Tony Romo, Due Process, and the NFL’s Hypocrisy on Drinking
by Mark M. Bello
Every year, thousands of innocent people are injured or killed by impaired drivers. In most cases, those drivers are charged with a crime and often face stiff penalties if convicted by a judge or jury.
Recently, former NFL broadcaster and current CBS-NFL television football analyst Tony Romo was arrested for allegedly drinking and driving. If there was probable cause to pull over and arrest Romo, he should face charges in court just like anyone else.
Please pay attention to my last statement. He should face charges in court.
Not on cable television.
Not on social media.
Not in the court of public opinion.
Like millions of Americans, I watched a now-familiar ritual unfold on television. Police body-camera footage. Field sobriety tests. Endless commentary. Before Tony Romo ever faces a judge, a huge segment of our population has declared him guilty.
That type of pre-trial publicity has always troubled me.
An arrest is an event that proves only that the police believe a crime has occurred. It is not proof that the charged crime did, in fact, occur. Our Constitution requires due process for precisely that reason: Accusations are not convictions.
Yet somewhere along the way, we’ve become comfortable trying people on television and determining their guilt before they ever step inside a courtroom.
Not only should that concern us all, but it raises another question:
What does any of this have to do with Tony Romo’s ability to analyze football games?
If he is ultimately convicted, he should face appropriate legal consequences. Perhaps he has a “morals” clause in his contract that applies to an event like this. However, should an alleged off-duty offense automatically end or indefinitely suspend a broadcasting career? Is CBS protecting its reputation, or simply reacting to public pressure?
These are legitimate questions. And the hypocrisy here that is harder to ignore.
The NFL has spent decades selling football and alcohol as inseparable companions. Beer commercials dominate game broadcasts. Teams partner with alcohol companies. Stadiums boast millions in beer sales every season, while sports bars fill with professional football fans every Sunday.
The message is unmistakable:
Football and drinking go together.
Suddenly, a prominent someone associated with the league allegedly drinks too much, gets into a car, and gets pulled over. Suddenly, everyone acts as though alcohol has nothing to do with football culture.
That strikes me as selective outrage.
To be clear, I am not excusing drunk drivers. Adults should be held responsible for their actions. But responsibility does not exist in a vacuum.
Alcohol impairs judgment. That is precisely why drunk driving is dangerous. But why are we unwilling to discuss the broader culture that encourages overconsumption while profiting handsomely from it?
Where does the bartender’s responsibility end?
What obligations do bars, restaurants, and stadiums have when someone is served while obviously intoxicated?
Should friends take away car keys?
Should hosts insist on calling an Uber?
Should the NFL, whose broadcasts generate billions of dollars alongside alcohol advertising, play a more active role in promoting responsible drinking?
Those questions rarely receive the attention they deserve because our national conversation begins only after a high-profile arrest.
In my opinion, these questions should begin several drinks earlier.
A final thought.
I rarely drink. I never drink and drive. I have children and grandchildren, and their safety is important to me. I’m not writing to defend drinkers or drunk drivers. But if Tony Romo broke the law, prosecutors must prove that in court and a judge must decide his punishment. He should not be tried and convicted on television.
And if the NFL truly wants to reduce impaired driving, it should set an example, not make one of Tony Romo. Let’s assume the legal process runs its course and Romo is convicted of an alcohol-related crime. Imagine the impact if he appeared in a series of public service announcements preaching something like this:
“I made a serious mistake. I was fortunate no one was hurt. If you’ve been drinking, don’t drive. Call a friend. Call a rideshare. Spend the money. You might save a life.”
Wouldn’t such a message prevent more tragedies than the televised humiliation of a celebrity NFL analyst?
And, by the way, even celebrities are innocent until proven guilty. Justice should be about accountability. Not spectacle.
CBS, the NFL, and alcohol companies should come forward, aceept some responsibility, and stop scapegoating those who abuse their products. Drivers sometimes make bad choices—so do those who serve, encourage, and profit from the sale of alcohol.
That’s my view. I’d love to hear yours.
Mark M. Bello is an attorney and award-winning author of the Zachary Blake Legal Thriller Series, ripped-from-the-headlines, realistic fiction that speaks truth to power and champions the rights of citizens in our justice system. These novels are dedicated to the social justice movement. They educate, spark discussion, and inspire readers to action. One of these was “Betrayal of Justice, a blistering novel about presidential misconduct and hypocrisy” For more information, please visit www.markmbello.com.