By Neil Schmidt
The Cincinnati Enquirer

COLUMBUS - In the first legal challenge to the rule against early entries to the NFL draft, suspended Ohio State tailback Maurice Clarett filed suit Tuesday against the league.

The lawsuit, filed in federal court in New York, asked a judge to throw out the rule requiring players to be out of high school for three years before entering the draft. It claims the NFL rule violates antitrust law and harms competition by excluding players who are shy of the three-year requirement.

All other major professional sports allow athletes to turn pro before entering college.

Under the NFL rule, Clarett, a sophomore, would have to wait until the 2005 draft. The suit says Clarett was "interested" in entering the 2003 draft, and it asks U.S. District Judge Shira Scheindlin to throw out the rule and declare Clarett eligible for the 2004 draft - or require the NFL to hold a special supplemental draft sooner.

Clarett's attorney, Alan C. Milstein, argues that the 292-page collective bargaining agreement does not contain language referring to that NFL bylaw.

"The rule is a restraint of amateur athletes who were strangers to the collective bargaining process," the suit says. "... The purpose of the rule is to perpetuate a system whereby college football serves as an efficient and free farm system for the NFL by preventing potential players from selling their services to the NFL until they have completed three college seasons."

The NFL did not issue comment Tuesday on the suit. When NFL commissioner Paul Tagliabue was asked earlier this month if the league could win such a suit, he replied: "My feeling as commissioner is that we have a very strong case and that we'll win it."

Milstein didn't return a call Tuesday. He told the Enquirer earlier this month: "(The rule) will fall when it gets challenged, because of antitrust rules. There are no facts in dispute; it's just a matter of if the rule is lawful."

Antitrust laws are designed to prevent restraints on trade by business monopolies.

Because a trial might not be resolved until after Clarett becomes eligible for the draft in 2005, Milstein has asked for a court order allowing Clarett to become immediately eligible. Milstein would have to convince the judge that it is likely Clarett would win the case, and that sitting out a season affects his client's future earnings.

That tactic worked for Spencer Haywood, who was allowed to play in the NBA with Seattle before his 1970 case finished in the courts.

Clarett, who rushed for 1,237 yards and helped lead the Buckeyes to a national championship, was suspended for the season by OSU for receiving improper benefits and lying to investigators.

OSU athletic director Andy Geiger has indicated the legal maneuvering would not affect the school's plan to apply for Clarett's reinstatement with the NCAA for next season. He told the Associated Press he wasn't surprised Clarett filed the suit "because that's where they have been headed."

Said OSU coach Jim Tressel: "I really don't have much reaction."

Both Clarett and Tressel said they had talked to Clarett's mother, Michelle, and expect Clarett to enroll and be in class when OSU begins its fall quarter today.

Some Buckeye teammates wonder if Clarett, 19, would be physically ready for the NFL.

"It would be really tough to be an 18- or 19-year-old running back and go and play against 26- or 27-year-old guys," kicker Mike Nugent said.

Said linebacker A.J. Hawk: "It's grown men up in the NFL, and you need time to get ready physically and mentally. ... (But) he's like a man amongst boys when he's playing."

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The Associated Press contributed to this report.