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14 Prof. Sports & L. 1 (2023)

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PREFESIENAL S


March-April  2023.  Volume   14, Issue 1


and the


Galette v. Goodell: Federal Judge Tosses

Athlete's $300M Racial Bias Suit


By James  Molen, Partner at
Greenberg  Glusker LLP

   n recent years, there has been a signifi-
   cant increase in public awareness and
discourse surrounding issues of race and
discrimination within various industries,
including professional sports. One high-
profile case that has drawn attention to
these issues is that of Galette v. Goodell,
in which former NFL linebacker, Junior
Galette, alleged that he was subjected to
racial discrimination by the league. Un-
fortunately for Galette, his case failed to
make it past the pleading stage. Neverthe-
less, it does shed light on the experiences
of Black athletes who continue to face
barriers and bias within the NFL


  While  not Galette's first tangle with
the NFL  (he was previously suspended
by the league for two games in 2015 after
a domestic violence charge that was later
dropped), Galette's recently dismissed
lawsuit certainly marked his most ambi-
tious confrontation.
   It all started onAugust23, 2022, when,
five years after his last NFL game, Galette
brought a lawsuit in Florida federal court
seeking $300 million in damages, accus-
ing the league of racially discriminating
against him and blacklisting him because
he exercised his free speech rights.
  As alleged by Galette, he had previously
spoken out several times on social media

             See RACIAL on paqe  25


Slur r'_            ®  ®   ®   of  Soldier Field                nute


By Courtney E  Dunn, of Segal
McCambridge

    or decades, Mexico national soc-
    cer team fans have been known to
chant eeeh puto from the stands, which
translates to a derogatory term for male
sex workers. When fourl members of the
LGBTQ+ community (Plaintiffs)  at-
tended the 2019 Confederation ofNorth,
Central America and Caribbean Associa-
tion Football (CONCACAF)  Gold Cup
Final at Soldier Field in Chicago, they
were familiar with the common chant that
so often echoes throughout the stadium.

1  The Complaint specifies that three of the four
   Plaintiffs are gay men, while the third was just
   perceived as being gay - a distinction which has no
   bearing on the analyses of this matter pursuant to
   the Illinois Human Rights Act. See 775 Ill. Comp.
   Stat. 5/103(Q).


Still, they opted to attend the Gold Cup
Final. Plaintiffs did so clad in Team USA
jerseys detailed with rainbow-colored
numbers,  thus associating themselves
with the LGBTQ+  community.
   With the chant in mind, Plaintiffs
took a preventative measure in an effort
to minimize use of the slur by way of
an email to Defendants (though it is
unclear which Defendants, specifically)
four days prior to the Gold Cup Final.
In the email, Plaintiffs advised that they
expected intervention should the chant be
used, and reminded CONCACAF   of the
three-step protocol in place for addressing
racist and/or discriminatorybehavior, in-
cluding chants. CONCACAF's three-step
protocol includes: (1) stopping the game

             See DISPUTE on page 26


Kishner of Herrick, Feinstein LLP  27


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