Is there a magic loophole that will allow Kyrie Irving to play in home games for the Brooklyn Nets?
Though one is theoretically possible, it doesn’t appear realistic at the moment.
Stefan Bondy of the Daily News suggested in a column that the Nets could pay a series of small fines to New York City to allow the unvaccinated West Orange native and former St. Patrick High School star to play at Barclays Center in violation of New York City vaccine mandates.
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The fines break down like this, per Bill de Blasio’s executive order:
First offense: Warning.
Second offense: $1,000 fine.
Third offense: $2,000 fine.
Fourth offense: $5,000 fine.
Fifth offense to infinity offenses: $5,000 fine.
For Nets owner Joe Tsai, that amounts to the loose change you have in your car right now. The Taiwanese businessman was a co-founder of the Chinese technology company Alibaba and is worth a reported $8.8 billion. He could pay the fines without a problem, allowing Irving to suit up for home games in addition to road games.
Irving is currently playing in road games only after the Nets reversed course on their earlier decision to ban him until he either gets vaccinated or New York City mandates change. After Tuesday’s 138-112 blowout win of the Chicago Bulls in which Irving had nine points, four rebounds and three assists in 25 minutes, the Nets are now 2-1 in games Irving plays this season.
Still, this scenario doesn’t seem realistic for several reasons.
First, the NBA in September recognized the supremacy of local vaccine mandates, as NetsDaily.com reported.
Here’s the league’s original memo from September:
“Pursuant to the local orders set forth above, if a player is on an impacted team, unvaccinated, and does not have an approved bona fide medical or religious exemption (the determination of which will be made by the league office), he will not be allowed to enter their home arenas or practice facilities in these jurisdictions or participate in any games, practices, or other team activities conducted there. The failure by any player to provide services called for under his Player Contract as a result of his inability to comply with local law may subject him to a reduction of his Compensation by the NBA or his team, and may also subject him to a fine, suspension, and/or other appropriate action.”
Second, although the Nets have already reversed their stance by allowing Irving to play part-time, Tsai and the Nets organization have taken a strong pro-vaccine stance and allowing Irving to completely fly in the face of New York’s vaccine mandates -- and new Mayor Eric Adams -- seems like a bridge too far.
“I’m a total believer ... in the fact that vaccines actually protects you from getting sick, getting real sick,” Tsai told the New York Post in September. “Now the other thing is, I also believe that taking the vaccine is also a social good. It’s just part of social responsibility, because you’re not only protecting yourself, but you’re protecting other people.”
He added: “That’s my personal view, so that’s why we’re supporting vaccinations at Barclay Center. We advocate for getting vaccinated, because it truly will save lives, and it will truly protect other people. Don’t underestimate the social responsibility part of it. It’s not just about yourself, it’s about protecting the people around you. So that’s kind of my view of the vaccine.”
Following the Bulls game, Irving was not asked about potentially playing in home games, but he said last week he was taking it “one day at a time” when asked if he was reconsidering getting vaccinated.
Kevin Durant, Irving’s teammate and friend, also said he wasn’t pushing Irving to get vaccinated and would allow him to make his own decisions on the matter. “Whenever he’s ready, he’ll be ready,” Durant said.
Meantime, ESPN NBA insider Adrian Wojnarowski reported “there is real optimism within that organization” that Irving will be able to play once the NBA playoffs begin this spring. As things stand now, he couldn’t play in a potential Game 7 of a playoff series at Barclays Center.
As for the Nets paying the fine, he reported “The Nets aren’t willing to go there now. They have an owner in Joe Tsai who’s been very vocal about the need for people to get vaccinated and the idea right now of having an unvaccinated player and paying a fine for it every night, there’s not a stomach for it right now.”
Adam Zagoria is a freelance reporter who covers Seton Hall and NJ college basketball for NJ Advance Media.
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