RALEIGH, N.C. -- Pittsburgh Steelers running back Rashard Mendenhall is suing
the parent company of the Champion sports apparel maker, calling the decision to
drop his endorsement deal over his tweets about the death of Osama bin Laden and
the Sept. 11 terrorist attacks a breach of contract. Mendenhall's lawyers filed
suit Monday in U.S. District Court in North Carolina, seeking roughly $1 million
in damages from Hanesbrands, Inc., the Winston-Salem-based corporate parent of
Champion. The complaint says Champion's decision to end its endorsement deal
with Mendenhall in May, days after he questioned the public celebration of
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two parties signed in 2010, worth more than $1 million. Mendenhall first signed
a deal to endorse Champion products when he entered the league in 2008. "For
Rashard, this really is not about the money. This is about whether he can
express his opinion," said Steven Thompson, a Chicago-based attorney
representing Mendenhall. A spokesman for Hanesbrands did not return a call
seeking comment by early Tuesday afternoon. But legal experts said Mendenhall
might have a difficult time proving his case. "An athlete contracts away his
free speech
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associate dean at Willamette University College
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the athlete's name and image, and their name and image are related to public
behavior and opinions." Shortly after bin Laden was killed by a team of Navy
SEALs, Mendenhall tweeted, in response to scenes of euphoria around the U.S.,
"What kind of person celebrates death? It's amazing how people can HATE a man
they have never even heard speak. We've only heard one side..." He also tweeted
on the Sept. 11 attacks: "We'll never know what really happened. I just have a
hard time
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demolition style." The comments prompted significant anger, leading to a
clarification by Mendenhall and a separate statement by Steelers team president
Art Rooney II distancing the organization from Mendenhall's remarks. But his
number of Twitter followers nearly doubled to
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needs Hanesbrands' decision to drop the Steelers star was likely a "kneejerk
reaction" made within 48 hours of the tweets, Thompson said. The swiftness of
that move contrasts with Champion's silence regarding
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"Anyone with knowledge of the slave trade and the NFL could say that these two
parallel
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he tweeted that women who decline to perform oral sex on a partner should be
aware that
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to May 2011 suggested that it disagreed
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in any way inconsistent with the values of the Champion brand," the lawsuit
says. That might not matter, according to Michael McCann, director of
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Clay Matthews Jersey Law Institute at the Vermont Law School. "The company's
concern, I would imagine, is not really the content of what he's saying, but the
public reaction to what he's saying," McCann said. Most athlete endorsers
have contracts that include deliberately vague language concerning off-the-field
behavior that companies can use in situations exactly like these, McCann said.
Such
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Mendenhall's representatives, written by Lynette Fuller-Andrews, a lawyer for
Hanesbrands. The running back's contract included provisions barring Mendenhall
from actions that would bring him "into public
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majority of the consuming public," along with other terms, Fuller-Andrews wrote.
"It's going to be tough
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of leeway," McCann said. "Once you sign off on very generic, all-inclusive
phraseology, it's very hard to get out
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an athlete's behavior makes the wrong kind of headlines. Philadelphia Eagles
quarterback Michael Vick lost endorsement deals after revelations
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Tiger Woods was dropped by some of his sponsors following the disintegration of
his marriage over accusations of serial infidelity. But the ease with which
athletes
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likely mean endorsement deals in the future will be different, said Porcher
Taylor, a professor in
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Richmond. "Every celebrity endorsement contract of
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Taylor wrote
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failure to not have such a clause would be tantamount to endorsement contract
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Associated Press