NEW YORK (AP) – The NBA players’ union filed an appeal Tuesday on behalf of Indiana Pacers Ron Artest, Stephen Jackson and Jermaine O’Neal, who were suspended for their roles in a brawl with Detroit Pistons fans last week.
The union asked that an arbitrator decide whether there should be reductions in the suspensions handed out Sunday: Artest was banned for the season, Jackson for 30 games and O’Neal for 25.
Union director Billy Hunter has called the penalties excessive, saying a suspension of about 35 games would have been more appropriate for Artest.
Commissioner David Stern, who issued the suspensions, has sole discretion under collective bargaining rules over penalties for on-court behavior, and all appeals go through him, too.
The union, however, asked in its one-page appeal that the case go to arbitrator Roger Kaplan.
“The action taken by the commissioner sets a new high-water mark in terms of the kind of discipline he feels he can impose,” Hunter said in a telephone interview. “I think he has exceeded his authority and should be subject to review and challenge.
Stern would normally have 20 days to rule on an appeal of an on-court discipline matter, and it was unclear whether the union’s appeal strategy would put this case under that timetable. An NBA spokesman said the appeal was received but that the league would have no other immediate comment.
“I think David Stern is trying his best to preserve the integrity of the game and his industry, but due process must be honored, and all the mitigating factors must be included on a final decision,” said Jesse Jackson, who said he spoke with Stern by telephone on Monday.
In other developments:
• Two fans sued the Pacers and Artest, Jackson and O’Neal, contending they were injured in the fracas at the end of Friday night’s game at Detroit. John Ackerman, 67, says he was hit by O’Neal and then knocked unconscious by a thrown chair. William Paulson, 26, says Artest and Jackson assaulted him.
• Police released a videotape and asked the public’s help in identifying a man who investigators believe hurled the chair into the crowd during the brawl. Oakland County prosecutor David Gorcyca has said the only possible felony charge in the brawl could be against the chair-thrower. He said other charges most likely would be for misdemeanor assault and battery.
The players’ union was contemplating taking its case to federal court. A similar strategy failed in 1997 when the union contested the suspensions handed out to four members of the New York Knicks for leaving the bench during a fight in a playoff game against the Miami Heat.
In that case, U.S. District Judge Jed S. Rakoff cited article XXXI, section 8 of the league’s collective bargaining agreement establishing the commissioner as the complete and final authority on discipline for what happens on the court.
In 1998, the union successfully appealed the one-year suspension Stern gave to Latrell Sprewell, then with the Golden State Warriors, for attacking coach P.J. Carlesimo at practice. It was reduced by an arbitrator to 68 games.
The difference between Sprewell’s case and the current one is that Sprewell’s attack on Carlesimo happened at practice, so it was not considered on-court behavior and was subject to the arbitration provisions of the collective bargaining agreement.
The Detroit fan who authorities say threw the cup that hit Artest described the player as a “thug.” John Green, a 39-year-old contractor, made the comments during an appearance on ABC’s “Good Morning America.”
The union’s appeal also contests the brawl-related suspensions of Ben Wallace (six games) Anthony Johnson (five games), Reggie Miller, Chauncey Billups, Elden Campbell and Derrick Coleman (one game).
each).
The four players who received one-game suspensions were penalized for leaving the bench area during the initial confrontation between Artest and Wallace.
“In their cases, there was such peandemonium it was only a natural reaction. Some of them were moving out of fear,” Hunter said. “We want to review them all.”
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