Liberty, Tsais fined $500k for chartered flights in '21

The W.N.B.A. said charter flights were too expensive. The players said they did not have to be. The W.N.B.A. commissioner said she wanted them more than anyone. The players said that when they asked for them just two years ago, it felt like the answer was “a hard no.”

Now, charter flights for players seem to be closer to a maybe. But that movement has come at a cost — a $500,000 fine for the Liberty, and a bruising of the league’s public image as fans, players and those attuned to drama question whether the W.N.B.A. is doing right by its players.

And the cost for the flights? W.N.B.A. Commissioner Cathy Engelbert said the league had estimated that it would cost more than $20 million for all 12 teams to fly by charter instead of commercial airlines for a full season, not accounting for the recent surge in fuel costs and variables such as routes. She has maintained that the league does not have enough revenue to cover the costs. Teams typically play more than 30 games, with half on the road.

The players’ union said that it did not have a cost estimate, but that a change in travel accommodations was long overdue.

“The league is young, but it’s old enough,” said Terri Jackson, the union’s executive director. “We can figure this out.”

An article in Sports Illustrated on Tuesday revealed that the W.N.B.A. had fined the Liberty $500,000 in the fall for secretly using charter flights to travel to some games during the 2021 season. The collective bargaining agreement with the players’ union allows for premium economy seats, such as Comfort Plus from Delta, but charter flights are not allowed and their provision is considered an unfair competitive advantage. The league confirmed to The New York Times that the Liberty had been fined $500,000 for “multiple violations of league rules,” including taking eight charter flights toward the end of the regular season, sending players on a trip to Napa, Calif., and making unspecified “public comments about items that are collectively bargained.”

The Liberty declined to comment. In October, Joe Tsai, who owns the Liberty with his wife, Clara Wu Tsai, tweeted about charter flights as an issue of “equity for women athletes.”

Engelbert said that she wanted players to have charter flights, but that until that was possible, the collective bargaining agreement had to be enforced and the fine “had to be big enough” to serve as a deterrent. She said Sports Illustrated’s report that the league had suggested a $1 million fine was “inaccurate,” but a spokesman for the magazine said it stood behind its reporting.

The sentiment on social media this week has been largely against the league, including from players who are not on the Liberty.

“We deserve nice things,” guard Lexie Brown, who won a championship with the Chicago Sky last season, posted on Twitter on Wednesday. A week earlier, Brown tweeted “the wnba” in response to a question about what was holding the league back.

“What a joke,” Liberty guard Sabrina Ionescu posted on Twitter with three crying-laughing emojis, in response to a tweet about the Sports Illustrated article.

Josh Hart, who plays for the Portland Trail Blazers of the N.B.A., tweeted “This is trash and @wnba yall got to get better.”
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Part of the blowback came in response to the assertion by Sports Illustrated that in September, team owners did not support an “unofficial proposal” from the Liberty to make charter flights the default. According to the article, “the Liberty said they’d found a way to get it comped for everyone in the league for three years,” but some owners were worried the players would get used to the flights and want them permanently.

But the league was quoted in the article as saying that the Liberty did not make a proposal for the owners to consider, and, in an interview with The Times, Engelbert said a formal proposal “never happened.” She added that if such a proposal were to come, “it would be supported.”

“This is a good thing that we have ownership groups that really care, that are investing and are having really good debates,” she said.
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Whether or not the team owners want charters, the players do. And, in a twist from even five or 10 years ago, they appear to have broad public support as female athletes speak up for themselves and women’s sports get more media attention. For some, the push for charters is about offering accommodations befitting professional athletes — “nice things,” as Brown said. But Jackson said it was mainly about players’ health and safety.

“Their bodies are their craft,” Jackson said. They need time to rest, leg room because they are tall and access to nutritious meals to perform at a high level, she said. All of that is compromised by spending hours in airports traveling commercially, sitting in cramped seats and not having proper snacks, she said.

It was worse just a few years ago, before the 2020 collective bargaining agreement went into effect with an allotment for upgraded seats. Liz Cambage, a four-time All-Star who is listed at 6-foot-8, tweeted last month that she had paid “out of my own pocket” to upgrade her seats. And yet, even now, players can find themselves stuck in coach.

Jackson said teams and the league had blamed overwhelmed staff members struggling to arrange travel and airlines that won’t allow large groups to book upgraded or exit row seats. Bringing the complaints to the league has helped — “Some teams got it together,” Jackson said — but she said the next step would be to file a grievance. The union did not do so last season, but upgraded travel will be a “point of emphasis” this coming season, she said. The league said it was “made aware” of complaints last season and will be auditing teams this season “to assure full compliance.”

How soon players can upgrade to charter flights — without teams incurring fines — is unclear because of the players’ and league’s conflicting views on how to pay for them, and when. Engelbert said the $20 million-plus price tag for full-season charters makes it unlikely that a sponsor will pick up the tab, though the league is open to that and the Liberty and other teams are exploring options.

“I don’t want to do things that jeopardize the financial health of the league,” she said, adding, “We are trying to build revenue and financial models that support better things for the players in the long term, but this is not something that we can afford today.”

Engelbert would not disclose the W.N.B.A.’s revenue or if any teams were profitable, but she said the league was valued at $475 million and at more than $1 billion with the 12 teams included. Last month, the league announced that it had raised $75 million from a group of investors, including Condoleezza Rice and Joe and Clara Wu Tsai. The league had been owned in a 50-50 split with the N.B.A., which founded the W.N.B.A. in 1996. Now the ownership split is 42.1 percent each for the W.N.B.A. and N.B.A. and 15.8 percent for the new investors, who do not have voting rights, as first reported by Sports Illustrated and confirmed by The Times.
W.N.B.A. Commissioner Cathy Engelbert said she hoped the league would be able to have full-season charters eventually, but "that was not something that we can afford today."

In an interview with The Times last month, Engelbert said that the new money would not be used for charter flights but for marketing and upgrading the league’s digital products, such as its website and streaming service. The marketing efforts could generate additional revenue that might then enable the league to pay for flights in the future, she said.

Jackson said even small changes to the flight rules now could have a big impact. When the union was negotiating travel accommodations for its contract, it didn’t start by asking for full-season charters, she said.

“We didn’t go into negotiations to break the bank,” she said. “We care too much about this league. But we want to be supported. The players want to be supported and valued, not taken advantage of.”

In addition to having sponsors cover some, if not all, of the cost of charters, Jackson said the union was open to discussing using charters for back-to-back games and the postseason — which Engelbert has permitted under special circumstances — and setting a maximum number of flights that teams could use per season and letting them decide when and whether to use them.

“There are ways to do this,” Jackson said. “This is not an all-or-nothing.”