Kaepernick, who led the San Francisco 49ers to a Super Bowl appearance and NFC championship game in consecutive seasons, argues that owners have colluded to keep him off any NFL roster since he hit free agency in 2017.
Burbank’s decision means there was sufficient evidence of collusion to keep Kaepernick’s drive going.
Now some owners, coaches and team executives will be called to testify during the season, a situation the league hoped to avoid.
READ MORE: Dallas Cowboys’ Dak Prescott calls national anthem protests inappropriate
Kaepernick began a wave of protests by NFL players two seasons ago, kneeling during the national anthem to protest police brutality and racial inequality. The protests have grown into one of the most polarizing issues in sports, with President Donald Trump loudly urging the league to suspend or fire players who demonstrate during the anthem.
Kaepernick contends the owners violated their collective bargaining agreement with players by conspiring to keep him off teams.
The case hinges on whether owners worked together rather than decided individually to not sign Kaepernick.
A similar grievance is still pending by unsigned safety Eric Reid, who played with Kaepernick in San Francisco and joined in the protests.
READ MORE: Sports celebs cheer Beto O’Rourke’s dialogue on NFL kneeling controversy
https://twitter.com/shaunking/status/1035277735990571009
Meanwhile, the league and players union still haven’t resolved whether players will be punished this season if they choose to kneel or demonstrate during the national anthem.
Owners approved a policy requiring players to stand if they are on the sideline during the national anthem, allowing them to stay off the field if they wish.
But the league and union put that on hold after the Miami Dolphins faced backlash for classifying the protests as conduct potentially detrimental to the team — putting players at risk of fines or suspensions.
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