CowboyoWales
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If its just common boilerplate language from the CBA, why does Denver not have it in theirs?
Care to explain that?
Some people think these contracts are devised on the back of a packet.
No point having a restriction if it cant be monitored and policed. Due to Colorado's laws there's a ready made defense for failing a test that can be induced passively....hence no point in having a restriction that would be difficult and contentious to enforce. If Denver wanted to enforce it they would be open to a civil suit which there's a good chance (due to the passivity defense and infringement on rights and restriction of movement) they'd lose....
What's the point in having a contractual clause that's unenforceable and opposes state law....hence Denver's lawyers probably forgo the clause as being extremely difficult to enforce (in Colorado).
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