WEBVTT 1 00:00:00.000 --> 00:00:02.240 All right, rolling into the five o'clock hour, busy end 2 00:00:02.240 --> 00:00:04.000 of the show coming up. Brian Schmitzer is going to 3 00:00:04.080 --> 00:00:07.120 join us at five forty five. Monte Cohler, the legend 4 00:00:07.879 --> 00:00:13.560 the legendary coach of the Oday Fighting Irish who has 5 00:00:13.599 --> 00:00:18.000 already and Greg Bell reminded us this today that Greg 6 00:00:18.160 --> 00:00:23.199 was on the call with Chris Kidd in the state 7 00:00:23.320 --> 00:00:27.359 championship game in the Tacoma Dome where Monty Cohler tied 8 00:00:27.440 --> 00:00:29.960 Sid Aughten for the all time record that was right 9 00:00:29.960 --> 00:00:32.600 here on ninety three point three KJRFM. And he has 10 00:00:32.640 --> 00:00:34.600 one win away from breaking it. We'll talk to him 11 00:00:34.600 --> 00:00:38.119 coming up in the six o'clock hour. But Hugh, we 12 00:00:38.159 --> 00:00:41.159 had John Wilner on the last hour and I just 13 00:00:41.479 --> 00:00:44.479 I simply asked him, you know, obviously there are things, 14 00:00:44.520 --> 00:00:46.600 there are many things that need to be need to 15 00:00:46.640 --> 00:00:50.399 be changed by college about college football. It's so funny 16 00:00:50.439 --> 00:00:53.359 how the popularity of college football is just going through 17 00:00:53.399 --> 00:00:56.439 the roof. Eyeballs are there, butts are in seats, and 18 00:00:56.560 --> 00:00:59.200 yet we all realize there are things that are just 19 00:00:59.520 --> 00:01:04.079 epically broken in terms of the sport right now. But 20 00:01:04.120 --> 00:01:07.079 they're getting through it with still getting you know, millions 21 00:01:07.120 --> 00:01:10.200 and millions of eyeballs every single week. But I asked him, 22 00:01:10.239 --> 00:01:13.599 you know, what would have been his primary tenets of change? 23 00:01:14.000 --> 00:01:17.159 Where would he focus if he was the tzar of 24 00:01:17.280 --> 00:01:21.079 college football, or really the czar of all you know, 25 00:01:21.319 --> 00:01:24.640 we'll call it the the revenue sports in college athletics. 26 00:01:25.200 --> 00:01:27.519 How would he make changes and where he would make changes? 27 00:01:27.560 --> 00:01:29.840 And I'd love to talk about it with you right now. 28 00:01:29.879 --> 00:01:32.200 I mean, I wrote down a couple of things that 29 00:01:32.200 --> 00:01:35.519 that that just popped into mind. And you know, I 30 00:01:35.599 --> 00:01:41.040 have been so so against change in college football for 31 00:01:41.120 --> 00:01:44.840 so long. I mean, I was anti free transfer portal 32 00:01:45.599 --> 00:01:51.079 big time. I wasn't really anti NIL, but I wanted 33 00:01:51.079 --> 00:01:54.200 to see some structure in the NIL. I always wondered 34 00:01:54.239 --> 00:01:56.319 when this NIL came out, and Softy and I would 35 00:01:56.359 --> 00:01:59.640 wonder aloud, you know when this when this whole and 36 00:01:59.760 --> 00:02:01.680 I thing was coming down. We would sit here on 37 00:02:01.719 --> 00:02:07.120 the air and we'd go, what is preventing some dude 38 00:02:07.760 --> 00:02:11.199 at a car dealership from paying this high school senior 39 00:02:11.240 --> 00:02:14.039 a million and a half and guys at his NIL 40 00:02:14.240 --> 00:02:16.919 to come to school? And the rules are all, well, 41 00:02:16.960 --> 00:02:20.199 you can't do that with recruits, right, you can't use 42 00:02:20.360 --> 00:02:23.000 money to incite recruits to go to college, and we're 43 00:02:23.039 --> 00:02:27.199 just like, who's who, says, who's stopping it? Right, nobody's 44 00:02:27.240 --> 00:02:31.360 stopping it, And in fact, nobody has stopped it. It 45 00:02:31.400 --> 00:02:36.120 has just totally run amuck. So I'm willing to bend 46 00:02:36.719 --> 00:02:42.719 on the transfer portal, specifically if you're moving up or 47 00:02:42.800 --> 00:02:46.280 down a level. I think if you get misdiagnosed at 48 00:02:46.280 --> 00:02:49.439 a certain level, and hey, you're supposed to be a 49 00:02:49.479 --> 00:02:52.639 you know, a power two player, a big ten sec player, 50 00:02:52.639 --> 00:02:57.240 and you sign with you know, Indiana or Ohio State 51 00:02:57.360 --> 00:03:00.599 or Michigan or Washington and just you just not good 52 00:03:00.680 --> 00:03:02.840 enough to play at that level, I feel like you 53 00:03:02.879 --> 00:03:05.639 should be able to free transfer down same way as 54 00:03:05.719 --> 00:03:10.400 if you sign with Colorado State and you're a quarterback 55 00:03:10.400 --> 00:03:12.560 and you throw for four thousand yards and forty five 56 00:03:12.639 --> 00:03:15.039 touchdowns and you want to trans Michigan wants you, and 57 00:03:15.080 --> 00:03:16.639 you want to transfer to Michigan, I think you should 58 00:03:16.639 --> 00:03:19.120 be able to free transfer to Michigan. Would I would 59 00:03:19.199 --> 00:03:22.800 love to see the transfer portal get chopped down after 60 00:03:22.879 --> 00:03:25.039 that to the point where, yeah, you're starting to lose 61 00:03:25.360 --> 00:03:29.800 eligibility again. If your coach didn't leave, you sign with 62 00:03:29.800 --> 00:03:32.960 a program and you just kind of decide that I 63 00:03:33.000 --> 00:03:35.199 want to go someplace else, or somebody is offering me 64 00:03:35.280 --> 00:03:38.360 more money someplace else under the table, that's where I 65 00:03:38.360 --> 00:03:40.879 think the punishment should land. That would be my first 66 00:03:40.879 --> 00:03:43.599 and foremost change I would make. And then the second 67 00:03:43.680 --> 00:03:49.560 change I would make. Is this the nil deal you need? Does? 68 00:03:49.639 --> 00:03:51.800 It needs to be out in the open. It needs 69 00:03:51.800 --> 00:03:54.960 to be a contract that is signed that has a 70 00:03:55.120 --> 00:04:00.000 designated period of time. I have signed a two year 71 00:04:00.120 --> 00:04:04.000 contract with the Washington Huskies to be a linebacker, and 72 00:04:04.120 --> 00:04:06.919 I am being paid X amount of money of nil 73 00:04:07.000 --> 00:04:12.120 dollars which could increase over that period but will not decrease, 74 00:04:12.879 --> 00:04:16.639 Meaning I'm locked into a two year commitment. But Motlake 75 00:04:16.720 --> 00:04:20.920 Futures is also locked in to paying me X amount 76 00:04:20.920 --> 00:04:23.399 of dollars that it says on that sheet of paper, 77 00:04:23.720 --> 00:04:26.000 and it can't be less than next amount of dollars, 78 00:04:26.319 --> 00:04:28.800 but it could be more because I could go out 79 00:04:28.839 --> 00:04:31.639 and find more endorsements in the two years that I 80 00:04:31.720 --> 00:04:34.959 play with Washington. So let's start right there, and you 81 00:04:34.959 --> 00:04:37.120 can either comment on those hu or you can, you know, 82 00:04:37.519 --> 00:04:39.319 give me some of your own and we can discuss it. 83 00:04:39.839 --> 00:04:40.040 Yeah. 84 00:04:40.079 --> 00:04:46.040 I think for me, my interpretation is shaped by my 85 00:04:46.240 --> 00:04:52.319 experience and let me explain what I mean. Certainly, let 86 00:04:52.360 --> 00:04:54.560 me get out right in front. I'm not an attorney, 87 00:04:54.600 --> 00:04:56.560 do not have a lot of degree. I was a 88 00:04:56.560 --> 00:04:59.759 player rep for ten of my years in the NFL, 89 00:05:00.079 --> 00:05:02.839 which there's one rep per team you get voted by, 90 00:05:03.000 --> 00:05:08.399 and so I would represent my team various teams through 91 00:05:08.839 --> 00:05:14.399 all of the collective bargaining enterprises and efforts, right, And 92 00:05:15.800 --> 00:05:18.079 I was right there during the time when we were 93 00:05:18.079 --> 00:05:21.959 trying to get free agency part of the NFL, there 94 00:05:22.519 --> 00:05:27.040 had been what's called player indemnity where Joe Montana signs 95 00:05:27.040 --> 00:05:30.120 a contract with the forty nine ers. When his contract's up, 96 00:05:30.120 --> 00:05:31.839 he's still the property of the forty nine ers. He 97 00:05:31.839 --> 00:05:34.639 has no recourse. The only recourse he would have would 98 00:05:34.680 --> 00:05:37.519 be to hold out, say hey, you need me right. 99 00:05:37.600 --> 00:05:40.680 So that's not a lot of leverage by modern standards. Right, 100 00:05:40.720 --> 00:05:43.720 So we're trying to get free agency, and so in 101 00:05:43.759 --> 00:05:46.800 the process I had to acquaint myself with the anti 102 00:05:46.839 --> 00:05:49.600 trust laws. And this is before the internet. So I 103 00:05:49.639 --> 00:05:51.680 would go to local libraries in Orange County when I 104 00:05:51.680 --> 00:05:54.399 represented the RAMS, and by the way, I was flown 105 00:05:54.480 --> 00:05:57.839 back to Washington and had to stand on the witness 106 00:05:57.879 --> 00:06:02.000 stand and get peppered by NFL attorneys. And by the way, 107 00:06:02.000 --> 00:06:05.120 they're really good NFL's attorneys, right, especially when they have 108 00:06:05.160 --> 00:06:08.519 an army out of them coming at you, right, and. 109 00:06:07.800 --> 00:06:08.959 You're twenty three years old. 110 00:06:09.279 --> 00:06:13.120 But and then when I was in Atlanta, I went 111 00:06:13.120 --> 00:06:15.839 to Emory Law School, drove my ass to Emory Law School, 112 00:06:15.879 --> 00:06:18.120 just parked myself in the library and just pulled out 113 00:06:18.160 --> 00:06:20.839 anti trust books and and so this is kind of 114 00:06:20.839 --> 00:06:25.240 my layman's understandings for a long time. Well, to me, 115 00:06:25.319 --> 00:06:27.879 it was just like I need to be educated because 116 00:06:27.920 --> 00:06:32.279 I'm the liaison between my team and the union operation. 117 00:06:32.800 --> 00:06:37.120 And so I'm representing, you know, the Falcons or the Patriots, 118 00:06:37.759 --> 00:06:40.000 and and then I have to in turn go back 119 00:06:40.040 --> 00:06:44.519 and communicate to my team, you know, the the material 120 00:06:44.600 --> 00:06:48.199 aspects of what's happening with union matters, right, And particularly 121 00:06:48.199 --> 00:06:51.160 when you were going through the free agency, the effort 122 00:06:51.160 --> 00:06:53.959 to to have free agency was you know, it is 123 00:06:54.000 --> 00:06:57.120 important for me to be aware of this. So now 124 00:06:57.160 --> 00:07:00.399 as I and basically what you have that this is 125 00:07:00.439 --> 00:07:05.120 the simple I think every fan should understand this. There 126 00:07:05.120 --> 00:07:08.920 are certain aspects of the let's call the NFL, and 127 00:07:08.959 --> 00:07:11.040 I'm going to get to the college. Okay, because I'm gona, 128 00:07:11.040 --> 00:07:13.600 I'm gonna I'm gonna talk about what I know more 129 00:07:13.759 --> 00:07:17.319 and then we'll apply it to the college. There are 130 00:07:17.360 --> 00:07:21.439 certain aspects of the NFL operation that are patently in 131 00:07:21.519 --> 00:07:25.519 violation of anti trust law. Take the NFL draft. The 132 00:07:25.600 --> 00:07:27.879 idea that you can just you can just say, hey, 133 00:07:28.120 --> 00:07:30.959 you're not going to have any freedom to negotiate your 134 00:07:30.959 --> 00:07:33.120 contract or where you want to live. We're just going 135 00:07:33.199 --> 00:07:35.399 to draft you and we're going to slot you. That 136 00:07:35.519 --> 00:07:40.199 is patently anti trust. Anti trust is specifically the German 137 00:07:40.279 --> 00:07:42.680 Anti Trust Act that's been around for over one hundred 138 00:07:42.720 --> 00:07:45.800 years guiding American businesses. It's you can think of an 139 00:07:45.800 --> 00:07:50.079 anti trust as anti competition that the anti trust laws 140 00:07:50.120 --> 00:07:55.360 are designed to to prevent prevent practices by businesses that 141 00:07:55.399 --> 00:07:59.519 are anti competition. They want to stimulate competition, right, okay, 142 00:07:59.800 --> 00:08:03.959 But within the anti trust laws, then you have the 143 00:08:04.079 --> 00:08:07.920 labor laws, specifically the Wagner Labor Act. The labor laws 144 00:08:08.319 --> 00:08:11.319 will supersede the anti trust laws. 145 00:08:11.319 --> 00:08:12.000 What does that mean? 146 00:08:12.079 --> 00:08:17.000 If you collectively bargain, you can take your rights. In essence, 147 00:08:17.000 --> 00:08:19.399 the players can say, hey, we've got these really cool 148 00:08:19.480 --> 00:08:22.839 rights with anti trust. We can hold this as leverage, Like, hey, owners, 149 00:08:23.040 --> 00:08:27.519 your freaking draft is so freaking illegal, right and and so, 150 00:08:28.079 --> 00:08:30.199 but we will agree to it. We will accede to 151 00:08:30.240 --> 00:08:35.480 your your draft provided you give us forty nine percent 152 00:08:35.480 --> 00:08:38.480 of the revenue and you know, wages, hours in terms 153 00:08:38.480 --> 00:08:40.559 of employment. Those are the things that you're discussing in 154 00:08:41.039 --> 00:08:44.879 collective bargaining agreement, which basically covers everything. Hey, we don't 155 00:08:44.879 --> 00:08:47.240 want to have long mini camps, we don't want to 156 00:08:47.279 --> 00:08:50.200 have contact and training, we want to have more pension, 157 00:08:50.240 --> 00:08:53.399 you know, contributions to pension. Give us all this stuff 158 00:08:53.840 --> 00:08:57.080 that we want, and we'll let you break the law, 159 00:08:57.200 --> 00:08:59.399 the anti trust right. And then the courts will not 160 00:09:00.080 --> 00:09:02.360 they will not find you guilty of anti trust violation 161 00:09:02.519 --> 00:09:06.000 because it was collectively bargained. And again remember this term 162 00:09:06.120 --> 00:09:09.279 that will labor laws supersede the anti trust laws. And 163 00:09:09.320 --> 00:09:12.559 so so we went that so so and then even 164 00:09:12.879 --> 00:09:16.279 we had to desertify as a union when we had 165 00:09:16.279 --> 00:09:22.639 an impasse to get to get the operation analyzed under 166 00:09:22.919 --> 00:09:25.799 anti trust law. Basically we're saying, hey guy, hey NFL, 167 00:09:26.080 --> 00:09:28.960 we're gonna we're gonna nail you an anti trust and 168 00:09:29.200 --> 00:09:32.120 you know you're gonna lose. And so that drives them 169 00:09:32.159 --> 00:09:35.720 to the bargaining and and that's where we had. You know, 170 00:09:35.759 --> 00:09:39.200 you end up having collective bargaining agreements now and with 171 00:09:39.559 --> 00:09:45.240 college understand this. The Supreme Court and the the n 172 00:09:45.279 --> 00:09:48.240 c A was fools. They lost in a lower court 173 00:09:48.639 --> 00:09:55.279 about education and related compensation. Just you know, Pewter plans 174 00:09:55.279 --> 00:10:00.000 for me sing nothing. Oh we're losing. 175 00:10:00.679 --> 00:10:02.960 We're losing. The use me, yeah, just for it, just 176 00:10:02.960 --> 00:10:06.360 for a second, just for a second, we might might act. Yep, 177 00:10:06.440 --> 00:10:08.679 yeah it sounds good. Now, yep, we're good. 178 00:10:08.759 --> 00:10:13.000 Okay, So let's now let's talk about college football Austin 179 00:10:13.159 --> 00:10:15.879 versus the NCAA. I believe it was twenty twenty one. 180 00:10:15.960 --> 00:10:17.480 I might be off by a year. I think the 181 00:10:17.759 --> 00:10:23.639 summer twenty twenty one that the players we were suing 182 00:10:23.679 --> 00:10:29.639 the NCAA for restrictions on education related compensation. It was 183 00:10:29.679 --> 00:10:34.679 only education like computers or or musical instruments for music 184 00:10:34.759 --> 00:10:37.279 majors or you know, a few post graduate like It 185 00:10:37.320 --> 00:10:42.360 was insignificant, and the court sided with the players. 186 00:10:43.159 --> 00:10:44.480 Okay, it was. 187 00:10:44.559 --> 00:10:48.600 The NCAA then appealed it to the appellate court, not 188 00:10:48.679 --> 00:10:51.399 the players. The players didn't lose an appeal. The NCAA 189 00:10:51.440 --> 00:10:54.720 lost and then appealed, and so then the NCAA, when 190 00:10:54.720 --> 00:10:56.639 they lost in the appellate court, they said, well, let's 191 00:10:56.639 --> 00:10:58.159 take it to the Supreme Court. 192 00:10:58.519 --> 00:10:59.919 So they took it to the Supreme Court. 193 00:11:00.000 --> 00:11:02.919 Awesome, and they got their ass handed to them nine 194 00:11:02.960 --> 00:11:09.600 to nothing. And in the process some very dormant legal 195 00:11:09.639 --> 00:11:14.279 matters about legal questions about hey, how would the Supreme 196 00:11:14.360 --> 00:11:20.159 Court view the amateur status of college football players? And 197 00:11:20.200 --> 00:11:24.720 this is going back to some TV issue this is 198 00:11:25.000 --> 00:11:30.399 Oklahoma and Georgia versus the NCAA, about that's the last 199 00:11:30.399 --> 00:11:34.519 time that Supreme Court had weighed in on the college 200 00:11:34.559 --> 00:11:38.279 football model, the amateur model. Because the NCAA is basically saying, hey, 201 00:11:38.320 --> 00:11:40.879 you fans, you will not go to a Husky You'll 202 00:11:40.879 --> 00:11:44.799 go to a Seahawk game and watch the Seahawks knowing 203 00:11:44.960 --> 00:11:48.559 that the quarterback is making thirty million, But you won't 204 00:11:48.639 --> 00:11:51.720 go to to a Husky game if you know that 205 00:11:51.759 --> 00:11:54.519 you're watching professionals down there. There has to be an 206 00:11:54.559 --> 00:11:58.759 amateur distinction. That was the NCAA's position. And so then 207 00:11:58.799 --> 00:12:02.039 the chess court you turn around and you say, well, 208 00:12:02.039 --> 00:12:04.720 what is the least restrictive system that you could have 209 00:12:05.480 --> 00:12:09.480 and still and and the business still thrives. So when 210 00:12:09.519 --> 00:12:13.120 the players were getting nothing, I mean these stipends, you 211 00:12:13.120 --> 00:12:15.960 can't even pay your bills. If the NCAA had just 212 00:12:16.039 --> 00:12:18.519 been a little less greedy, just give away, they were 213 00:12:18.559 --> 00:12:22.159 the ones that kept appealing, just educated, really just take 214 00:12:22.200 --> 00:12:26.360 the L, NCAA, take the L. They got lousy legal 215 00:12:26.399 --> 00:12:29.000 advice because they end up taking it up to the 216 00:12:29.120 --> 00:12:31.759 NCAA and losing, excuse me, the Supreme Court and losing 217 00:12:31.840 --> 00:12:34.480 nine to nothing. And this this is not a liberal court. 218 00:12:35.080 --> 00:12:37.840 This is a court that overturned row versus weight, Like 219 00:12:37.919 --> 00:12:41.559 this is really lousy legal advice that the NCAA had 220 00:12:41.799 --> 00:12:44.559 and they were too freaking greedy. And so now what 221 00:12:44.759 --> 00:12:48.039 how how did they interpret this one question? 222 00:12:48.200 --> 00:12:50.480 If they had done exactly what you said and just 223 00:12:50.799 --> 00:12:53.039 given a little where do you think. 224 00:12:52.919 --> 00:12:56.960 Still would have been ambiguity about where the laws lie 225 00:12:57.000 --> 00:12:59.679 on the amateur that Supreme Court would not have weighed 226 00:12:59.679 --> 00:13:02.799 in on the on the amateur argument that the NCAA 227 00:13:02.879 --> 00:13:04.279 is held for decades. 228 00:13:03.919 --> 00:13:05.879 So which is again and we wouldn't have an I 229 00:13:06.039 --> 00:13:07.679 L yet. 230 00:13:08.399 --> 00:13:12.399 Uh there there would be there, Yes, there would be Uh, well, 231 00:13:12.440 --> 00:13:14.720 I can't say exactly what would have happened. But the 232 00:13:15.240 --> 00:13:20.320 floodgates have opened up because the nc The I keep saying, 233 00:13:20.360 --> 00:13:22.879 the Supreme Court of the nca the Supreme Court, let 234 00:13:22.919 --> 00:13:26.159 me say it again. The Supreme Court. They looked at 235 00:13:26.159 --> 00:13:29.080 this and they weighed in on the model. They said, 236 00:13:29.120 --> 00:13:33.279 not only is it are you the NCAA, you member 237 00:13:33.320 --> 00:13:36.519 institutions of the NCAA. Not only are you exposed? Are 238 00:13:36.559 --> 00:13:40.639 you gonna lose this? This education compensation again just violence 239 00:13:40.679 --> 00:13:45.639 and computers deal. The entire compensation is patently anti trust, 240 00:13:45.879 --> 00:13:49.440 It is anti competition. It is horizontal price fixing. What 241 00:13:49.519 --> 00:13:52.639 is horizontal price fixing. Let's take Reggie Bush, a very 242 00:13:52.639 --> 00:13:54.799 famous athlete who got in a lot of trouble with 243 00:13:54.840 --> 00:13:59.440 the NCAA. When Reggie Bush was offered a scholarship by 244 00:13:59.600 --> 00:14:03.000 USC and his stipend was only called it, you know, 245 00:14:03.000 --> 00:14:05.399 because this LA was more expensive. We'll call it nineteen 246 00:14:05.440 --> 00:14:08.279 hundred bucks. And let's say down in Austin, you know, 247 00:14:08.360 --> 00:14:10.039 it was seventeen hundred, and then you go up to 248 00:14:10.080 --> 00:14:14.360 South Bend, Indiana and it's sixteen fifty. And you go 249 00:14:14.399 --> 00:14:17.799 to Athens, Georgia and it's eighteen fifty. Like it's basically 250 00:14:18.320 --> 00:14:21.159 that is horizontal price fixing. In the eyes of the 251 00:14:21.200 --> 00:14:26.320 Supreme Court, it is anti trust, is it is anti competition, 252 00:14:26.600 --> 00:14:30.120 and it's illegal. And the Supreme Court said, look, your 253 00:14:30.240 --> 00:14:34.840 model cannot supply a survived anti trust scrutiny. And so 254 00:14:35.399 --> 00:14:38.960 then say brought this upon themselves. They didn't have to 255 00:14:39.000 --> 00:14:44.000 have done that. And so the Supreme Court they call 256 00:14:44.240 --> 00:14:48.360 the players the labor. This is a multi billion dollar enterprise, 257 00:14:48.480 --> 00:14:51.559 and the players are not players, they are labor. And 258 00:14:51.639 --> 00:14:55.639 there's horizontal price fixing. When you tell Reggie Bush that 259 00:14:56.320 --> 00:14:59.200 his stipend is only going to be about two thousand 260 00:14:59.200 --> 00:15:02.240 dollars or less no matter where he goes, that is 261 00:15:02.559 --> 00:15:05.600 horizontal price fixing. And the analogy that the Supreme Court 262 00:15:05.799 --> 00:15:08.679 used was the fallowing. This is not a humilli in analogy. 263 00:15:08.720 --> 00:15:11.279 This is a Supreme Court they said. They compared the 264 00:15:11.360 --> 00:15:14.799 model the NCAA compensation model to it would be as 265 00:15:14.799 --> 00:15:19.159 if all of the restaurant owners in a community conspired 266 00:15:20.080 --> 00:15:25.440 to suppress the wages of the chefs and their defense 267 00:15:25.600 --> 00:15:28.919 and Anti Trust Court is the only reason the patrons 268 00:15:28.960 --> 00:15:32.480 go into these restaurants is because they know the chef's 269 00:15:33.360 --> 00:15:37.399 wages are being suppressed. They won't have interesting going to 270 00:15:37.480 --> 00:15:39.960 those restaurants if they think the chefs are getting fair 271 00:15:40.080 --> 00:15:43.440 market value. They only want to have interest in this 272 00:15:43.639 --> 00:15:47.639 restaurant if they know that those chefs are being hammered 273 00:15:48.200 --> 00:15:51.000 and be and and their rights are being violated in 274 00:15:51.120 --> 00:15:55.039 ani trust. So this is the this is the this 275 00:15:55.120 --> 00:15:58.200 is the foundation, This is the climate. This is the 276 00:15:58.320 --> 00:16:00.679 lens through which I see these things. So every time 277 00:16:00.799 --> 00:16:03.679 you when you asked John Wilner, if you were the czar, 278 00:16:03.840 --> 00:16:06.039 what would you do? The first thing I think is, 279 00:16:06.279 --> 00:16:08.480 whatever your plan is, all the things that think that 280 00:16:08.559 --> 00:16:12.440 we think are common sense, they have to survive anti 281 00:16:12.480 --> 00:16:15.759 trust scrutiny. Or you have to have a system where 282 00:16:15.759 --> 00:16:19.679 you have collective bargaining by the players so that they 283 00:16:20.120 --> 00:16:26.279 on the aggregate can now supersede the anti trust laws. 284 00:16:26.519 --> 00:16:29.120 And until we get that to sitting there talking about 285 00:16:29.159 --> 00:16:31.240 what should happen, he said, no, no, no, see it 286 00:16:31.279 --> 00:16:34.600 from the Supreme Court's view about competition, and if you're 287 00:16:34.639 --> 00:16:39.679 suppressing the right of an of adult American the labor, 288 00:16:39.759 --> 00:16:43.559 if you're suppressing his rights in any anti competitive way, 289 00:16:43.840 --> 00:16:46.080 you are running a foul of the anti trust laws 290 00:16:46.120 --> 00:16:48.159 and the and the Supreme Court has made that clear. 291 00:16:48.320 --> 00:16:51.840 So we'll see if my changes pass that sniff test 292 00:16:52.240 --> 00:16:53.919 of anti trust. In the next segment, I want to 293 00:16:53.919 --> 00:16:55.960 get your take as well before we talk to Brian 294 00:16:56.000 --> 00:16:57.919 Schwetzer at five forty five on ninety three point three 295 00:16:58.039 --> 00:16:58.960 kJ RFM. 296 00:17:00.080 --> 00:17:04.240 Casting live from the R and R Foundation Specialist broadcast Studio. 297 00:17:04.799 --> 00:17:08.079 Now back to Softie and Dig powered by Emerald Queen Casino, 298 00:17:08.319 --> 00:17:11.799 the vetting capital of the Northwest, on Sports Radio ninties 299 00:17:11.839 --> 00:17:17.119 three point three kJ R FM. 300 00:17:17.839 --> 00:17:20.599 Brian Spenzel joined us in fifteen minutes, the head coach 301 00:17:20.920 --> 00:17:25.240 of Seattle Sounders FC, following their draw over the weekend 302 00:17:25.319 --> 00:17:29.200 to the Portland Timbers, Monty Cohler, the winning US coach 303 00:17:29.240 --> 00:17:32.559 in Washington state football history. Along with sid Otten, they 304 00:17:32.559 --> 00:17:36.599 are tied right now at the top. Sid Aughton has 305 00:17:36.640 --> 00:17:39.279 since retired, the great coach from tom Water. Monty Cohler 306 00:17:39.400 --> 00:17:42.400 is still going in the fortieth year, forty years at 307 00:17:42.640 --> 00:17:46.160 oday high School. You'll join us at six o'clock today. 308 00:17:46.200 --> 00:17:50.079 But you know, Hugh, listening to you educate us on 309 00:17:50.160 --> 00:17:54.880 the anti trust situation, I mean it seems to me 310 00:17:55.000 --> 00:18:01.279 like no matter how idyllic my selectutions are for fixing 311 00:18:01.319 --> 00:18:07.640 college football, nothing is going to be done without collective bargaining, 312 00:18:07.720 --> 00:18:11.240 meaning nothing's going to be done without a player's union, right, 313 00:18:11.279 --> 00:18:15.400 I mean, how can we have contracts for an NIAOL deal? 314 00:18:15.440 --> 00:18:19.359 How can I force Demon Williams to sign a three 315 00:18:19.480 --> 00:18:22.880 year contract with the University of Washington for fifteen million 316 00:18:22.920 --> 00:18:27.759 dollars if there's nothing to stop him from saying no, 317 00:18:27.839 --> 00:18:29.799 I'm not going to do that. There's no I mean, 318 00:18:30.240 --> 00:18:33.519 there has to be something has to be collectively bargained 319 00:18:33.519 --> 00:18:35.599 from the players, doesn't or is there a way that 320 00:18:35.640 --> 00:18:40.200 the NCAA can somewhat put the genie back in the 321 00:18:40.200 --> 00:18:44.680 bottle and repair just some of the damage that they 322 00:18:44.759 --> 00:18:46.160 have done over the last five years. 323 00:18:46.319 --> 00:18:50.039 Yeah, well, I think mostly the answers are either collective 324 00:18:50.039 --> 00:18:55.920 bargaining agreement or lobbying Congress. Get Congress involved to have 325 00:18:56.000 --> 00:19:02.160 some type of legislation that includes exemption from anti trust 326 00:19:02.759 --> 00:19:06.480 because right now that just just left to their own devices. 327 00:19:07.160 --> 00:19:09.759 The players, again, who are the labor, are going to 328 00:19:09.960 --> 00:19:13.920 have a lot of protection because the courts are very 329 00:19:13.960 --> 00:19:24.440 interested in stifling and preventing anti competitive prohibitions. So you know, 330 00:19:24.480 --> 00:19:27.480 you can just basically default if you think that that's 331 00:19:27.680 --> 00:19:30.839 likely to be anti competitive. It's likely that the court 332 00:19:30.880 --> 00:19:35.640 thinks that so my my reading and understanding. So what then, 333 00:19:36.359 --> 00:19:38.599 you know, I'll ask you the question that I asked John. 334 00:19:38.759 --> 00:19:41.680 I mean, what what principal tenants need to change in 335 00:19:41.720 --> 00:19:45.880 college football that you think are actually feasible to do 336 00:19:46.000 --> 00:19:49.880 in the in the short term, meaning the next few years. Yeah, well, 337 00:19:49.920 --> 00:19:55.839 you'd like to see certainly some type of adherence to contracts, 338 00:19:55.920 --> 00:19:59.599 right that that if there's going to be an ni 339 00:19:59.799 --> 00:20:04.480 L world, and we've got we've got the house settlement 340 00:20:04.519 --> 00:20:07.880 that's coming up where the the players are going to 341 00:20:08.000 --> 00:20:15.079 be receiving portions of the revenue, right and and so 342 00:20:15.400 --> 00:20:17.720 you've you've got that, so players are going to be 343 00:20:17.920 --> 00:20:22.599 uh receiving that and but they will still be they 344 00:20:22.599 --> 00:20:26.920 will still be available to receive nil. And in that case, 345 00:20:26.960 --> 00:20:30.160 I would like to see that the contracts are adhere to, right, Like, 346 00:20:30.240 --> 00:20:35.039 if the player signs for a certain service, there's an 347 00:20:35.119 --> 00:20:37.319 understanding that he, you know, he's got to fulfill that 348 00:20:37.440 --> 00:20:39.880 end of the contract. Well, how about fulfilling. 349 00:20:39.519 --> 00:20:43.039 The end of the con the fulfilling what ni L 350 00:20:43.240 --> 00:20:45.400 was supposed to be in the first place, which was 351 00:20:45.559 --> 00:20:50.440 using your name, image and likeness to market yourself in 352 00:20:50.559 --> 00:20:54.960 order to make money. When the nil world has in 353 00:20:55.000 --> 00:20:58.079 a lot of cases has I'm sure in the NIL 354 00:20:58.119 --> 00:21:01.279 world works in some places too. I'm sure you know 355 00:21:01.440 --> 00:21:04.200 some Michael Pennix did some NIL things and did some 356 00:21:04.240 --> 00:21:06.480 great things in the community. That was that was under 357 00:21:06.480 --> 00:21:08.839 the guise of n I L where he was providing 358 00:21:08.920 --> 00:21:11.960 a service, he was actually doing something to earn his 359 00:21:12.119 --> 00:21:15.000 NIL money outside of just being the quarterback of the 360 00:21:15.079 --> 00:21:18.759 Washington Huskies. But it happened so many, so many places 361 00:21:18.799 --> 00:21:23.039 where you're just getting a paycheck for doing nothing other 362 00:21:23.160 --> 00:21:25.599 than being a star player on a football team. And 363 00:21:25.640 --> 00:21:28.000 how can we how can we turn how can we 364 00:21:28.039 --> 00:21:31.000 turn it back into NI L instead of just getting 365 00:21:31.119 --> 00:21:32.160 paid to play college? 366 00:21:32.279 --> 00:21:32.519 Can't? 367 00:21:32.599 --> 00:21:35.400 It's it's it is literally impossible, And I think that 368 00:21:35.480 --> 00:21:39.920 it was foreseen. The idea that NI E O NIO 369 00:21:39.960 --> 00:21:45.240 would not be used in recruiting is utterly unenforceable from 370 00:21:45.440 --> 00:21:50.000 any pragmatic sense there because if so, let's let's start 371 00:21:50.000 --> 00:21:52.319 with what you said, Okay, let's try and be let's 372 00:21:52.400 --> 00:21:56.640 let's have some maintenance of purity in this that the 373 00:21:56.680 --> 00:21:58.480 only people who are going to get n I L 374 00:21:58.680 --> 00:22:01.400 money are the people that are actually out on the 375 00:22:01.440 --> 00:22:07.519 field and producing. And then because they're producing, their naming, 376 00:22:07.880 --> 00:22:11.279 image and likeness will have value. And then and only 377 00:22:11.319 --> 00:22:17.480 then will they have an NIL deal. Well, if like 378 00:22:17.839 --> 00:22:21.799 right now Ohio State is let's go with twenty five 379 00:22:21.839 --> 00:22:24.240 million that's been reported. I don't know, it may increase, 380 00:22:24.279 --> 00:22:27.039 but let's just say they have and I twenty five 381 00:22:27.079 --> 00:22:32.960 million dollar nil. That is something that the players know. 382 00:22:33.599 --> 00:22:37.200 They know from a recruiting standpoint. They they know how 383 00:22:37.640 --> 00:22:41.759 my son, I got a son in the SEC that's 384 00:22:42.000 --> 00:22:47.599 getting a more NIL than is his his scholarships Titan 385 00:22:48.160 --> 00:22:50.119 and I sat there right across from the desk of 386 00:22:50.160 --> 00:22:53.880 the coach with my son, and so I've been an 387 00:22:53.880 --> 00:22:58.119 eyewitness to how this process works. It's impossible the lines 388 00:22:58.279 --> 00:23:06.519 of recruiting mean beforehand versus compensation afterhand. It's just nothing 389 00:23:06.559 --> 00:23:11.240 that can be enforced. And because you're always going to 390 00:23:11.319 --> 00:23:14.000 be recruiting, and the player, now that we have the 391 00:23:14.160 --> 00:23:17.960 NIL world, you're always you're always gonna have a recruiting 392 00:23:18.039 --> 00:23:21.680 check right, tell me when you disagree. And there's always 393 00:23:21.759 --> 00:23:25.599 going to be a knowledge that the recruits have of 394 00:23:25.680 --> 00:23:35.559 the general budget that the schools have in their collective right. 395 00:23:35.640 --> 00:23:38.640 Like if the Huskies, for example, they got Montague futures, 396 00:23:39.279 --> 00:23:44.000 so the recruits know what's available to them in monke futures. 397 00:23:44.000 --> 00:23:46.240 Maybe not down to the dollar, but they have a 398 00:23:46.279 --> 00:23:52.079 pretty good idea and they can compare that against what 399 00:23:52.319 --> 00:23:53.240 Indiana may have. 400 00:23:54.640 --> 00:23:55.960 Right, So. 401 00:23:57.720 --> 00:24:00.799