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MLSPA Writes Opposition To Major Aspect Of Sen. Mitch McConnell’s Stimulus Legislation

Major League Soccer, following the lead of the NWSL, has had a mostly successful return from the novel coronavirus pandemic. Playing matches in a bubble in Orlando, Florida, MLS has helped show it is possible to resume sports, so long as a long list of necessary precautions are taken.

Perhaps then it’s no surprise the players association of MLS — and those from four other major sports leagues — has taken issue with a key aspect of Sen. Mitch McConnell’s latest stimulus legislation proposal. 

Players association executive directors from MLS, MLB, NFL, NBA and NHL signed onto a letter questioning liability protections in the Senate Majority Leader’s proposed stimulus bill, CNN reported on Monday. (We’re guessing the boys club forgot to invite the NWSL, which set the standard for how to play during a pandemic in the U.S.)

McConnell’s proposed legislation, introduced last week with GOP Sen. John Cornyn of Texas, gives businesses, schools, health care providers and nonprofits legal cover from Covid-19 providing they don’t show gross negligence in following public health guidelines. Any lawsuits would be heard in federal court.

Essentially, Republicans want to make it all but impossible for Americans to sue their employers, schools or businesses should they contract Covid-19. Anyone living in America who doesn’t own a company should be worried about such legislation, so it’s no surprise professional athletes are taking a stand, knowing they could be put in harm’s way by their respective leagues (and in the case of MLB, have already been put in harm’s way).

“We question whether any such type of special immunity is warranted at all, as there has been no showing that state laws are inadequate,” the players associations stated, according to the letter obtained by CNN. “There is still much that is unknown about this disease, how it spreads, and the long-term consequences of exposure. It makes little sense during these uncertain times to both ask employees to return to work and, at the same time, accept all the risk for doing so.”

Republicans, who control the Senate and White House, have failed to provide any sort of stimulus relief to Americans since an initial $1,200, which was never going to be enough, went out in April. With much-needed unemployment benefits now having been taken away, there’s increased necessity for the federal government to actually do something in the face of the biggest crisis the country has faced in decades. Introducing a bill to prevent business owners from being sued is not the answer, according to the letter from the players associations.

“The introduced language by Senate Republicans, as we understand it, would federalize all Covid-19 work claims and provide employers with an immunity that is so broad that not even egregious behavior would be actionable,” read the letter, which was written to the top four leaders of Congress, CNN reported.

MLSPA

Photo: @MLS | Twitter

The National Women’s Soccer League was the first major pro team sports league to return after the U.S. shut down for the coronavirus pandemic in March. The NWSL Challenge Cup, which began on June 27, provided a blueprint for other leagues to follow by playing in a bubble in Utah with strict quarantines and intense testing. Although the Orlando Pride had to be expelled for the tournament for having too many positive tests beforehand, the bubble worked, with the competition concluding successfully on July 26

Since the NWSL returned, MLS and now the NBA have followed similar procedures by playing games in a bubble, both in Orlando. So far both leagues have been successful at protecting their players. MLB, which has tried to return without the aid of playing games in a bubble, has had a string of postponements as players continue to test positive for Covid-19. The NHL is using a hybrid system (two hub cities) while the NFL faces a gargantuan task to return this fall given the number of players on each roster. (Other countries have resumed sports, even with fans, because unlike the U.S. they’ve been able to ramp up testing and contact tracing enough to return some sense of normalcy.)

One thing the players associations of all the leagues can agree on: Giving companies freedom from liability will inevitably place the risk on employees. 

“We understand there are no perfect solutions, at least not yet,” the letter read. “At the same time, we also recognize the importance for the country for many of us to return to work, and to find ways to return to the office, the factory, and arenas and stadiums. We do not believe, however, that the risk of doing so should be borne exclusively by employees.”

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Despite this letter, it seems unlikely McConnell will be moved to change his views. Earlier this month, the Kentucky Senator said liability protections are his “red line” for any new relief proposal. McConnell showing a complete lack of regard for human life is anything new, but not allowing Americans proper recourse should their employers put their lives at risk is a scary thought for all the Americans who don’t own a business. 

According to CNN, Cornyn’s office has disputed the claims in the letter about liability protection, saying it only protects those who don’t willfully or grossly ignore health guidelines. However, considering how grossly ignorant some health guidelines have been from the start thanks to the President’s willful disdain of all things science, federal, state and local health guidelines have often been extremely slow and negligent in many areas. In Cornyn’s own state, the Republican governor refused for weeks to do anything meaningful to help prevent the spread of Covid-19, especially in Texas’ major cities, resulting in a huge loss of life that was entirely preventable. 

It’s a sad state of affairs when the United States has been gripped by a deadly pandemic, a debilitating economic crisis and a reckoning on race and the only thing the federal government has done to help the average American is pass one little stimulus package months ago. Now finally thinking about doing something more to help out its citizens, elected officials are more interested in protecting businesses than protecting human life. 

At least the MLS players association is standing up for individuals, even if it’s mostly being done to protect themselves. 

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