NASL sues USSF: Soc Takes contributors weigh in

September 20, 2017 by
NASL sues USSF

Image credit: NASL

The North American Soccer League (NASL) has filed a federal antitrust lawsuit against the U.S. Soccer Federation (USSF), the league announced Tuesday.

In wake of the news, our contributors linked up to share their opinions on the impending litigation.

Bob Williams: Seventy-one pages, 215 points of order and one last throw of the dice. So much for the “new sense of humility and collaborative spirit” in the NASL after its unlikely last-minute reprieve back in January. And so much for the assumption that the NASL owners were going to simply go back to the USSF and restate their case after being denied Division II sanctioning early this month.

Instead, there is a court case. Two actually, following the Miami FC/Kingston Stockade claim to the Court of Arbitration for Sport for the USSF to introduce pro-rel in U.S. Soccer. It is the emotive language in this Rocco Commisso-fronted lawsuit that really stands out — the frequent references to a “conspiracy” and that the NASL could be “destroyed altogether.”

And what of the wider point that the relationship between the USSF and MLS is a little too cosy for comfort? Well, that is a conversation for another day — and one that ultimately needs to be resolved. Until then a far more immediate question remains: how much time in the end will NASL clubs have to sort out their futures next year should this case go against the league? A resolution is needed quickly for everyone’s sake.

Aaron Gunyon: It wasn’t that long ago that the league released a statement promising to play nice and work with the USSF. Most of the grievances that the NASL illustrated today should have been sticking points nine short months ago. What has changed? Obviously, the USSF revoking provisional DII status has changed a few minds. The glaring issue for me is that the NASL was aware of all these alleged unfair antitrust practices just a few months ago and didn’t seem all that bothered.

Another concept I am ready to put to rest: There have been claims that the divisions in a closed system don’t matter, or that they are arbitrary. Here we see conclusive evidence that league sanctioning is extremely important. The ones with money at stake are now seeking legal action. In this case, the NASL is aware that there is no going back from this. The USL is too strong to have the positions reversed in the future. Should the USL maintain its DII status, the NASL will have no way to work itself back. That is why we see this Hail Mary today.

I worry about the long term viability of the NASL like so many others. We have seen too many clubs fold or defect in recent years to believe that it is healthy. It’s not. I will believe that there is hope when a team defects to the NASL over another. If, by some miracle, the NASL adds five teams to replace the five lost after 2016, then it’s treading water at best. There are no guarantees that the NASL will retain all eight teams that are currently participating.

The NASL hasn’t done enough in 2017 to deserve Division II sanctioning. Last year’s solution of playing opponents five times each this season isn’t creating the most compelling competition.

Nipun Chopra: All I have are questions:

(1) Does the USL have DII status yet?
(2) What is Stephen Malik’s role here — as both a representative to the USSF, as well as the owner of NCFC?
(3) In the lawsuit, NASL claims to already have agreements to bring New Orleans, Detroit and Atlanta on-board. If this is true, why doesn’t the NASL announce those teams and then bring a lawsuit about having met the USSF DII requirements? You would have a strong case then?!
(4) Why the conspiratorial thinking? Why build a lawsuit on a series of conjectural observations represented as fact?
(5) If there is a conspiracy, why wait until you are about to disappear to go for the jugular?
(6) Has Rocco been the chairman of the board this entire time?
(7) Why blatantly misrepresent the truth in statute 87 about the reasons for the failure of clubs such as the Strikers and Rayo OKC?
(8) For the USSF: why are you such an embarrassment to everyone that loves the beautiful game stateside?
(9) For Indy Eleven ownership: What is the plan?
(10) For Rocco: How can I believe anything you say is truly you if it isn’t written in third person? DM me if someone has placed an Imperius Curse on you.

James Poling: The USSF may be forced into pyramid-wide restructuring if the NASL’s antitrust lawsuit succeeds in eliminating division tiers. Unprecedented growth in lower-division soccer in a closed system has strained the federation’s inconsistent and somewhat inapplicable divisional requirements, which exposed the federation to an antitrust lawsuit such as this one.

But at what cost is this lawsuit for the NASL? The league finds itself on the brink of extinction for a second-straight season. It made strong arguments in regard to potential Sherman Act violations, but any resolution short of being awarded a multi-million monetary award from damages will not save the league from the precarious state it finds itself in. If anything, eliminating division requirements would provide relief to the United Soccer League, which is finalizing its 2018 Division II sanctioning request and has had much more success attracting investors within the past year, San Diego notwithstanding, than the NASL.

John Lenard: The NASL has exhausted any remaining goodwill among the USSF, other leagues and neutral observers. Suing your way to where you want to be is not a sustainable strategy.

This, coupled with the difficulties of expansion, makes me question the viability of the league. I hope at least we don’t lose any clubs.

Kevin Johnston: To be blunt, the NASL was beyond lucky just to retain provisional Division II status entering 2017. The league had to seize control of Jacksonville Armada FC to keep it afloat, while the Fort Lauderdale Strikers and Rayo OKC flamed out in a blaze of non-glory. Other clubs like Minnesota United FC, the Tampa Bay Rowdies and Ottawa Fury FC bolted for the greener pastures of MLS and the USL.

All the while, the NASL pursued legal action against the USSF, claiming it was worthy of — wait for it — Division I status, and thus comparable to or above MLS. If it seems crazy for a league to claim top-flight status while unraveling at the seams, that’s because it is.

This latest round of litigation isn’t quite as delusional, but pretty much removes any hope the league has of getting back in the USSF’s good graces. It’s now “win the lawsuit or bust” for the NASL, or accept its ominous fate below DII.

Perhaps ironically, the NASL may have to resort to collaboration to save itself or some of its clubs in the future, but might’ve burned too many bridges along the way to do so. As the cliche goes, you reap what you sow.

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