Hebert Loses Case Against NFL Free-Agent System

An unusual challenge to the NFL’s free-agent system was shot down Friday in Los Angeles Superior Court when a judge ruled against Bobby Hebert, the New Orleans Saint quarterback who is seeking to play for the Raiders this season.

Hebert, who moved to Los Angeles from Louisiana last month, sued the NFL and the Raiders in an attempt to negotiate a contract with the Los Angeles team. The ruling leaves Hebert with little chance of playing this season.

The suit contends that the NFL’s free-agent system violates the California Constitution by preventing Hebert from exercising his right of obtaining gainful employment with the team of his choice. He claims that the Raiders, who have a 6-1 record, wanted to sign him but were forced to abide by NFL guidelines.

Hebert is the property of the Saints, but New Orleans General Manager Jim Finks has said the quarterback will not play for them this season.

Judge John Zebrowski ruled that the legality of the free-agent system for protected players such as Hebert should be settled in federal court. Zebrowski said the NFL is governed by U.S. interstate commerce laws, and state laws do not apply because they would affect the uniformity of league operations.

“If I make a ruling that the Raiders can recruit Mr. Hebert, regardless of NFL law, then why can’t the (Pittsburgh) Steelers do likewise?” the judge asked Hebert’s attorney, Louis Meisinger.

Under the NFL’s Plan B arrangement, there is a two-month period--Feb. 1 to April 1--during which a protected free agent can try to negotiate with other teams.

Free agency provides for a right of first refusal as well as draft-choice compensation if a club loses a player. It is being challenged in federal court in Minnesota on the basis of antitrust laws.

When the two-month period ended last April, Hebert’s only hope of signing with another team was by being traded. Meisinger said the Raiders offered to trade running back Marcus Allen for Hebert, but the Saints rejected the deal. He also said the Saints turned down a trade that would have included the Raiders’ No. 1 draft choice in 1991.

Meisinger said after the trial that he would meet with Hebert to determine whether to appeal Friday’s decision.