Browns signing of QB Watson highlights NFL’s moral dilemma

BY J.A. SCHWARTZ

Even though the narrative around Deshaun Watson in the context of a possible trade has focused on how women would react to his acquisition, why should men feel differently about his alleged behavior? Each of the franchises in the league has female fans. Most NFL owners, coaches, executives and players have wives or girlfriends. Many have daughters or even granddaughters. There are female executives, coaches and even owners among the 32 teams. It would be ludicrous to suggest that only those who identify as female would be potentially triggered or offended by Watson’s actions. Anyone who has ever had a treatment provided by a professional massage therapist is fully aware of how Watson’s alleged advances would be unwelcome in such settings, and would have to at least empathize with the plight of the workers subjected to Watson’s behavior, if not express outright disgust at the brazen requests allegedly made by the quarterback.

The men (and women) who were in a position to make a decision about pursuing a trade were fully aware of the allegations against Watson, and the sordid nature of the behavior he was accused of in context of those massage therapy interactions. In April of 2021, Watson acknowledged that sexual activity had occurred during massage therapy sessions, but that it was consensual. His lawyer, Rusty Hardin, admitted as much during a press conference, saying “The question that we have always been emphasizing, never at any time under any circumstances … did this young man ever engage in anything that was not mutually desired by the other party.”

The decision makers for teams in the NFL had to have imagined the reaction to a trade for Watson among their fan base, much less in their own offices and homes.

In spite of that knowledge, nearly a quarter of the league was willing to trade for Watson from the Texans.

Because Watson had negotiated the inclusion of a no-trade clause as part of his contract extension, he essentially had veto power over any trade Houston might attempt to transact. The interested teams were left in the unenviable and perhaps unsavory position of attempting to convince Watson that their organization was worthy of his services. Carolina, New Orleans, Cleveland and Atlanta each hosted Watson on what amounted to bizarre recruiting trips selling the quarterback on the merits of life in their city or community, fervently hoping he’d choose to play for them. Each team had no compunction about their decision to be all-in to acquire Watson, knowing that if he would agree to join their team, the minor quibbles of the franchise altering assets required to complete a trade and the daunting need for a potential contract extension were mere formalities in their quest. It was all about getting Watson to want to play on their side.

The Cleveland Browns would eventually “win” the Watson sweepstakes, trading their first round picks from 2022, 2023 and 2024 as well as a 2023 third round pick and a 2024 fourth rounder for Watson and a fifth round selection from the Texans in the 2024 draft. Immediately upon his acquisition, the Browns announced that they had signed Watson to a five-year, $230 million contract, every dime of which is fully guaranteed. That amount is the most ever in NFL history to be fully guaranteed.

Upon the completion of the trade, Las Vegas sports books improved the Browns odds of winning the Super Bowl from 40-1 to 20-1.

The import of a single, incredibly talented player at the most important position on the field certainly moved the needle according to those charged with assessing the relative strength of NFL rosters prior to the season. From that perspective, the Browns, led by Head Coach Kevin Stefanski, General Manager Andrew Berry, and owners Dee and Jimmy Haslem, accomplished what they sought out to do: Position the Cleveland Browns to be a Super Bowl contender for the next five seasons.

Each of those franchise leaders were involved in the vetting, recruiting and ultimate acquisition of Watson. Berry and Haslem hammered out the unprecedented contract, and locked the Browns immediate future to Watson’s ability on the field. Wanting to appear sensitive to the possible reaction of their rabid fan base to the trade, the team released the following statement:

Dee and Jimmy Haslem: “We spent a tremendous amount of time exploring and investigating the opportunity to trade for Deshaun Watson. We are acutely aware and empathetic to the highly personal sentiments expressed about this decision. Our team’s comprehensive evaluation process was of utmost importance due to the sensitive nature of his situation and the complex factors involved. We also understand there are still some legal proceedings that are ongoing and we will respect due process. It was pivotal that we, along with Andrew Berry and Kevin Stefanski, meet with Deshaun to have a straightforward dialogue, discuss our priorities, and hear directly from him on how he wants to approach his career on and off the field. He was humble, sincere, and candid. In our conversations, Deshaun detailed his commitment to leading our team; he understands and embraces the hard work needed to build his name both in the community and on the field. Those in-depth conversations, the extensive evaluation process, his dedication to being a great teammate and devotion to helping others within the NFL, within the community, and through his charitable initiatives provided the foundation for us to pursue Deshaun. We are confident in Deshaun and excited about moving forward with him as our quarterback and supporting his genuine and determined efforts.”

On June 14, 2021, during Browns minicamp, the gathered media asked Watson about settling the cases against him.

On if he is open to settling the civil cases now and what would it take to do so:

“Like I said, I just want to clear my name and be able to let the facts and the legal procedures continue to play out. Right now, all I am doing is wanting to clear my name and be able to let all of the facts come out in the court of law and be able to focus on that.”

On June 21, 2022, Deshaun Watson and his legal team announced that they had settled 20 of the 24 civil cases against him. Details of the settlements were not disclosed. It would be difficult to speculate as to the public sentiment in reaction to such a development, but positing that Watson had “cleared his name” by settling these civil cases would be laughably inaccurate. He had merely (and perhaps at the urging of his legal team) chosen to leverage his substantial financial wherewithal to attempt to distance himself from the off-field distractions that had certainly begun to overshadow the efforts of his teammates to prepare for the upcoming season.

As of July 1st the NFL and the NFL Players Association had concluded their review of the situation surrounding Watson. Regardless of his legal position, or whether or not there are civil cases pending against him, the NFL can impose disciplinary sanctions against Watson, up to and including a suspension without pay. The NFLPA legal team was expected to oppose any suspension recommended by Judge Sue L. Robinson, but that negotiators with the league and the NFLPA could agree on a settlement prior to Robinson’s decision, which is due in mid-July. The NFLPA has apparently argued that investigations into the inappropriate sexual actions of team owners Jerry Jones (Dallas), Robert Kraft (New England) and Daniel Snyder (Washington) did not result in suspensions, and that affixing a suspension to Watson’s case would be unprecedented, and thus legally untenable. For its part, the NFL disclosed no evidence of violence, threat or coercion by Watson in the five cases they brought before Judge Robinson for consideration in the process.

No matter what the Judge rules, or how onerous the penalties against Watson might end up being, the women aggrieved while performing their professional duties will still live with the trauma and pain they suffered. Their lives have been irrevocably changed, and no matter what punishment Watson might face, it will pale in comparison to the damage they will need to overcome to return to their chosen profession.

There are many aspects to this story. There is the legal aspect, which affixes blame when laws have been broken-and in this case, it would appear that Watson has not been found guilty in that sense. There is the civil aspect, which attempts to assign responsibility for behavior that led to harm, whether illegal or not. Twenty of the twenty-four cases that met this standard have been settled, likely with a financial consideration. Then there is the moral aspect. Only Deshaun Watson and his accusers know for certain what happened behind closed doors during his massage appointments.

The women involved feel that Watson behaved immorally (at least), but Watson disagrees. The leaders of the teams who performed their due diligence in their pursuit of Watson’s services must have concluded that Watson’s actions did not rise to a level of immorality that would deter them from acquiring him. The Cleveland Browns organization and leaders, who did end up trading for, and ultimately signing Watson to a contract extension, will be on record as the team who welcomed him to their franchise. By default, they felt least bothered by the allegations against Watson. It could also be argued (and their public statements would suggest that this is the case), that they felt so strongly about the inherent character of the man that they weighted his potential to rehabilitate his reputation more heavily than the admittedly heinous acts he was accused of.

The Browns franchise has literally bet its soul that Deshaun Watson will be such a tireless crusader for philanthropic activity in the community of Cleveland and in the state of Ohio that its populace will forgive Watson his youthful transgressions and be proud to root for his success on the field. His early career efforts to attempt to be a leader of men at Clemson and with the Houston Texans suggest it is not folly to imagine he’ll attempt to follow through on those promises he made to Warrick Dunn (whose charitable program helped Watson’s family afford a home of their own) when he was a teenager, saying he would “pay it forward. The many people that Watson has influenced for the better through his charitable programs and his foundation will be watching.

There will be a faction of Cleveland Browns fans who will not be watching.

Many of those fans stood proudly by their team when the Browns signed two of the first four African-American players in the history of professional football: Marion Motley and Bill Willis, both of whom would be enshrined in the Pro Football Hall of Fame. The team has steadfastly refused to employ cheerleaders, feeling that the practice is an overt exploitation of women. There are 363 Browns Backers clubs in the world, including those in 14 other countries. They live and die with the performance of their beloved Browns, and share their passion with like-minded people.

There are those among the fervent supporters of the team who will decide that they can’t justify investing themselves in the performance of a player like Watson, nor do they want to continue to follow a team led by individuals who would go to such significant lengths to employ a player who has allegedly engaged in the type of behavior he’s associated with. They will suffer a level of dissonance, wrangling with their passion for the team, while being disgusted with the actions of the individuals (both Watson and the executives who signed off on his acquisition) charged with being its public face. They’ll consider the reaction of their sons and daughters, friends and neighbors, and perhaps co-workers, some of whom will have been directly or indirectly impacted by the kind of unwelcome sexual behavior alleged to have been practiced by the quarterback. They will switch off their TVs, radios or phones, and refuse to give their attention, money or time to a franchise that chooses to value on-field performance over the character of a player, or the values of its fan base and foundational club history.

Will the Cleveland Browns profit by having Deshaun Watson represent them?

Are there other franchises and executives in positions of leadership in the league that would be eager to snatch up Watson were he suddenly available?

Will the leadership of the Browns feel like they have acted in a moral way, and in a fashion that best represents the franchise and the city, regardless of the success or failure of Watson on the field?

Will you watch and root for Deshaun Watson?

About J.A. Schwartz

J.A. Schwartz is a reporter and columnist for the Martinez Tribune. He's also a licensed professional in the health care field when he's not opining on the world of sports and culture for the benefit of our readers.

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