A U.S. District Court judge in Texas on Monday denied the NFL’s request for an emergency stay of the injunction he issued earlier this month that allowed Dallas Cowboys running back Ezekiel Elliott to play in the team’s home opener against the New York Giants.
Elliott’s six-game suspension for an alleged domestic violence incident was placed on hold following the injunction.
Judge Amos Mazzant III’s decision now means 22-year-old Elliott’s case will advance to the 5th U.S. Circuit Court of Appeals in New Orleans, where the NFL has already filed an appeal in the case. The league has requested an emergency order in the case as early as Tuesday.
Elliott — the Cowboys’ second-year running back who set the NFL record for rushing yards last season — was suspended on Aug. 11 following a yearlong investigation that resulted in the league discovering that Elliott had several physical confrontations in the summer of 2016 in Ohio with his then-girlfriend Tiffany Thompson. The NFL Players’ Association appealed Elliott’s ban on Aug. 15.
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Arbitrator Harold Henderson denied Elliott’s appeal of the suspension on Sept. 5, although the running back was allowed to play against the Giants on Sept. 10 because of the timing of the decision.
On Saturday, the NFLPA responded to the league’s efforts to block the injunction by saying there would be no irreparable harm to the NFL if Elliott was allowed to continue to play while his case was adjudicated.
The NFL, meanwhile, argues Mazzant’s ruling interferes with a legally-binding labor deal that has been approved by the league and the NFLPA. This is the same argument the NFL used in ultimately successful appeals against Tom Brady for Deflate-gate and Adrian Peterson after the then-Minnesota Vikings running back pleaded no contest to misdemeanor reckless assault.
Mazzant’s review of Elliott’s case could take months, meaning the Cowboys running back almost certainly will play the entire 2017 season unless a stay is issued by the higher court.
Elliott was never charged with domestic violence and has denied any wrongdoing.
ARLINGTON, TX – DECEMBER 26: Ezekiel Elliott #21 of the Dallas Cowboys runs for a touchdown against the Detroit Lions during the first half at AT&T Stadium on December 26, 2016 in Arlington, Texas. (Photo by Tom Pennington/Getty Images)
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