Athlete’s Game Directive; Or, “Thank you, but don’t stop for me. Be strong, play on, and move forever forward.”

On Tuesday of this week, January 3, 2023, I published a short video “The Show Must Go On” regarding the NFL decision to cancel the January 2nd Monday Night Football Game, and my personal opinion that the game should have continued under the circumstances set forth in that context. There are so many stakeholders relying upon the game, and changes to the game changes the dynamics, particularly with critical playoff implications.

Reasonable people can differ on this point.

Irrespectively, it occurred to me that the NFL (and perhaps the players) are in a no-win situation: On the one hand, if the game continues, the NFL and the players appear to be insensitive and disrespectful. On the other hand, to suspend or to cancel the game between two of the best-rated teams in the league, with playoff implications (and particularly a year-end game with a packed stadium of 65,000 and a world online audience), has its own burden on innumerable invested stakeholders in the game; indeed, some concessioners make their entire weekly income depending upon such games, and some people buy tickets costing their entire weekly income to attend such games. This is entertainment and entertainers at the highest level.

The media and NFL appear to be focused primarily on the team comradery and feelings perspective of the decision. And, it has been said that “no player expects to die in a football game,” which is probably a true enough statement; however, the statement is rhetorically presented; to wit:

The expectation is not whether a player expects to die, but whether a player understands that dying is a risk in a sometimes brutal contact sport.

Damar Hamlin appears to be a wonderful person. I share being an alumnus of Central Catholic High School with him and Dan Marino, and I wish him well. But, this question should not be focused upon his condition as a particular, but upon his condition as a catalyst for general systemic improvement.

Lawyers understand no-win situations, because we assess them all the time trying to reconcile competing goals. This context is not the first time that an incapacitated person was unable to provide no-win guidance to a third party decision-maker. It happens all the time. Ask any doctor. To keep a person alive in a vegetative state is burdensome and creates anxiety (knowing miracles do happen), and pulling the proverbial plug can appear callus and insensitive to the miracle-hopeful other family members. This is why we have Health Care Directives (aka “Living Wills”), which are intended to take the no-win decisional burden off of the back of the decision-maker.

Perhaps it is me, but when I was a young man and had the occasion to race motorcycles, I understood that, if I wrecked in the mud, I was traction for the racer behind me. I took that risk, and I have pictures of my crushed motorcycle tank to prove it (when the rider behind me used me and my motorcycle for traction). This is the risk I accepted. It’s part of the game.

As for me, I would not want my injury or death to cause systemic chaos, disruption or social anxiety. I would be forever deeply grateful to the NFL, my teammates and everyone else for such respect, love and support. Yet, I simply would not desire to be the cause of that effect. Again, that is just me, and perhaps there are others who would want it otherwise.

Nevertheless, in a manner no less important than when I advise clients to have Healthcare Directive, it might be a good time for athletes to consider an Athlete’s Game Directive, such as the following, in order to give a basis for the sport and game decision-makers to move forward without feeling guilt or disrespect; to wit:

———–

PDF: http://www.athletesdirective/athletesdirective.docx

I, [Name], athlete and player in the [National Football League], hereby freely and voluntarily state my following desire and directive, after having the ability to seek professional counseling and advice:

In the event of my death, dismemberment, or other injury or condition, which might be the cause for a termination, cancellation, suspension, or other cessation of any game in which I am a player or in which I would otherwise be participating[1], I desire and direct that the game in question be continued in my absence, irrespective of whether my condition was caused in accordance with or in violation of the rules of the game.

The show must go on, and I fondly hope and fervently desire that my condition is not the cause for cessation of the game in the sport to which I and so many other athletes have dedicated our lives, and regarding which so many fans have offered their love and unwavering support.

Thank you, but don’t stop for me.  Be strong, play on, and move forever forward.

Witnesses                            Athlete

__________________         __________________

__________________[2]

Copyright © 2023 Gregg R. Zegarelli, Esq.  This document may be freely replicated, modified and distributed in any form or format.


[1] Optional: (excepting only that period of time during any “time-out” or other period of the game for inspection of my condition on the field in accordance with the gameplay rules)

[2] Notarization optional, if authenticity is a factor

_______________________

The expression set forth in this article are solely the author’s and are not endorsed, condoned or supported by any affiliation of the author.

Copyright © 2023 by Gregg Zegarelli, Esq. Gregg can be contacted through LinkedIn.

PDF: http://www.athletesdirective/athletesdirective.docx

https://www.linkedin.com/pulse/athletes-game-directive-gregg-zegarelli-esq-

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