I’m not
a lawyer, and I’ve never played one on TV, but along the way I’ve picked up
some lawyer lingo, and one such phrase seems apt to describe a couple of
current sports issues. It’s res ipsa loquitur, which is Latin for “the
thing speaks for itself.”
What
that means is that, sometimes, the evidence supporting something is so obvious
that no further proof of cause is necessary; for example, if an air-conditioner
falls from a window and beans someone below, the fact itself proves negligence or
bad intent on someone’s part. Ditto if a surgeon leaves a sponge in a patient.
The conclusion that’s obvious
from any skim of the facts is that the National Football League has a dismal
record when it comes to hiring black coaches. In a league in which about two
thirds of the players are black, its 32 teams had exactly one black head coach—the
Pittsburgh Steelers’ Mike Tomlin-- in the weeks leading up to Sunday’s Super
Bowl. A couple of recent hires—Lovie Smith by the Houston Texans and Michael
McDaniel by the Miami Dolphins—increased that total to three (or to two and a
half depending on how you’re counting, because McDaniel is biracial), but a deep
deficit remains. That’s despite the pious rhetoric the league churns out over
its minority-hiring policies.
The suit was especially notable because Flores filed it while still in the job market; not surprisingly, he remains unemployed. It stood out further for his assertion that during his first season with the Dolphins Stephen Ross, the team’s owner, offered him a $100,000 bonus for every game the team lost, with the aim of securing a better position in the NFL’s worst-is-first annual draft. That NFL (and other leagues’) teams sometimes “tank”—intentionally lose—is another res ipsa loquitur proposition, but the bribery angle was novel.
Flores’s charge of money for losses has been loudly denied by owner Ross, but the fact of tanking in sports is as beyond dispute as a surgeon’s misplaced sponge. It can be a tricky matter, because athletes are loath to take the field to lose, so teams get around that by stripping their rosters of saleable (i.e., competent) players and letting nature take its course. In baseball, the Washington Nationals’ management team of Stan Kasten and Mike Rizzo called that practice “The Plan” when they dumped the 2008, ’09 and ’10 seasons to man up for a later string of playoffs finishes and the 2019 World Series title. Theo Epstein repeated it in Chicago enroute to the Cubs’ drought-ending 2016 triumph. The Cincinnati Bengals dragged in at 2-14 in 2019, picked Joe Burrow No. 1 in the next draft, and wound up in the Super Bowl this season.
The race to the bottom became so obvious in the NBA that in 1985 the league introduced a draft-lottery system that makes it chancy for terrible teams to get plum draft choices; the latest of many versions makes the 14 teams that fail to make the playoffs eligible for one of the top-four picks. Establishing such a system in baseball is a topic in current labor-contract talks. In sports, the “what” often is nose-on-your-face apparent, but fixing it takes more doing than you might think.