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Nearly three weeks ago, former Dolphins coach Brian Flores dropped a bomb on the NFL by suing the league for racial discrimination in the hiring, compensation, and retention of Black coaches. The lawsuit included a separate allegation that Flores fell out of favor because he refused to go along with a plan to tank in 2019, ultimately refusing an offer from team owner Stephen Ross of $100,000 per loss.
Making the claim that Ross wanted to lose even more jarring is the fact that it allegedly happened at the dawn of the age of legalized sports wagering. As of 2019, roughly six states had legalized sports wagering programs. To the extent that the tanking plan worked, the Dolphins deliberately lost games that someone, somewhere bet hard-earned money theyd win.
For that reason, its hard not to imagine that the Dolphins and the NFL will eventually face a class-action lawsuit on behalf of all those gamblers who placed wagers on the Dolphins to win, either via the money line or with application of the point spread. The argument would be simple. The owners alleged desire to lose games taints the outcome of every loss, justifying a refund of all money wagered and lost.
Its too early to know what Flores will say regarding the tanking plan in 2019. The available evidence suggests that he may have gone along with it through the Week Five bye. The Dolphins lost in Week One to the Ravens, 59-10. Then came a 43-0 loss to the Patriots, a 31-6 drubbing in Dallas, and a 30-10 loss to the Chargers.
During the bye, Flores announced that Josh Rosen would serve as the starting quarterback for the rest of the year. During a Week Six game against Washington, Flores replaced Rosen with Ryan Fitzpatrick. The Dolphins went from losing by a score of 17-3 to a final outcome of 17-16.
In hindsight, that could be the moment at which Flores decided to break from the tanking plan.
Immediately after the loss to Washington, Flores said Rosen remains the starter. The next day, Flores opened the door for Fitzpatrick to reclaim the job. Two days later, it was official Rosen out, Fitzpatrick in.
After starting 0-7, the Dolphins went 5-4. Even without specific testimony from Flores as to whether tanking happened and if so when it ended, it looks like there was something happening. Indeed, some league insiders wondered in September whether it wasnt a one-year tank or Tua but a two-year effort to land Trevor Lawrence.
Regardless, theres a class action waiting to be filed. Frankly, Im surprised it hasnt been filed yet.
Read more here:
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