Former San Francisco 49ers quarterback Colin Kaepernick's collusion case against NFL team owners has been sent to trial after an arbitrator denied a request by the league to dismiss the complaint.
In October last year Kaepernick filed the grievance, claiming that owners conspired to keep him out of the league because of his refusal to stand during the national anthem in protest of racial injustice in the US.
Despite being a starter for the San Francisco 49ers, leading them to the Super Bowl in 2013, the 30-year-old has not been recruited by an NFL team since becoming a free agent at the end of the 2016 season. The fact that teams with a need for a quarterback have passed up the chance to sign Kaepernick left him to question the owners' intentions and blame his political views for being sidelined.
Under the league's Collective Bargaining Agreement, teams and the NFL are forbidden from coming together to deprive a player of employment. The ruling means there is sufficient evidence to allow the case to go to trial.
Kaepernick's lawyer Mark Geragos posted a statement on Twitter from system arbitrator Stephen B Burbank denying the league's request to dismiss the case.
/ Image from twitter @markgeragos
/ Image from twitter @markgeragos
Kaepernick's action to kneel during the anthem evolved into a movement stretching to each American pro league, with many other NFL players also choosing to follow suit in protest. Earlier in August, several NFL players who protested during the anthem before pre-season games were criticized by US President Donald Trump.
Former San Francisco 49ers safety Eric Reid, who knelt beside teammate Kaepernick, also filed a grievance after not receiving an offer from a single franchise since leaving 49ers earlier this year, despite easily being good enough to merit at least a backup quarterback spot on an NFL roster.
In March, Reid said he had no doubt that his lack of interest from the NFL is due to his protest during the national anthem and not as a result of his on-field performances.
"The notion that I can be a great signing for your team for cheap, not because of my skill set but because I've protested systemic oppression, is ludicrous. If you think [it] is, then your mindset is part of the problem too," the player wrote on Twitter.
With the new season on the horizon when reigning Super Bowl champions, the Philadelphia Eagles, play the Atlanta Falcons on Thursday, Sept. 6, the NFL says plans to fine players for anthem protests have been put on hold as it holds discussions with the NFL Players Association.