Download This PaperA Tough Pill to Swallow: Making the Case for Why Esports Leagues Must Adopt Strict Banned Substance Policies to Prevent Disability Discrimination
Rebecca R. Rosenthal, "A Tough Pill to Swallow: Making the Case for Why Esports Leagues Must Adopt Strict Banned Substance Policies to Prevent Disability Discrimination," 20 Va. Sports & Ent. L.J. 1 (2021).
30 Pages Posted: 28 May 2020 Last revised: 11 Apr 2022
Date Written: April 30, 2020
Abstract
Millions, mansions, and more viewers than the NBA Finals. Electronic sports, or “esports,” are a burgeoning billion-dollar industry. Professional esports mirror other professional sports leagues in fanfare and governance but differ in a problematic way—they lack regulations surrounding substance use. Amphetamines, or “study drugs” like Adderall, are the drug of choice for many esports players. To date, esports leagues only require that players provide proof of a valid prescription to take these medications in competition. In contrast, sports leagues like the NFL and NBA require extensive documentation and medical evaluations before players receive accommodations, known as “therapeutic use exemptions” (TUEs), to take otherwise banned medication.
Due to the lax regulations that esports leagues proffer, non-disabled competitors can easily take drugs such as Adderall to achieve a boost, while disabled players who take the same medication only achieve a baseline state. As such, the playing field is inherently unequal, and esports leagues perpetuate disability discrimination in violation of the Americans with Disabilities Act (ADA). This Article offers concrete recommendations to help esports leagues comply with the ADA. Primarily, esports leagues should adopt stringent banned substance policies that establish a high bar for TUEs. Doing so will help eviscerate the study drug problem in professional esports and allow leagues to better accommodate their disabled players. At the intersection of sports and labor law, this Article illuminates an unexplored equity issue unique to the 21st Century—the exploding world of competitive gaming—giving its recommendations practical value for labor and sports law practitioners, as well as for esports leagues who face increasing legal challenges as drug abuse in esports, and subsequent media coverage of this problem, continue to grow.
Keywords: eSports, Sports, Americans With Disabilities Act, Study Drugs, Adderall, Video-Gaming, Therapeutic Use Exemptions, Disability Discrimination, Professional Gaming, Gamers, Electronic Sports, Competitive Gaming, Sports Law, Entertainment Law, Media, Discrimination, Competition, Labor Law
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