Many have hailed Brian Flores as courageous for suing the NFL, lauding him for calling out Dolphins owner Stephen Ross and others who have either mistreated or afforded minority candidates fewer opportunities than their white counterparts. Flores has acknowledged the possibility of being blackballed much the way Colin Kaepernick was after kneeling for the national anthem in 2016, but doesn’t regret his decision, calling his fight for equality “bigger than coaching.”
Flores has already succeeded in bringing attention to a worthy cause while shaming the league for its abhorrent lack of diversity, even prompting a memo from commissioner Roger Goodell, who promised to “reevaluate” the league’s hiring process in hopes of building a “stronger, more inclusive league.” However, legal experts, including civil rights lawyer Carl E. Douglas—best known for defending O.J. Simpson in his 1995 murder trial—think Flores would have been wise to weigh his options before sacrificing his career on what he believes to be a flimsy case.
“I love Brian Flores and I wish his ass would have called me first,” Douglas lamented Friday during his appearance on The Dan Le Batard Show with Stugotz. “I’m really taken aback by it and disappointed on various levels.”
Douglas said Flores’ first mistake was filing the lawsuit on the first day of Black History Month, which he perceived as a hollow “publicity stunt.” His second was hiring white lawyers to represent him. “You only get a couple shots in the world of public litigation,” said Douglas. “I love this articulate, strong black man standing for justice, but the optics of he and his two Anglo-Saxon lawyers don’t resonate with me. How much more powerful would the words be if there was a black face that is there to help sound the alarm?”
Many of the anecdotes found in Flores’ complaint, though plenty embarrassing for the league, don’t necessarily prove racism. The burden of proof is admittedly lower in civil court, though Douglas still thinks Flores and his legal team face an uphill battle. “Everybody knows the Rooney Rule doesn’t work. But what are you going to do, man? How are you going to tell rich billionaires who to hire in a private business setting?” asked Douglas. “Part of me fears that his lawyers were simply doing their best to get all the media wind while the iron was hot, knowing full well when it got to the substance that it didn’t look strong for Brian Flores.”
While Douglas admires Flores for speaking truth to power, he worries antagonizing the NFL was the wrong move. “You spent your life for this game, so take a breath. You are intentionally trying to invade the white man’s space, so don’t trip on it,” advised Douglas. “If you want to join the club, embrace it. Put on a suit, put on a tie. Be on time. That’s the nature of the club and then, once you get inside, you can change [things].”
With his explosive allegations, Flores has created quite the spectacle. However, Douglas feels that may be counterintuitive to what he’s trying to accomplish. “Non-lawyers always think that big institutions will crumble to their knees at the mere exposure of their misdeeds. Hell, we elected a f---ing president who was talking about ‘grabbing p----' and that didn’t bother us,” expressed Douglas. “I am very hesitant and cautious when I play the race card.”
When you’re as overarching and powerful as the NFL, bad PR comes with the territory. To that end, Douglas thinks the league is much better equipped to handle a controversy of this magnitude than Flores, who Douglas fears may have thrown his career away in a blaze of glory. “Believe it or not, I spend more of my time trying to talk people out of suing than persuading them to sue,” said Douglas. “I know these old white men with their country club mentality say all kinds of s--- that would get them sued. Just ask Jon Gruden and the audacity he had to be texting and emailing all of the despicable comments for months, if not years. So the decision, simply to put Stephen Ross on blast knowing it was wrong will regrettably, I fear, cause other owners not only to pause but be very wary [of Flores] in the future.”
Douglas’ concerns are warranted, though Flores insists he “understood the risk,” wanting to be on the right side of history, regardless of the lawsuit’s outcome. Whether that act of defiance leads to real, lasting change remains to be seen.
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