2 Prof. Sports & L. 1 (2011-2012)

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March-April  20110   Volume  2, Issue 1

and the

Baseball, Drug Testing, and the Fourth


By Alan J. French and Ryan M.

     he so-called Steroid Era in Major
     League Baseball (MLB) has left an
indelible footprint on the sport. Over the
course of the past decade, MLB and its
players have appeared before Congress on
multiple occasions and been compelled to
deal with possible government oversight
in connection with the league's doping
protocol. While these events have brought
a negative stigma to the game, baseball has
finallywon an important legal battle against
the government.
   In a case of apparent first impression, the
Ninth Circuit Court of Appeals recently

decided a multi-pronged dispute that dealt
with the Fourth Amendment's search and
seizure language in the context ofbaseball's
drug testing program. In December 2010,
lawyers for the United States decided not
to appeal the September 2010 en banc rul-

     See Baseball, Drug Testing on Page 18

Florida Supreme Court Rebuffs Citizens

     he Florida Supreme Court has affirmed
     a lower court's ruling that validated the
issuance ofbonds by Sarasota County and the
City ofSarasota, ameasure the municipalities
undertook to entice the Baltimore Orioles to
hold its spring training in Sarasota.
   The municipalities had entered into a
memorandum   of understanding (MOU)
with the Orioles, which obligated the munici-
palities to renovate a stadium complex with
funds raised through the issuance of bonds.
In exchange, the team would, among other
things, relocate to Sarasota for spring training.
   In a bid to prevent the use of public
funds as an enticement, the Sarasota Citizens
for Responsible Government, et al. sued,
alleging, as previously reported in Sports
Litigation Alert (http://www.hackneypubli-

cations.com/sla/archive/00 1 002.php), that
the deliberations to bring the Orioles to
Sarasota were in a 'dark back room' despite
being advertised by the County Commis-
sioners as a public meeting. The group
claimed that the County Commissioners
sidestepped Florida open government lawby
shielding the public from having a voice in
the decision to bring the Orioles to Sarasota.
  After a trial court ruled for the defendants,
the plaintiffs appealed, claiming that the
trial court erred when ruling that a deputy
county administrator and the individuals he
consulted in negotiating with the team (the
so-called negotiations team) were not a board
or commission subject to the Sunshine Law.
   The state Supreme Court sided with
          See Florida Supreme on Page 17

Court Finds Applicability of
CBA  Guts Football Players'



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