Blazers threaten lawsuit
Union grieves e-mail about signing Miles
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Despite the Portland Trail Blazers' litigation threats against NBA teams interested in signing free agent forward Darius Miles, the league and players' union sent out memos in his defense yesterday. The Players' Association also has filed a grievance against the Blazers.
Miles only has to play in two more games to put the Blazers on the hook for $18 million in salary cap money they previously didn't have to pay after buying him out of his contract following a knee injury that sidelined him for two seasons. They'd also enter luxury tax territory. Portland sent out an e-mail to the 29 other NBA teams threatening to sue if a team attempted to sign Miles in order to damage the Blazers financially. It remains to be seen what action will be taken after the Grizzlies re-signed Miles to a 10-day contract last night, according to the Memphis Commercial Appeal.
In an e-mail sent league-wide, the NBA stated: "This is to inform you that Darius Miles has cleared waivers as of 10 a.m., EST, Friday, Jan. 9, 2009. He is now a free agent. The NBA has received the e-mail sent last night by Portland to all teams. Under league rules, teams are free to sign Darius Miles to a Uniform Player Contract if they wish to secure his services as a player, and any such contract would be approved by the NBA."
Through a statement, NBAPA executive director Billy Hunter expressed his disappointment in Portland's threat and added that the union is filing a grievance.
"We are shocked at the brazen attempt by the Portland Trail Blazers to try to prevent Darius Miles from continuing his NBA career," said Hunter. "Their attempt to intimidate the other 29 NBA teams by threatening frivolous litigation merely for signing this capable NBA veteran is a clear violation of the anti-collusion and other provisions of our Collective Bargaining Agreement."
The Globe reported that the Trail Blazers were bad-mouthing Miles in hopes of keeping other teams from signing him after he was cut during training camp after playing six games for the Celtics. Portland would have to pay up if he plays 10 games.
Miles played two games with Memphis before being waived.
"The Portland Trail Blazers are aware that certain teams may be contemplating signing Darius Miles to a contract for the purpose of adversely impacting the Portland Trail Blazers' salary cap and tax positions," Blazers president Larry Miller wrote in the e-mail. "Such conduct by a team would violate its fiduciary duty as an NBA joint venture. In addition, persons or entities involved in such conduct may be individually liable to the Portland Trail Blazers for tortiously interfering with the Portland Trail Blazers' contract rights and prospective economic opportunities.
"Please be aware that if a team engages in such conduct, the Portland Trail Blazers will take all necessary steps to safeguard its rights, including, without limitation, litigation."
Celtics forward Paul Pierce, one of the team's union representatives, was unhappy with the Blazers' actions.
"It's unfair," Pierce said. "Didn't they say he could never play again?"
Said coach Doc Rivers, "I just hope it works out [for Miles]."
In a conference call, Miller defended his aggressive action.
"Our purpose here was not in any way to keep Darius from being able to play," Miller said. "If he can come back and help a team to win and play at a level on the court that helps the team, we have no problem with that at all."
The announcement by Turner Sports came hours after police said the 45-year-old former NBA star was legally drunk when they arrested him Dec. 31 on suspicion of drunken driving in Scottsdale, Ariz.
Test results show Barkley had a blood-alcohol level of .149, nearly twice the legal limit of .08 in Arizona.
Barkley will be off the air for a minimum of several weeks and no return date has been set.
Material from the Associated Press was used in this report.
