* J.D., Harvard Law School, 2022; B.S., summa cum laude, Cornell University, 2016. First,
the author would like to thank Jeffrey B. Gewirtz and Russell Yavner for their mentorship and
leadership in the sports industry and for giving him the opportunity to work with the Brooklyn
Nets for more than two years while attending Harvard Law. He would also like to thank
Professor Peter A. Carfagna for his guidance in the sports law field. Further, he is forever
grateful for the love and support of his wife, Maeve Forti, and father, David Zilber. Finally,
the author dedicates this paper to his best friend and late mother, Mariya Kleyner, who always
encouraged him to pursue his dreams.
ESTABLISHMENT OF THE NBA “BUBBLE” GUIDELINES FOR
THE RESUMPTION OF THE 2019-20 SEASON
Eric Zilber*
TABLE OF CONTENTS
†
Introduction 1
COVID-19 Background 2
The Challenges Facing the NBA 4
Initial Planning 8
The “Bubble” Emerges as a Front-Runner 11
“Bubble” Plans Solidify and the Protocols 13
Phase One 14
Phase Two 15
Phase Three 21
Phase Three-A 28
Phase Four 32
Phase Five 50
Phase Six 52
Conclusion 56
Exhibit A – Spread of COVID-19 58
Exhibit B – ESPN Wide World of Sports (“WWOS”) Map 59
Exhibit C – Testing Timeline for Players and Essential Staff 60
Exhibit D – Participant Tiers 61
Exhibit E – Masks/Face Coverings During Games 63
Exhibit F – COVID-19 Testing and Monitoring Requirements 65
Eric Zilber
1
Introduction
On March 11, 2020, the 2019-20 National Basketball Association (“NBA”) Season hung
in the balance after Rudy Gobert tested positive for coronavirus prior to the tip-off of a game
between the Utah Jazz and Oklahoma City Thunder.
1
At the time, the United States was starting
to learn about the SARS-CoV-2 (“COVID-19”) virus that would impact daily life for the
foreseeable future. While the World Health Organization (“WHO”) declared COVID-19 a
pandemic on the same date,
2
the gravity of the situation to many was still unclear because, at this
point, the U.S. had only detected approximately 1,000 cases of COVID-19.
3
Despite this, the NBA
took swift action that night by suspending gameplay.
4
Across the sporting landscape: March
Madness was canceled,
5
MLB negotiations stalled resulting in a shortened season,
6
the Kentucky
† While this paper was published with the express permission of the NBA, it was not written in
collaboration with the NBA. Further, all material was derived from publicly available sources,
and is not attributable to the NBA. The NBA had no input on the content.
1
Shams Charania (@ShamsCharania), TWITTER (Mar. 11, 2020, 9:27 AM),
https://twitter.com/ShamsCharania/status/1237913057596026881?ref_src=twsrc%5Etfw%7Ctwc
amp%5Etweetembed%7Ctwterm%5E1237913057596026881%7Ctwgr%5E%7Ctwcon%5Es1_
&ref_url=https%3A%2F%2Fwww.nbcsports.com%2Fnorthwest%2Fportland-trail-
blazers%2Fnba-suspends-season-indefinitely-after-rudy-gobert-tests-positive-covid-19
[https://perma.cc/3PFK-WXMB].
2
WHO Director-General’s Opening Remarks at the Media Briefing on COVID-19, (Mar. 11,
2020), https://www.who.int/director-general/speeches/detail/who-director-general-s-opening-
remarks-at-the-media-briefing-on-covid-19---11-march-2020 [https://perma.cc/FK8U-9CBF].
3
Veronica Rocha, March 11 Coronavirus News, CNN, (Mar. 12, 2020, 12:02 AM),
https://www.cnn.com/world/live-news/coronavirus-outbreak-03-11-20-intl-hnk/index.html
[https://perma.cc/HGE5-59D8].
4
Press Release, NBA, NBA to Suspend Season Following Tonight’s Games, (Mar. 11, 2020),
https://pr.nba.com/nba-to-suspend-season-following-tonights-games/ [https://perma.cc/ARH8-
JWHK].
5
Laurel Wamsley, No More March: NCAA Cancels Men’s and Women’s Basketball
Tournaments, NPR, (Mar. 12, 2020, 4:49 PM), https://www.npr.org/2020/03/12/815115557/no-
march-madness-ncaa-cancels-mens-and-women-s-basketball-tournaments
[https://perma.cc/936G-PGPR].
6
R.J. Anderson, MLB 2020 Season: Timeline of How Testy Negotiations Led to Rob Manfred
Mandating a 60-Game Schedule, CBS, (June 23, 2020, 10:56 PM),
https://www.cbssports.com/mlb/news/mlb-2020-season-timeline-of-how-testy-negotiations-led-
to-rob-manfred-mandating-a-60-game-schedule/ [https://perma.cc/B2ZN-AU2B].
Eric Zilber
2
Derby was postponed,
7
and the 2020 Summer Olympics were delayed a year.
8
By contrast, on
June 5, the NBA’s Board of Governors had approved by a 29-1 vote a 22-team format for restarting
the season at the Disney Campus outside Orlando, Florida.
9
Upon reaching the conclusion of the
NBA Finals on October 11 (after 107 days and 172 games),
10
there were a total of zero positive
player COVID-19 cases for the duration of the bubble.
11
This paper explores how the NBA
navigated the challenges of COVID-19, first and foremost, ensuring the safety of all participating
players, coaches, and staff.
COVID-19 Background
To begin understanding the gargantuan task of safely resuming any activity, let alone a
contact sport, requires a rewind to the state of the public health crisis in early 2020. COVID-19
was first identified among patients with severe respiratory infections in late December 2019 in
7
2020 Kentucky Derby Postponed, Rescheduled for Sept 5, AMERICA’S BEST RACING, (Mar. 17,
2020), https://www.americasbestracing.net/the-sport/2020-2020-kentucky-derby-postponed-
rescheduled-sept-5 [https://perma.cc/YXE2-WHF6].
8
Kelly Cohen, Tokyo 2020 Olympics officially postponed until 2021, ESPN (Mar. 24, 2020,
09:01 AM), https://www.espn.com/olympics/story/_/id/28946033/tokyo-olympics-officially-
postponed-2021 [https://perma.cc/PB8D-EDZR].
9
Tim Reynolds, NBA Board of Governors Approves 22-Team Restart of 2019-20 Season, NBA,
(June 5, 2020, 8:33 AM), https://www.nba.com/news/bog-approves-22-team-season-restart
[https://perma.cc/3774-PDNZ].
10
Jeff Zillgitt, Meet the Eight Key Figures Who Helped Make the NBA Bubble a Success, USA
TODAY, (Oct. 13, 2020, 6:40 PM), https://www.usatoday.com/story/sports/nba/2020/10/13/nba-
bubble-succeeded-because-eight-key-figures-adam-silver/3640236001/ [https://perma.cc/B4KL-
43BX].
11
Kelcie Pegher, Coronavirus Today: The NBA’s Bubble Worked, LOS ANGELES TIMES, (Oct.
12, 2020, 7:58 PM), https://www.latimes.com/science/newsletter/2020-10-12/coronavirus-today-
nba-bubble-success-covid-lakers-coronavirus-today [https://perma.cc/NCT9-R2YP]; Reese
Oxner, Lakers Win NBA Finals; No Coronavirus Cases Reported In Bubble, NPR, (Oct. 12,
2020, 6:28 PM), https://www.npr.org/2020/10/12/923064484/lakers-win-nba-finals-no-
coronavirus-cases-reported-in-bubble [https://perma.cc/WLJ8-55JS]; Kate Baggagley, The NBA
Bubble Was a One-of-a-Kind COVID-19 Success Story, POPULAR SCIENCE, (Oct. 15, 2020, 3:00
PM), https://www.popsci.com/story/health/nba-coronavirus-bubble-success-science/
[https://perma.cc/9D2Q-JNGD].
Eric Zilber
3
Wuhan, China.
12
On January 19, 2020, the first United States-identified case of COVID-19 was
diagnosed in a man who had days earlier traveled from Wuhan to the State of Washington.
13
By
February, there were fifteen cases, all tied to China.
14
However, it was estimated that those
individuals had likely infected over 2,000 others throughout major cities in the United States.
15
Nonetheless, nationwide travel restrictions from identified outbreak hotspots – China,
16
Iran,
17
the
Schengen Area comprised of twenty-six European states,
18
and the United Kingdom and Ireland
19
– were established. President Trump also invoked the National Emergencies Act
20
to declare the
pandemic a national emergency,
21
thereby freeing funds for emergency aid to state and local
governments. States responded in the form of stay-at-home orders, but varied significantly in
terms of their start date (e.g., California: March 19, South Carolina: April 7), restrictiveness (i.e.,
advisory vs. mandatory), and duration.
22
As the COVID-19 health crisis continued to envelop the
12
Ana S. Gonzalez-Reiche, ET AL., Introductions and Early Spread of SARS-CoV-2 in the New
York City Area, SCIENCE, July 17, 2020, at 369.
13
Michelle L. Holshue, ET AL., First Case of 2019 Novel Coronavirus in the United States, N.
ENGL. J. MED, Mar. 5, 2020, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7092802/
[https://perma.cc/H9WW-DRUP].
14
Press Release, CENTERS FOR DISEASE CONTROL AND PREVENTION, CDC Confirms 15th Case
of Coronavirus Disease (COVID-19), (Feb. 13, 2020),
https://www.cdc.gov/media/releases/2020/s0213-15th-coronavirus-case.html
[https://perma.cc/LB5C-5YFL].
15
Derek Watkins, ET AL., How the Virus Won, THE NEW YORK TIMES, (June 24, 2020),
https://www.nytimes.com/interactive/2020/us/coronavirus-spread.html [https://perma.cc/M38E-
Y9MV].
16
Proclamation No. 9984, 84 Fed. Reg 6,709 (Jan. 31, 2020).
17
Proclamation No. 9992, 85 F.R. 12,855 (Mar. 4, 2020).
18
Id. at 15,045.
19
Proclamation No. 9996, 85 F.R. 15,341 (Mar. 18, 2020).
20
Pub. L. No. 94-412, 90 Stat. 1255 (1976), codified as amended at 50 U.S.C. §§1601-1651.
21
Proclamation No. 9994, 85 Fed. Reg. 15,337 (Mar. 13, 2020).
22
Morbidity and Mortality Weekly Report, CENTERS FOR DISEASE CONTROL AND PREVENTION,
(Sept. 4, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6935a2.htm
[https://perma.cc/Z5MX-PKHD].
Eric Zilber
4
United States, restrictions grew in tandem, making it more difficult to envision how a return to
“normal” could be achieved.
The Challenges Facing the NBA
After suspending its season, the NBA had to examine what a “return to play” could look
like and how to address various concerns of the relevant parties properly. A central issue was the
cascading effect of any player, coach, or staff testing positive for the virus.
23
To this end, the
research found that prolonged, unprotected close contact (within six feet of a confirmed COVID-
19 infected individual for at least fifteen minutes)
24
– a given in any basketball competition –
resulted in the greatest likelihood of transmitting the virus.
25
Not only would a player testing
positive have to be sidelined, but practically any other player on the court at the same time would
need to quarantine for fourteen days.
26
Another challenge included coaches,
27
half of which were
23
See Exhibit A.
24
Updated Guidance on Evaluating and Testing Persons for Coronavirus Disease 2019
(COVID-19), CENTERS FOR DISEASE CONTROL AND PREVENTION, (Mar. 8, 2020),
https://emergency.cdc.gov/han/2020/HAN00429.asp [https://perma.cc/BW5W-HN38].
25
Arman Azad, ‘Prolonged, Unprotected Contact’ Led to First Known Person-to-Person
Coronavirus Transmission in US, Study Says, CNN, (Mar. 12, 2020, 6:10 PM),
https://www.cnn.com/2020/03/12/health/person-to-person-coronavirus-illinois-
study/index.html?utm_source=twCNN&utm_term=link&utm_content=2020-03-
13T01%3A31%3A02&utm_medium=social [https://perma.cc/5H8L-AHKJ].
26
SCIENCE BRIEF: OPTIONS TO REDUCE QUARANTINE FOR CONTACTS OF PERSONS WITH SARS-
COV-2 INFECTION USING SYMPTOM MONITORING AND DIAGNOSTIC TESTING, CENTERS FOR
DISEASE CONTROL AND PREVENTION (2020) (later decreased to 10 days if certain conditions
met).
27
Logan Newman, Thunder Coach Mark Daigneault is Young. Here’s the List of NBA Coaches
by Age., THUNDERWIRE, (Mar. 12, 2020, 8:57 PM),
https://okcthunderwire.usatoday.com/gallery/thunder-coach-mark-daigneault-is-young-heres-the-
list-of-nba-coaches-by-age/ [https://perma.cc/6PDX-9TJF]; Baxter Holmes, GMs Concerned
about Coronavirus Risk for Older Coaches, Staff if NBA Resumes Play, ESPN, (May 2, 2020),
https://www.espn.com/nba/story/_/id/29126844/general-managers-concerned-older-coaches-
staff-exposed-nba-resumes-play [https://perma.cc/KD2S-PL9U]; Ryan Young, Adam Silver:
NBA May Not Let Older Coaches Sit on Bench During Games ‘To Protect Them’, YAHOO!
SPORTS, (June 4, 2020), https://sports.yahoo.com/nba-adam-silver-may-restrict-older-coaches-
coronavirus-covid19-pandemic-disney-world-020012678.html [https://perma.cc/N4P2-AG97].
Eric Zilber
5
older than fifty, and a few of which were over 65, causing them to be at greater risk for COVID-
19 complications. Doctors also warned about the long-term effects of the virus on players’ lungs
and hearts.
28
Other conditions – including sickle cell disease, COPD, immunocompromised state,
diabetes, and thalassemia – with increased risk for severe COVID-19 illness had to be monitored.
29
Centers for Disease Control and Prevention (“CDC”) guidance in mid-March warned against
gatherings of fifty people or more,
30
dimming the prospect of any professional sporting
competition (with or without fans). Players and staff also had to deal with mental health issues
related to being confined at home and dealing with ailing or deceased family members,
31
all the
while continuing to remain in shape during the hiatus.
32
Another undeniably challenging situation
was determining what the appropriate role of basketball and its players should be vis-à-vis the
28
Colin Ward-Henninger, NBA Trade Deadline’s Secret Winners: Six Players Benefiting from
Moves Their Teams Made, CBS, (Mar. 28, 2021, 11:02 AM),
https://www.cbssports.com/nba/news/nba-trade-deadlines-secret-winners-six-players-benefiting-
from-moves-their-teams-made/ [https://perma.cc/Q9Y7-36QR].
29
Medical Conditions, CENTERS FOR DISEASE CONTROL AND PREVENTION, (Feb. 10, 2023),
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-
conditions.html [https://perma.cc/BH5B-ZMEH]; COVID-19: Who’s at Higher Risk of Serious
Symptoms?, MAYO CLINIC, (Sept. 27, 2022), https://www.mayoclinic.org/diseases-
conditions/coronavirus/in-depth/coronavirus-who-is-at-risk/art-20483301
[https://perma.cc/33SW-H7NM].
30
Emma Bowman, CDC Recommends Against Gatherings Of 50 Or More; States Close Bars
and Restaurants, NPR, (Mar. 15, 2020, 9:03 PM),
https://www.npr.org/2020/03/15/816245252/cdc-recommends-suspending-gatherings-of-50-or-
more-people-for-the-next-8-weeks [https://perma.cc/9PR3-L45U].
31
Adam Wells, Karl-Anthony Towns Says He Lost 7 Family Members to COVID-19, Including
His Mom, BLEACHER REPORT, (Dec. 4, 2020), https://bleacherreport.com/articles/2920980-karl-
anthony-towns-says-he-lost-7-family-members-to-covid-19-including-his-mom
[https://perma.cc/F2F8-TDXD].
32
Mark Medina, How NBA Players are Handling Mental Health Issue During Coronavirus
Crisis, USA TODAY, (Mar. 26, 2020, 3:50 PM),
https://www.usatoday.com/story/sports/nba/2020/03/26/coronavirus-how-nba-players-handling-
mental-health-during-hiatus/5076589002/ [https://perma.cc/P6SH-SV5F].
Eric Zilber
6
social justice movement
33
in the aftermath of the Breonna Taylor and George Floyd killings.
34
Some players donated considerable time and resources
35
to the Black Lives Matter movement,
while others advanced whether it was even appropriate to play at all.
36
All of these factions and
concerns needed to be addressed in the ultimate iteration of the NBA “Bubble.”
After Commissioner Silver suspended the season, an omnipresent concern related to effect
of the 2017 Collective Bargaining Agreement’s (“CBA’s”)
37
force majeure clause.
38
Generally
speaking, a force majeure (derived from French for “superior force”) provision excuses a party’s
performance under a contract (or CBA) when an “act of God” or some other extraordinary event
33
Liz Roscher, Over 1,400 Athletes, Coaches, Executives Sign Players Coalition Letter to End
Police Immunity, YAHOO! SPORTS, (June 10, 2020), https://sports.yahoo.com/over-1400-athletes-
coaches-executives-sign-players-coalition-letter-to-end-police-immunity-150408851.html
[https://perma.cc/S8TN-EZ22].
34
Breonna Taylor is Killed by Police in Botched Raid, HISTORY.COM (Mar. 10, 2021),
https://www.history.com/this-day-in-history/breonna-taylor-is-killed-by-police
[https://perma.cc/9ALV-UXQU]; Evan Hill, ET AL., How George Floyd Was Killed in Police
Custody, THE NEW YORK TIMES, (May 31, 2020),
https://www.nytimes.com/2020/05/31/us/george-floyd-investigation.html
[https://perma.cc/N385-HME5].
35
Associated Press, Atlanta Hawks' Trae Young Speaks at Peaceful Protest in Oklahoma, ESPN,
(June 1, 2020), https://www.espn.com/nba/story/_/id/29253389/atlanta-hawks-trae-young-
speaks-peaceful-protest-oklahoma [https://perma.cc/RU2C-QB2P]; Bobby Manning, Jaylen
Brown Marks New Era of Celtics Leaders, SB NATION, (June 16, 2020, 12:32 PM),
https://www.celticsblog.com/2020/6/16/21293073/jaylen-brown-new-era-of-celtics-leaders-
boston-celtics-black-lives-matter-bill-russell-kyrie-lebron [https://perma.cc/33C4-ANRW].
36
Selbe, Report: Kyrie Irving Calls for Players to Skip NBA's Orlando Return, SPORTS
ILLUSTRATED, (June 12, 2020), https://www.si.com/nba/2020/06/13/kyrie-irving-nba-season-
restart-orlando [https://perma.cc/J3TW-2LVB].
37
NBA CBA (hereafter “CBA”) made available at https://cosmic-s3.imgix.net/3c7a0a50-8e11-
11e9-875d-3d44e94ae33f-2017-NBA-NBPA-Collective-Bargaining-Agreement.pdf
[https://perma.cc/SMF4-Y8C7].
38
Bryan Toporek, What If The 2019-20 NBA Season Is Over? Explaining The ‘Force Majeure’
Clause, FORBES, (Mar. 13, 2020), https://www.forbes.com/sites/bryantoporek/2020/03/13/what-
if-the-2019-20-nba-season-is-over-explaining-the-force-majeure-clause/?sh=53f5248259ed
[https://perma.cc/LLM9-NCPM].
Eric Zilber
7
precludes a party from fulfilling its obligations.
39
Per the NBA CBA, a force majeure event
includes the occurrence of an epidemic
40
or any governmental order or action provided that either:
“(i) makes it impossible for the NBA to perform its obligations under [the CBA], or (ii) frustrates
the underlying purpose of [the CBA], or (iii) makes it economically impracticable for the NBA to
perform its obligations under [the CBA].”
41
The above is modified to provide that the triggering
event of the force majeure clause could not be within the reasonable control of the NBA or a
team.
42
Of significant importance to players was that if a force majeure event resulted in any
“missed Exhibition, Regular Season, or Playoff game during such period that was not rescheduled
and replayed,” each missed game would reduce a player’s compensation by 1/92.6th for that
respective season.
43
At this point in the season, all teams had played their exhibition games, but
39
77A C.J.S Sales § 370 (2020); 1 Am. Jur. 2d Act of God § 13 (2020). Common force majeure
events include: natural disasters, war, government acts (i.e., eminent domain), labor activities
(i.e., strikes), power shortages, epidemics, and quarantines; see also Black’s Law Dictionary (9th
ed. 2009) explaining that a force majeure clause “is meant to protect the parties in the event that
a contract cannot be performed due to causes which are outside the control of the parties and
could not be avoided by exercise of due care.”
40
Cf. NFL CBA made available at
https://nflpaweb.blob.core.windows.net/website/PDFs/CBA/March-15-2020-NFL-NFLPA-
Collective-Bargaining-Agreement-Final-Executed-Copy.pdf [https://perma.cc/BG2D-CH2V]
(which lacks an explicit force majeure clause); MLB CBA made available at https://d39ba378-
ae47-4003-86d3-
147e4fa6e51b.filesusr.com/ugd/b0a4c2_95883690627349e0a5203f61b93715b5.pdf
[https://perma.cc/PGA8-ZDDN] (also lacks force majeure clause). But see MLS CBA:
Associated Press, MLS Invokes Force Majeure Clause, Setting Up Another CBA Negotiation,
SPORTS ILLUSTRATED, (Dec. 30, 2020), https://www.si.com/soccer/2020/12/30/mls-players-
union-cba-negotiations-force-majeure-clause [https://perma.cc/KQX9-GF6L]; Jeff Carlisle, MLS
Labor Negotiation: What Does Force Majeure Mean for CBA, Players, 2021 Season?, ESPN,
(Jan. 11, 2021), https://www.espn.com/soccer/major-league-soccer/story/4282033/mls-labor-
negotiation-what-does-force-majeure-mean-for-cbaplayers2021-season [https://perma.cc/9XBZ-
XBZJ] (inclusion of force majeure clause in 2020 CBA).
41
CBA Article XXXIX, § 5(a).
42
Id.
43
CBA Article XXXIX, § 5(b). 92.6 was determined based on each team’s playing five
Exhibition games, eighty-two Regular Season game, and 5.6 Playoff games during each Season.
For reference, Stephen Curry of the Golden State Warriors (the NBA’s highest-paid player in the
Eric Zilber
8
only 64 to 67 of their 82 regular season games (79-83%) and no playoff games.
44
Notice to the
NBA Players Association (“NBPA”) of a force majeure event was required within sixty days of
said event, after which the NBA would have another sixty days to terminate the CBA.
45
It was
unclear when, specifically, the triggering event occurred though likely dates were March 11, when
the 2019-20 season was suspended,
46
or March 13, when President Trump declared a national
emergency.
47
Either way, the future did not seem promising, and it remained uncertain whether a
season of any kind was feasible.
Initial Planning
Following March, the COVID-19 landscape in the United States continued to worsen, and
the NBA began taking its first major steps during the hiatus. Rumors swirled about a possible
single-site location without fans for a season continuation and playoffs, which included locations
in Las Vegas, the Bahamas, Orlando, Atlantic City, Hawaii, and Louisville.
48
At the same time,
to offset a projected decrease in revenue,
49
the NBA’s top 100 executives and senior leaders
2019-20 season) could stand to lose approx. $435,000 per game not played, while a two-way
contract converted to a regular NBA deal for this season would lose $9,700 per game: Tim
Reynolds, Commissioner Adam Silver: NBA Hiatus Will Likely Last ‘At Least’ 1 Month, NBA,
(Mar. 12, 2020, 9:00 PM), https://www.nba.com/news/nba-hiatus-likely-last-least-one-month-ap
[https://perma.cc/GG8F-LZ5U].
44
Michael McCain, NBA, NBPA Agreement Doesn't Preclude Future Labor Issues if
Coronavirus Drags On, SPORTS ILLUSTRATED, (Apr. 17, 2020),
https://www.si.com/nba/2020/04/17/nba-nbapa-pay-cut-agreement-coronavirus
[https://perma.cc/EG8G-Y6C8].
45
CBA Article XXXIX, § 5(d).
46
NBA, supra note 4.
47
Proclamation No. 9994, supra note 21.
48
Marc Berman, The Playoff Scenarios NBA is Discussing for Hopeful Return, NEW YORK POST,
(Mar. 30, 2020), https://nypost.com/2020/03/30/the-playoff-scenarios-nba-is-discussing-for-
hopeful-return/ [https://perma.cc/DRT8-DLEJ].
49
Ben Golliver, Coronavirus Could Cost NBA $1 Billion, Bring about Record Salary Cap Drop,
THE WASHINGTON POST, (Mar. 21, 2020, 8:00 AM),
https://www.washingtonpost.com/sports/2020/03/21/coronavirus-could-cost-nba-1-billion-bring-
about-record-salary-cap-drop/ [https://perma.cc/WND3-GQKH].
Eric Zilber
9
received a twenty percent pay cut.
50
Fortunately, and as United States unemployment rates edged
towards fifteen percent,
51
said NBA cuts would not impact support or administrative staff across
the organization.
52
Soon, the idea of a “bubble” gathered momentum as the NBA had some
experience, through the MGM Resorts G League Winter Showcase in Las Vegas, of hosting a fan-
less competition with 28 G League teams present.
53
Eyes then turned to the world’s only
professional basketball league that was continuing to operate during COVID-19, the Taiwanese
Super Basketball League (“SBL”).
54
Unlike the NBA, only five teams participated in the SBL,
but the SBL’s safety measures – maximum arena capacity of 100, facemask adherence by non-
athletes, and temperature checks for players – were viewed favorably.
55
Similar “bubble” plans
50
Adrian Wojnarowski, Sources: NBA's Top Executives to Have Salaries Reduced by 20%,
ESPN, (Mar. 26, 2020), https://www.espn.com/nba/story/_/id/28959044/nba-top-executives-
salaries-reduced-20-percent [https://perma.cc/G2SY-BKKX]; see also, Jenna West, Report: NHL
to Temporarily Cut Salaries in League Office During Coronavirus Crisis, SPORTS ILLUSTRATED,
(Mar. 24, 2020), https://www.si.com/nhl/2020/03/24/nhl-league-office-salary-reductions-
coronavirus-crisis [https://perma.cc/TK7X-HCXP] (NHL league office employees’ salaries cut
by 25%); Ronald Blum, MLB Cuts Senior Staff Pay by 35% Pays All Staff Through May, THE
COURIER, (Apr. 14, 2020), https://wcfcourier.com/sports/baseball/mlb-cuts-senior-staff-pay-by-
35-pays-all-staff-through-may/article_605533b9-de7e-552c-adcc-462221dd1ed8.html
[https://perma.cc/TVK4-Z8SA] (MLB senior staff salaries cut by average of 35%); Jenna Fryer,
NASCAR Orders Pay Cuts for Employees of the Racing Series, ASSOCIATED PRESS (Mar. 24,
2020), https://apnews.com/article/c129cf3fe550f01357510a3aebb7d3a2 [https://perma.cc/24UC-
4UZB] (NASCAR executive salaries cut by 25%, while all other employees received a reduction
of 20%).
51
Unemployment Rate Rises to Record High 14.7 Percent in April 2020, U.S. BUREAU OF LABOR
STATISTICS, (May 13, 2020), https://www.bls.gov/opub/ted/2020/unemployment-rate-rises-to-
record-high-14-point-7-percent-in-april-2020.htm [https://perma.cc/YA3G-8E8Z].
52
Adrian Wojnarowski, Sources: NBA’s Top Executives to Have Salaries Reduced by 20%,
ESPN (Mar. 26, 2020), https://www.espn.com/nba/story/_/id/28959044/nba-top-executives-
salaries-reduced-20-percent [https://perma.cc/2EUW-RLEX].
53
Tom Haberstroh, NBA’s ‘Bubble’ Idea Has Major Holes, NBC Sports (Apr. 3, 2020),
https://www.nbcsports.com/philadelphia/nba-insider-tom-haberstroh/nbas-bubble-idea-has-
major-holes [https://perma.cc/W9HW-M6A2].
54
Marc Stein, Can the N.B.A. Learn From Taiwan’s Basketball Bubble?, THE NEW YORK TIMES,
(Apr. 13, 2020), https://www.nytimes.com/2020/04/10/sports/basketball/taiwan-pro-
basketball.html [https://perma.cc/J85F-H8TZ].
55
Id.
Eric Zilber
10
(i.e., two locations, multiple daily temperature tests, and no fan attendance)
56
were being
considered by the Chinese Basketball Association even as the Chinese government issued orders
restricting group sporting events.
57
Weeks prior, LeBron James had balked at playing in a fan-less
arena, stating, “We play games without the fans? Nah, that’s impossible.”
58
Many doctors and
epidemiologists, for different reasons too, viewed the “bubble” as far-fetched, citing: the difficulty
of properly quarantining players in a closed community, the strain of being separated from
families, and the lack of COVID-19 testing capabilities, among other issues.
59
As the year of COVID-19 progressed, the NBA and NBPA continued taking steps to ensure
some return-to-play could be achieved.
60
Many players lacked access to adequate training space
as teams shut down their practice and training facilities in March,
61
and public health clubs, fitness
centers, gyms, college facilities, or the like remained off-limits.
62
As a starting point, and
56
Jasmyn Wimbish, Coronavirus: China Orders Chinese Basketball Association, Other Sports
to Delay Return, Per Report, CBS SPORTS, (Apr. 1, 2020, 9:56 AM),
https://www.cbssports.com/nba/news/coronavirus-china-orders-chinese-basketball-association-
other-sports-to-delay-return-per-report/ [https://perma.cc/5HWY-LSH9].
57
Mike Chiari, China Restricting Resumption of Team Sports amid COVID-19, Delays Restart of
CBA, BLEACHER REPORT, (Mar. 31, 2020), https://bleacherreport.com/articles/2884275-china-
restricting-resumption-of-team-sports-delays-restart-of-cba [https://perma.cc/GH92-GRPY].
58
Brian Mahoney, NBA Tells Teams to Plan for Empty Arenas; LeBron Says No Way, NBA,
(Mar. 7, 2020, 9:44 AM), https://www.nba.com/news/coronavirus-lebron-wont-play-empty-
arenas [https://perma.cc/8HY8-3LMJ].
59
Haberstroh, supra note 53.
60
Compare with MLB PA’s war with MLB: Jeff Passan, Passan's 20 Questions: Why Financial
Battle over 2020 MLB Season is About to Get Really, Really, Ugly, ESPN, (May 12, 2020),
https://www.espn.com/mlb/story/_/id/29161983/passan-20-questions-why-financial-battle-2020-
mlb-season-get-really-really-ugly [https://perma.cc/B4RR-UCJR].
61
Tim Bontemps, Sources: NBA Directs Teams to Close Practice Facilities, ESPN, (Mar. 19,
2020), https://www.espn.com/nba/story/_/id/28927212/sources-nba-directs-teams-close-practice-
facilities [https://perma.cc/S79M-RUT6].
62
Marc Stein and Scott Cacciola, Many N.B.A. Stars Lack Home Court Advantage: Basketball
Hoops, THE NEW YORK TIMES, (June 17, 2020),
https://www.nytimes.com/2020/05/04/sports/basketball/coronavirus-nba-hoop.html
[https://perma.cc/HL36-KKX3].
Eric Zilber
11
depending on state and local restrictions, teams were advised that practice facilities could reopen
on May 8 with various limitations (e.g., no more than four players at the facility at a time,
prohibitions on group activity, and no coaches).
63
Later in May, Commissioner Silver addressed
that “[the] CBA was not built for an extended pandemic,” causing the NBA and NBPA to agree to
extend the league’s right to terminate the CBA until September.
64
A postponement seemed
reasonable as the salary cap and luxury tax thresholds depended on NBA revenue, approximately
40% of which derived from game-night receipts.
65
Both parties hoped to avoid a lengthy play
stoppage, which could result from a CBA termination.
The “Bubble” Emerges as a Front-Runner
Eventually, the ESPN Wide World of Sports at Walt Disney World near Orlando, Florida
emerged as a front-runner for hosting the remainder of the NBA season through exploratory
conversations.
66
Ties between the NBA and Disney, were well-documented
67
and the Disney-
owned ESPN would stand to benefit from any major return to sports broadcasting.
68
As health and
63
Press Release, NBA, NBA targets May 8 as earliest date to allow some limited workouts in
select cities, (April 27, 2020, 3:23 PM), https://www.nba.com/news/nba-targeting-may-8-
limited-workouts-official-release [https://perma.cc/4SNX-MLR4].
64
Adrian Wojnarowski, Sources: NBA, NBPA Agree to Extend CBA Termination Deadline
Through September, ESPN, (May 11, 2020),
https://www.espn.com/nba/story/_/id/29161104/nba-nbpa-agree-extend-cba-termination-
deadline-september [https://perma.cc/LZ38-3KCH].
65
Adrian Wojnarowski, Why NBA Stars and Billionaire Owners are Letting Adam Silver Lead
the League's Revival, ESPN, (May 15, 2020),
https://www.espn.com/nba/story/_/id/29180323/why-nba-stars-billionaire-owners-letting-adam-
silver-lead-league-revival [https://perma.cc/UP5H-KRRP].
66
Ramona Shelburne, NBA in Talks to Resume Play at Disney's ESPN Wide World of Sports
Complex, ESPN, (May 23, 2020), https://www.espn.com/nba/story/_/id/29213517/nba-talks-
resume-play-disney-espn-wide-world-sports-complex [https://perma.cc/QW37-TXTX].
67
Blake Schuster, Woj: Disney World 'Gaining Momentum' as Site for NBA to Finish Season,
BLEACHER REPORTER, (May 1, 2020), https://bleacherreport.com/articles/2889730-woj-disney-
world-gaining-momentum-as-site-for-nba-to-finish-season [https://perma.cc/G2TC-XFRQ].
68
Brooks Barnes, Why the N.B.A. Is Planning on Going to Disney World, THE NEW YORK
TIMES, (June 2, 2020), https://www.nytimes.com/2020/06/02/sports/basketball/disney-world-
nba-sports-complex.html [https://perma.cc/Q5SA-B2FU].
Eric Zilber
12
safety continued to be the priority, a 220-acre complex, equipped with three arenas (see Exhibit
B) and plentiful hotel accommodations, could also greatly limit outside exposure.
69
As it related
to COVID-19, the number of cases in Florida continued to climb
70
causing some concern about
infiltration of the “bubble” by third parties and, thereby, infection of players.
71
On the other hand,
Florida’s more flexible approach to COVID-19
72
reduced some challenges of hosting the “bubble”
as compared to other states. Conveniently, even in Phase One of Florida’s reopening, professional
sports venues could remain operational and host trainings, competitions, events, and games.
73
By
June 4, the NBA’s board of governors approved via a 29-1 vote (with Portland as the lone team
voting against the plan) a 22-team format to resume the 2019-20 season at Disney World on July
31, including 8 games, play-in tournament, and playoffs for the top 16 seeds.
74
The following day,
the NBPA Board of Player Representatives approved further negotiations with the NBA on a return
69
Jim Sergent and Mark Medina, How the NBA Bubble Has Taken Shape in Disney World, USA
TODAY, (July 21, 2020, 8:35 AM), https://www.usatoday.com/in-depth/sports/2020/07/09/nba-
bubble-takes-shape-disney-world/5387760002/ [https://perma.cc/5ZHS-KK8R].
70
Florida Department of Health Updates New COVID-19 Cases, Announces Thirty-Four Deaths
Related to COVID-19, FLORIDA HEALTH, (May 30, 2020),
http://www.floridahealth.gov/newsroom/2020/05/053020-1300-covid19.pr.html
[https://perma.cc/7ZMH-HH62]; Douglas S. Wood, What’s Behind the Surge of Covid-19 Cases
in Florida, CNN, (June 24, 2020, 3:48 PM), https://www.cnn.com/2020/06/24/us/florida-
coronavirus-cases-surge/index.html [https://perma.cc/7U5S-7ZC3].
71
Baxter Holmes and Zach Lowe, Concern Throughout NBA Grows as Coronavirus Cases Spike
in Florida, ESPN, (June 20, 2020), https://www.espn.com/nba/story/_/id/29341659/concern-nba-
grows-coronavirus-cases-spike-florida [https://perma.cc/X2RA-UJE6].
72
See, e.g., WFLA Staff, No Florida Mask Mandate: DeSantis Trusting People to ‘Make Good
Decisions’ as Coronavirus Cases Spike, WFLA NEWS CHANNEL, (June 26, 2020, 8:11 PM),
https://www.wfla.com/news/florida/no-florida-mask-mandate-desantis-trusting-people-to-make-
good-decisions-as-coronavirus-cases-spike/ [https://perma.cc/UF6R-TC8Q] (no mask mandate);
but see, FL. Executive Order 20-82 (requiring individuals to quarantine if arriving from location
of substantial community spread).
73
FL. Executive Order 20-123, § 2.
74
Adrian Wojnarowski, NBPA Reps Vote to approve 22-Team Format to Finish Season, ESPN,
(June 5, 2020), https://www.espn.com/nba/story/_/id/29272443/sources-nbpa-reps-approve-22-
team-format-finish-season [https://perma.cc/YPE3-8PYW].
Eric Zilber
13
to play.
75
Another significant step by the NBA and NBPA involved focusing the goal of the
“bubble” in Orlando on taking collective action against systemic racism and promoting social
justice.
76
The next major building block of the “bubble” was developing and releasing the health
and safety guidelines.
“Bubble” Plans Solidify and the Protocols
After months of development, the NBA released its 113-page Health and Safety Protocols
for the Resumption of the 2019-20 NBA Season (the “Protocols”) on June 16.
77
Players were given
until June 24 to report to their teams whether they planned to participate in the “bubble.”
78
The
prospective date for the resumption of games was set for July 30. In the background, Florida
reported its largest one-day increase in COVID-19 cases, though Governor DeSantis remained
resolute about not “shutting down” the state.
79
For the “bubble” to function, all relevant personnel
would need to progress through six phases necessary for restart, with the last phase being the
75
Id.
76
NBA and NBPA Advance Talks on Social Justice Efforts, NATIONAL BASKETBALL PLAYERS
ASSOCIATION, (June 24, 2020), https://nbpa.com/news/nba-and-nbpa-advance-talks-on-social-
justice-efforts [https://perma.cc/5L8C-GNHJ].
77
Tim Bontemps, In Documents, NBA Details Coronavirus Testing Protocols, Including 2-Week
Resting Period for Positive Tests, ESPN, (June 16, 2020),
https://www.espn.com/nba/story/_/id/29321006/in-documents-nba-details-coronavirus-testing-
process-orlando-campus-life [https://perma.cc/3NJB-5D59].
78
Kurt Helin, Deadline Day: By June 24 NBA Players Reportedly Must Tell Teams They Will
Not Play in Restart, NBC SPORTS, (June 16, 2020, 6:47 PM),
https://nba.nbcsports.com/2020/06/16/deadline-day-by-june-24-nba-players-reportedly-must-tell-
teams-they-will-not-play-in-restart/ [https://perma.cc/5BGD-GL9E].
79
Honduran President Tests Positive, THE NEW YORK TIMES, (June 23, 2020),
https://www.nytimes.com/2020/06/16/world/coronavirus-live-updates.html?smid=nytcore-ios-
share [https://perma.cc/T9D9-E2UL].
Eric Zilber
14
“bubble.”
80
Notably, the Protocols were developed based on prevailing CDC and medical expert
guidance, as well as from similar protocols created by other sports leagues.
81
Phase One
To begin Phase One (from June 12–22) of the return process, players residing
internationally would need to return to their respective market by June 15 and domestic players by
June 22, subject to government restrictions.
82
Essential staff members – those training, coaching,
or providing medical services for players in the team market or “bubble” campus – needed to do
the same.
83
If barred entry due to government restrictions, teams were to assist said individuals.
84
While traveling, players and essential staff members were advised to heed recommended
precautions (e.g., cleaning hands frequently, wearing a face covering, keeping physical distance).
85
Individuals (and household members) were then to self-quarantine at home, with the exception of
visiting a team facility, essential activities, or commuting.
86
Particularly, crowded settings were
to be avoided, except that engagement in protests was acceptable if properly donning a face
covering and engaging in hand hygiene.
87
To ensure the NBA accounted for individuals (players,
staff, and household members) with characteristics or medical conditions that might render one at
80
Health and Safety Protocols for the Resumption of the 2019-20 NBA Season (“hereafter
Protocols”) 2-3 (June. 25, 2020) (on file with author); Jeff Zillgitt, NBA Players Union Memo
Outlines Health and Safety Precautions for 2020 Season Restart at the ESPN Wide World of
Sports, USA TODAY, (June 16, 2020, 8:04 PM),
https://www.usatoday.com/story/sports/nba/2020/06/16/nba-disney-world-restart-extensive-
covid-19-safety-restrictions/3202943001/ [https://perma.cc/2YZ8-3TJN].
81
Protocols, supra note 80, at 1.
82
Id. at 4.
83
Id.
84
Id. at 5.
85
Id. at 4.
86
Id. at 5; see also Pistons to Reopen Practice Facilities, NBA, (June 4, 2020, 12:24 PM),
https://www.nba.com/roundup-nba-team-practice-facilities-reopen [https://perma.cc/E8RF-
YHN8].
87
Protocols, supra note 80, at 5.
Eric Zilber
15
higher risk of COVID-19 complications, all needed to complete a medical history questionnaire.
88
Given many players were living with other household members, for both sides’ safety, teams were
to offer these members virtual education and information sessions to promote an understanding of
best practices for reducing the risk of infection and spread of COVID-19.
89
Teams, if not restricted
by state or local guidance, could continue making their facilities available for workouts or
treatments on a voluntary, individual basis.
90
These measures were intended to begin the process
of bringing NBA personnel into their team markets and continuing the COVID-19 education
process.
Phase Two
Following Phase One, Phase Two (June 23–30) would begin with a focus on COVID-19
testing to determine an infection baseline within the league. All players and essential staff
members were required to undergo, on June 23, a PCR and serology/antibody (blood) test through
an approved testing provider.
91
From this mandatory testing, 16 out of a pool of 302 players tested
88
Id. at 4.; Kurt Helin, NBA Sends Teams Medical Questionnaire for Players, Staff Going to
Orlando, NBC SPORTS, (June 16, 2020, 9:00 AM), https://nba.nbcsports.com/2020/06/16/nba-
sends-teams-medical-questionnaire-for-players-staff-going-to-orlando/ [https://perma.cc/8FVZ-
6MJQ]; Sam Quinn, NBA Physicians Will Be Able to Prevent Players, Coaches with Health
Risks from Participating in Orlando Bubble, CBS SPORTS, (June 18, 2020, 11:04 AM),
https://www.cbssports.com/nba/news/nba-sends-questionnaire-to-players-coaches-to-determine-
if-they-are-healthy-enough-for-restart-per/ [https://perma.cc/SLU9-2T3Y].
89
Protocols, supra note 80, at 6.
90
Id. at 4; Kurt Helin, NBA to Allow Team Practice Facilities to Open Friday in States That Are
Re-opening, NBC SPORTS, (May 6, 2020, 7:44 AM), https://nba.nbcsports.com/2020/05/06/nba-
to-allow-team-practice-facilities-to-open-friday/ [https://perma.cc/H8EB-66FM].
91
Protocols, supra note 80, at 7; see also Michael Shapiro, NBA Announces 25 Positive COVID-
19 Tests Since June 23, SPORTS ILLUSTRATED, (July 2, 2020),
https://www.si.com/nba/2020/07/02/nba-announces-25-positive-coronavirus-tests
[https://perma.cc/5PLV-XS3J]; Ben DuBose, Rockets to Begin Mandatory COVID-19 Testing on
Tuesday, ROCKETSWIRE, (June 22, 2020, 11:57 AM),
https://rocketswire.usatoday.com/2020/06/22/rockets-to-begin-mandatory-covid-19-testing-on-
tuesday/ [https://perma.cc/HVJ2-LG82].
Eric Zilber
16
positive for coronavirus, with none experiencing serious illness.
92
PCR testing would continue to
be conducted on an every-other-day basis, but with serology/antibody testing only in the case of a
positive result.
93
While the NBA sought to maximize the testing of players, it did not do so in a
vacuum and addressed some of the worries about preferential treatment for professional athletes.
94
Tests were not to be administered if they would adversely impact the availability of testing for
healthcare workers, first responders, symptomatic individuals, or high-priority groups in a team’s
community.
95
Free COVID-19 testing for community members would also be set up through
collaboration with the National Urban League and community partners in the respective team’s
city.
96
During COVID-19 testing, teams needed to ensure the following: physician availability to
answer questions or concerns, a properly cleaned and distanced testing area (if possible, outdoors),
and appropriate personal protective equipment (“PPE”) for all test administrators.
97
If any player
returned a positive PCR test, said player would be required to self-isolate and complete the required
92
ESPN News Services, 16 out of 302 NBA Players Test Positive for Coronavirus, ESPN, (June
26, 2020), https://www.espn.com/nba/story/_/id/29369877/16-302-nba-players-test-positive-
coronavirus [https://perma.cc/4RTA-VVTA].
93
Protocols, supra note 80, at 7; Scott Davis, 16 NBA Players Tested Positive for COVID-19 12
Days before the League Begins its Disney ‘Bubble’, BUSINESS INSIDER, (June 26, 2020, 11:17
PM), https://www.businessinsider.in/sports/news/16-nba-players-tested-positive-for-covid-19-
12-days-before-the-league-begins-its-disney-bubble/articleshow/76651425.cms
[https://perma.cc/2V2F-JG22].
94
See, e.g., Jessica Golden, Doctors and Patients Wonder if the NBA is Getting Special
Treatment with Coronavirus Tests, CNBC, (Mar. 19, 2020, 5:40 PM),
https://www.cnbc.com/2020/03/19/doctors-wonder-if-nba-getting-special-treatment-with-
coronavirus-tests.html [https://perma.cc/6FBV-3PUZ]; Megan Twohey, ET AL., Need a
Coronavirus Test? Being Rich and Famous May Help, THE NEW YORK TIMES, (Mar. 18, 2020),
https://www.nytimes.com/2020/03/18/us/coronavirus-testing-elite.html [https://perma.cc/WA58-
APHM].
95
Protocols, supra note 80, at 7.
96
Id.; see also Press Release, NBA, NBA extends community testing program as part of 2019-20
Season Restart in Orlando, (July 29, 2020), https://www.nba.com/news/nba-extends-community-
covid-19-testing-program [https://perma.cc/37SX-ET75].
97
Protocols, supra note 80, at 9–10.
Eric Zilber
17
procedures for return (see Exhibit F).
98
A team physician would then need to notify the league of
any positive PCR result as well.
99
Due to possible cardiac complications, any player testing
positive for COVID-19 would additionally need to complete a cardiac screening and refrain from
exercise training for two weeks from the later of a positive test or resolution of viral symptoms.
100
For completeness, during any test days or before voluntary workouts, players and essential staff
needed to be temperature-screened and report any COVID-19 symptoms.
101
Each player, if
requested, would also be required to submit to a physical examination.
102
Team-designated
physicians needed to review players’ (and traveling staff members’) medical history questionnaires
and clear said players for competition while also identifying any higher-risk individuals and
necessary restrictions.
103
Specific guidelines also existed for designating players as non-participating (including
“Higher-Risk,” “Excused,” and “Protected” per below) as well as the ramifications of this status.
No player was required to participate, could be coerced into doing so, or disciplined for not
98
Id. at 10. Required procedures for positive PCR results involved: hospitalization (if needed),
immediate isolation, retesting to confirm a positive result, reporting to public health authorities
as required by law, cleaning and disinfecting procedures, management of close contact(s) of the
infected individual, medical care, and return-to-play medical clearance. Id. at 71–76.
99
Id. at 10.
100
Id.; see also Jeff Zillgitt, Cardiac Screening Crucial for NBA Players Who Tested Positive for
COVID-19, USA TODAY (Jul. 19, 2020, 1:51 PM),
https://www.usatoday.com/story/sports/nba/2020/07/19/nba-covid-19-positive-cardiac-
screening-disney-bubble/5467847002/ [https://perma.cc/98LX-SAFG]; see generally Arun
Samidurai & Anindita Das, Cardiovascular Complications Associated with COVID-19 and
Potential Therapeutic Strategies, 21 INT. J. MOLECULAR SCIENCE 6790 (2020); Brit Long,
William J. Brady, Alex Koyfman & Michael Gottlieb, Cardiovascular Complications in COVID-
19, 38 AMERICAN J. EMERGENCY MED. 1504 (2020) (detailing cardiac complications associated
with COVID-19).
101
Protocols, supra note 80, at 11.
102
Uniform Player Contract, Paragraph 7(f).
103
Protocols, supra note 80, at 11–13.
Eric Zilber
18
participating by his team.
104
For players worried about transmitting COVID-19 to higher-risk
household members, teams could provide separate housing so that the player could attend team
functions through Phase 3.
105
However, players (not designated as “Excused” or “Protected”) who
failed or refused to provide their services “without proper and reasonable cause or excuse”
106
would have their compensation reduced.
107
In some cases, the matter could be referred to a three-
physician panel who would determine based on relevant medical information whether a player was
a “Higher-Risk” individual and therefore “Excused.”
108
An appeals process existed to overturn
any arbitrary and capricious panel determinations.
109
For any player that contracted COVID-19
during Phase 4 and desired not to continue participating in the “bubble,” said player would be
“Excused” so long as, within the past two weeks, they had not left the campus or had prohibited
contact with non-team personnel.
110
If a team determined that a player’s risk factors (per
104
Id. at 13; Nick Selbe, Report: NBA Not Requiring Players to Finish Season, No Discipline for
Staying Home, SPORTS ILLUSTRATED (Jun. 10, 2020), https://www.si.com/nba/2020/06/10/nba-
not-requiring-players-participate-orlando-season-restart [https://perma.cc/S8AP-B4Z3].
105
Protocols, supra note 80, at 13.
106
CBA, Article VI, § 1.
107
Protocols, supra note 80, at 14; Rob Goldberg, Report: NBA Players Must Notify Teams of
Restart Participation by June 24, BLEACHER REPORT (Jun. 16, 2020),
https://bleacherreport.com/articles/2896455-report-nba-players-must-notify-teams-of-restart-
participation-by-june-24 [https://perma.cc/N3CR-XKEL]; see also CBA Article XXXIX, § 5(b),
supra note 43.
108
Protocols, supra note 80, at 14–15; Dan Woike & Tania Ganguli, Health Concerns Will Be
Front and Center for NBA Players, Teams, LOS ANGELES TIMES (Jun. 24, 2020),
https://www.latimes.com/sports/story/2020-06-24/health-concerns-front-and-center-for-nba-
players-like-javale-mcgee [https://perma.cc/27B8-GD3M]; Dave McMenamin, Lakers Assistant
Lionel Hollins Deemed Higher-Risk, Won’t Go to Orlando, ABC NEWS (Jul. 3, 2020, 9:29 PM),
https://abcnews.go.com/Sports/lakers-assistant-lionel-hollins-deemed-higher-risk-
orlando/story?id=71604040 [https://perma.cc/2R4U-3QRA]; Tom Westerholm, NBA Rumors
2020: Panel Will Determine Coronavirus Risk to Individual Personnel before Restart in
Orlando, MASS LIVE (Jun. 10, 2020, 5:01 PM), https://www.masslive.com/celtics/2020/06/nba-
rumors-2020-panel-will-determine-coronavirus-risk-to-individual-personnel-before-restart-in-
orlando.html [https://perma.cc/P29D-85CF].
109
Protocols, supra note 80, at 14–15.
110
Id. Related disputes would be resolved based on Article XXXI of the CBA.
Eric Zilber
19
questionnaire or medical history) would present a direct threat to his health, the team would protect
the player by excluding him from competition and classifying him as “Protected.”
111
Again, this
designation could be subject to a physician panel review.
112
Traveling staff members would also
be expected to participate in the “bubble” unless found to be at “Higher-Risk” or “Protected” under
similar procedures as the players.
113
In advance of Phase 3, to ensure players’ and essential staff’s
compliance with the Protocols, a virtual educational session had to be held by teams covering
COVID-19-related topics.
114
A few other conditions for return related to facilities and the traveling party had to be met
before the beginning of Phase 3. To the extent facilities were not yet open, a team’s Facility
Hygiene Officer (or someone in their stead) had to conduct a walkthrough of the facilities prior to
a resumption of team activities.
115
Specifically, facilities were to have mapped optimal paths of
travel and closed areas where individuals might be prone to clustering.
116
To do so, various visual
cues could facilitate movement through the facility.
117
Any high-trafficked areas and facility
spaces used by players or team staff needed to be cleaned and disinfected if used by any staff
within a week of reopening.
118
In advance of traveling to the “bubble,” teams needed to provide a
111
Id. at 15.
112
Id. at 16–17.
113
Id. at 17–18.
114
Id. at 18–19. Topics included: COVID-19 symptoms, testing and screening protocols, safer
travel recommendations, physical distancing rules, hand and respiratory hygiene, face covering
protocol, behavioral modifications (e.g., licking fingers, touching mouthguards), health
monitoring requirements, ways to protect family and friends, and available mental health
resources.
115
Id. at 19; Kyle Goon, For Lakers Support Staff, the Bubble has Been a Frantic, Collaborative
Effort, THE ORANGE COUNTY REGISTER (Aug. 7, 2020, 3:18 PM),
https://www.ocregister.com/2020/08/07/for-lakers-support-staff-the-bubble-has-been-a-frantic-
collaborative-effort/ [https://perma.cc/YFG8-BYE3].
116
Protocols, supra note 80, at 19.
117
Id.
118
Id. at 20.
Eric Zilber
20
“Traveling Party” list of no more than thirty-seven individuals.
119
Between thirteen and seventeen
players were required to attend, with the understanding that no guests could accompany the players
for the “bubble’s” opening.
120
Besides players, select athletic trainers, strength and conditioning
coach, equipment manager, and team security staff needed to attend.
121
To assist with resolving
issues at the “bubble” in real-time, a senior executive from each team’s basketball operations
department had to accompany the team.
122
At each team’s discretion, one member of a player’s
private security staff, personal trainer, or massage therapist could be included in the Traveling
Party if approved by the league.
123
Teams were also allowed to bring one staff member from each
of the social content and basketball communications departments.
124
When choosing which
individuals to include for traveling to the “bubble,” teams were told to identify members who could
serve cross-functional purposes in the event that one member became unavailable.
125
Given the
difficulty of ensuring each team would have appropriate medical care, the NBA arranged for team
119
Id.; Tim Reynolds, NBA Teams at Disney Had Tough Travel-Party Decisions to Make, NBA
(Jul. 10, 2020), https://www.nba.com/news/ap-teams-disney-travel-party-decisions
[https://perma.cc/H43V-G83U].
120
Protocols, supra note 80, at 20; Tim Reynolds, NBA Preparing for Restart at Disney in
Florida with Testing, Technology, 12NEWS (Jun. 18, 2020),
https://www.12news.com/article/news/health/coronavirus/nba-prepares-for-disney-with-testing-
and-technology/507-f9f1e9fb-759f-46f7-a867-33edf798a042 [https://perma.cc/MUT9-K685].
121
Protocols, supra note 80, at 20; Ethan Strauss, ‘Tamperpalooza’ and Other Considerations for
the NBA’s Orlando Bubble, THE ATHLETIC (Jun. 18, 2020),
https://theathletic.com/1879945/2020/06/18/tamperpalooza-and-other-considerations-for-the-
nbas-orlando-bubble/ [https://perma.cc/7ZSN-2MES].
122
Protocols, supra note 80, at 20.
123
Id. at 20–21.
124
Id. at 21; Eddie Moran, NBA Bubble Teams Using Social Media to Satisfy Sponsor Needs,
FRONT OFFICE SPORTS (Aug. 6, 2020, 10:56 AM), https://frontofficesports.com/nba-bubble-
social-media/ [https://perma.cc/3SW6-QFQW].
125
Protocols, supra note 80, at 21.
Eric Zilber
21
physicians to provide coverage and on-site mental health professionals.
126
For reinforcement
before the start of the playoffs, the NBA and NBPA were to jointly discuss teams being able to
bring two staff members after the first round and Conference Semifinals; also, some team staff
members might be able to rotate with others.
127
If permitted, all newly admitted (to the “bubble”)
team members would need to be cleared for travel two weeks in advance and some period of
quarantine, monitoring, and testing upon arrival to the campus.
128
Lastly, each team’s planned
operations (for Phases 2 and 3) had to be permissible under prevailing state or local laws or
regulations.
129
Phase Three
This next phase (July 1 – July (9–11)) is related to teams that required their players to
participate in workouts or treatments at a practice, training, or league-approved facility. All players
and essential staff needed to be PCR tested every other day through the day of travel to a campus.
130
Particularly, testing of asymptomatic individuals remained an important tool for reducing the
introduction of COVID-19 into the facilities.
131
Testing would be permitted so long as it did not
disadvantage at-risk populations in each team’s home community.
132
Any positive PCR test results
126
Id.; Chris Cason, Inside a Day in the Life of a Physician in the NBA Bubble, FORBES (Aug.
17, 2020, 12:33 PM), https://www.forbes.com/sites/chriscason/2020/08/17/inside-a-day-of-a-
physician-in-the-nba-bubble/ [https://perma.cc/764Q-BPX2].
127
Protocols, supra note 80, at 21. Such a decision would be communicated by the NBA in a
forthcoming memo.
128
Id.
129
Id.
130
Id. at 22; Reuters Staff, NBA Players, Staff to have COVID-19 Tests Every Other Day,
REUTERS (Jun. 14, 2020, 12:48 PM), https://www.reuters.com/article/us-basketball-nba-
coronavirus-test/nba-players-staff-to-have-covid-19-tests-every-other-day-idUSKBN23L0N9
[https://perma.cc/S8S9-ELLW].
131
Protocols, supra note 80, at 22.
132
Id.; Tom Haberstroh, COVID Testing Priority a Potential Issue for NBA, NBC SPORTS (Jul. 9,
2020), https://www.nbcsports.com/philadelphia/nba-insider-tom-haberstroh/covid-testing-
priority-potential-issue-nba [https://perma.cc/PBD4-382N].
Eric Zilber
22
would result in that individual’s self-isolation until they satisfied the requisite protocol, see Exhibit
F.
133
Alongside regular testing, players, and staff could voluntarily participate in a study with the
Yale School of Public Health that sought to develop a COVID-19 saliva-based test available to the
general population.
134
In this case, the NBA tried its best to use its unique COVID-19-testing
market position to help others in need.
Extensive precautions remained in place throughout this phase. In-person group activities
remained off-limits, though teams could engage in virtual workout sessions from players’
homes.
135
Teams were encouraged to stagger workout and treatment sessions throughout their
facilities to reduce player interactions and to allow for proper cleaning.
136
Except for during
testing, a limit of eight players could be present at a facility at any given time.
137
To reduce
interactions, no more than two (tested) team staff members could provide in-person supervision
for individual workouts.
138
Teams were also encouraged to assign staff to players to reduce the
number of staff that each player is exposed to.
139
Unless approved by the NBA, players could not
133
Protocols, supra note 80, at 72; Meredith Cash, Here’s What Happens if a Player Tests
Positive for COVID-19 Inside the NBA Bubble, INSIDER (Jun. 17, 2020, 1:24 PM),
https://www.insider.com/what-happens-if-an-nba-player-tests-positive-covid-19-2020-6
[https://perma.cc/RD5G-VPA3].
134
Protocols, supra note 80, at 22; Michael Greenwood, Yale and NBA Partner to Study Efficacy
of New COVID-19 Test, YALE NEWS (Jun. 22, 2020), https://news.yale.edu/2020/06/22/yale-and-
nba-partner-study-efficacy-new-covid-19-test [https://perma.cc/NJK5-VHSB].
135
Protocols, supra note 80, at 23; Tim Bontemps & Tim MacMahon, When There’s Nowhere to
Work Out, NBA Teams are Bringing the Gym to the Players, ESPN (Mar. 26, 2020),
https://www.espn.com/nba/story/_/id/28954151/when-there-nowhere-work-nba-teams-bringing-
gym-players [https://perma.cc/3VV6-6B5P].
136
Protocols, supra note 80, at 23.
137
Id.; Dan Woike, NBA Unveils Elaborate COVID-19 Battle Plan for Season’s Return, LOS
ANGELES TIMES (Jun. 17, 2020), https://www.latimes.com/sports/story/2020-06-17/nba-unveils-
health-plan-for-combating-covid-19 [https://perma.cc/V49Y-EQ6H].
138
Protocols, supra note 80, at 23.
139
Id.
Eric Zilber
23
use facilities other than those operated by their team.
140
As needed, staff members could provide
individual treatments to players so long as physical contact was minimized, treatment tables were
disinfected, and substances (e.g., creams, gels) from shared containers were not used.
141
At all
times – except when at home, in a car, or exercising outdoors – players and staff must continue to
wear masks or face coverings.
142
Staff must wash their hands before engaging in any physical
contact with players and wear gloves, if asked to do so by a player.
143
In most instances (excluding
certain strength and conditioning activities), twelve feet of distance had to be maintained at all
times in the team facility.
144
No more than one player could use a basket at a time.
145
As a greater
precaution, further disinfecting and cleaning procedures were necessary for training/practice
equipment, mouthpieces, linens/personal items (e.g., deodorant), and hot/cold tubs.
146
Steam
140
Id.; Virgil Villanueva, NBA Releases Details to Training Facility Reopening Guidelines As
Soon As This Week, CLUTCHPOINTS (May 6, 2020, 11:12 PM), https://clutchpoints.com/nba-
news-league-releases-details-to-training-facility-reopening-guidelines/ [https://perma.cc/B4HQ-
GUWS].
141
Protocols, supra note 80, at 24.
142
Id.; Tim Bontemps, Memo: NBA Players Must Decide by June 24 Whether to Participate in
Orlando, ABC NEWS (Jun. 17, 2020, 12:29 AM), https://abcnews.go.com/Sports/memo-nba-
players-decide-june-24-participate-orlando/story?id=71290843 [https://perma.cc/9GLW-YZ92].
143
Protocols, supra note 80, at 24.
144
Id.; Tim Daniels, Timberwolves to Open Team Facility for Individual Workouts Amid
COVID-19, BLEACHER REPORT (May 20, 2020), https://bleacherreport.com/articles/2892589-
timberwolves-to-open-team-facility-for-individual-workouts-amid-covid-19
[https://perma.cc/AC6Z-ELCX].
145
Protocols, supra note 80, at 25; Tim Reynolds, The NBA is Proceeding with Extreme Caution
Amid Coronavirus Outbreak, THE DENVER POST (May 6, 2020, 2:10 PM),
https://www.denverpost.com/2020/05/06/nba-proceeding-extreme-caution-coronavirus/
[https://perma.cc/AGN2-RA99].
146
Protocols, supra note 80, at 25; Jeff Zillgitt & Mark Medina, NBA Safety Protocols Include
Interesting Rules: No Licking Hands on Court; Ping-Pong Limited to Two Players, USA TODAY
(Jun. 17, 2020, 1:09 PM), https://www.usatoday.com/story/sports/nba/2020/06/17/nba-safety-
protocols-players-interesting-rules-no-licking-hands-court/3206460001/ [https://perma.cc/8ASQ-
SB7P].
Eric Zilber
24
rooms and dry saunas remained prohibited.
147
Food or beverages were not to be shared by players
and staff.
148
Further, no food was to be provided for consumption at the team facility except for
individually-bottled beverages and single-use food items in areas that are not shared.
149
If teams
opted to provide meals for players to consume at home, pre-packaged meals in individual
containers could be delivered or picked up by players while at the facility.
150
Additional requirements ranging from cleaning protocols to facilities changes were
required of participating teams. Unsurprisingly, external media was not permitted in this phase; all
interviews had to be done virtually.
151
Facilities cleaning and disinfecting guidance per the CDC
and EPA
152
was to be followed and regularly monitored for changes. High-traffic areas (e.g.,
doorknobs, restrooms, tables) were to be cleaned at least twice daily; all areas of the practice
facilities where players were present need to be sanitized as well.
153
All players and staff needed
147
Protocols, supra note 80, at 25; AP, NBA Pushes Plan to Reopen Facilities Until May 8 at
Earliest, USA TODAY (Apr. 27, 2020, 3:32 PM),
https://www.usatoday.com/story/sports/nba/2020/04/27/nba-pushes-plan-to-reopen-facilities-
until-may-8-at-earliest/111629996/ [https://perma.cc/Z9XY-K8L9].
148
Protocols, supra note 80, at 26.
149
Id.; Jeff Zillgitt, NBA Teams Face Extreme Safety Requirements from the League to Open
Practice Facilities, USA TODAY (Apr. 28, 2020, 2:57 PM),
https://www.usatoday.com/story/sports/nba/2020/04/28/nba-teams-extreme-safety-measures-
open-practice-facilities/3041388001/ [https://perma.cc/44EV-3RW6].
150
Protocols, supra note 80, at 26.
151
Id.; Kayla Osby, Denver Nuggets Tweet of the Week: Paul Millsap Comments on the New
Way that Media Interviews are Being Conducted, DENVER STIFFS (Aug. 1, 2020, 10:00 AM),
https://www.denverstiffs.com/2020/8/1/21350459/denver-nuggets-tweet-of-the-week-paul-
millsap-comments-on-new-way-that-interviews-are-being-done [https://perma.cc/3D46-PDRJ].
152
How to Clean and Disinfect a Facility, CENTERS FOR DISEASE CONTROL AND PREVENTION
(last visited Apr. 3, 2023), https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-
building-
facility.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-
ncov%2Fprepare%2Fdisinfecting-building-facility.html [https://perma.cc/DEQ3-8S4Y]; About
List N: Disinfectants for Coronavirus (COVID-19), UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY (last visited Apr. 3, 2023), https://www.epa.gov/coronavirus/about-list-n-
disinfectants-coronavirus-covid-19-0 [https://perma.cc/E32E-JV2E].
153
Protocols, supra note 80, at 27–28.
Eric Zilber
25
to clean their hands upon entry to the facility, every hour at the facility, and between
workouts/treatments.
154
If any individual felt sick or exhibited any COVID-19 symptoms, they
needed to report this occurrence to medical staff or an HR contact.
155
Teams needed to have
protocols for isolating individuals with COVID-19 symptoms, administering testing, and treating
any such symptoms.
156
Medical care should be provided at home until cleared to leave isolation.
157
Teams must notify a designated NBA contact, local public health authorities (as needed), and
individuals present at the facility when the infected player was there.
158
All individuals should
enter the facilities on their own after having traveled in a private or team-provided vehicle.
159
Before entry and later in the day (if present for a full day), individuals’ temperatures and symptoms
must be taken and individuals monitored by the team.
160
At-home screening may also be
completed by individuals if done at approximately the same time daily.
161
All frequently touched
objects possessed by individuals should be cleaned and disinfected upon entry.
162
154
Id.
155
Id.
156
Id.; Reuters Staff, NBA: Sixteen Players in ‘Self-Isolation’ After Testing Positive for COVID-
19, REUTERS (Jun. 26, 2020, 12:02 PM), https://www.reuters.com/article/us-health-coronavirus-
basketball-nba/nba-sixteen-players-in-self-isolation-after-testing-positive-for-covid-19-
idUSKBN23X2AJ [https://perma.cc/Y3DT-YUSZ].
157
Protocols, supra note 80, at 28.
158
Id. at 29; Mike Rosenstein, Coronavirus Spreads in the NBA: Kevin Durant Among 4 Nets
Players Who Test Positive, Team Placed in Isolation, NJ.COM (Mar. 17, 2020, 4:03 PM),
https://www.nj.com/sports/2020/03/coronavirus-spreads-in-the-nba-4-nets-players-test-
positive.html [https://perma.cc/3NND-7KUG].
159
Protocols, supra note 80, at 29; Duane Rankin, Phoenix Suns Look to Have Individual
Workouts May 16 at the Earliest Amid COVID-19, AZ CENTRAL (May 3, 2020, 4:24 PM),
https://www.azcentral.com/story/sports/nba/suns/2020/05/03/suns-prepared-have-individual-
workouts-may-16-earliest-amid-covid-19-pandemic/3075669001/ [https://perma.cc/5TCS-
NNUC].
160
Protocols, supra note 80, at 30.
161
Id.
162
Id.; CENTERS FOR DISEASE CONTROL AND PREVENTION, GUIDANCE FOR CLEANING AND
DISINFECTING (2020), https://www.cdc.gov/coronavirus/2019-
ncov/community/pdf/reopening_america_guidance.pdf [https://perma.cc/T3TF-GA4G].
Eric Zilber
26
If not previously done, teams must meet various facilities and health-related requirements.
HVAC and filtration/circulation systems should be updated to increase airflow and fresh air within
the facility.
163
Doors and windows must be opened regularly, where possible the facility should
be automated or no-touch, precautionary signage should be posted, and non-essential group spaces
should be closed.
164
There should be a health-related check-in process for players prior to traveling
to the facility.
165
Known COVID-19 cases should be monitored and coordinated by a team
physician and infectious disease specialist to determine an appropriate return timeline.
166
To avoid
various muscle and bone stress injuries, conditioning should be ramped up with input from
coaching and health and performance staff.
167
Mental health resources should be made readily
available, and individuals are encouraged to access resources through the NBPA.
168
A few miscellaneous protocols rounded out the team requirements through Phase 3 of the
“bubble.” Parking spaces were to be designated to promote social distancing among individuals.
169
163
Protocols, supra note 80, at 31; Jeff Zillgitt, NBA Teams Face Extreme Safety Requirements
from the League to Open Practice Facilities, USA TODAY (Apr. 28, 2020, 2:57 PM),
https://www.usatoday.com/story/sports/nba/2020/04/28/nba-teams-extreme-safety-measures-
open-practice-facilities/3041388001/ [https://perma.cc/UH8Z-BTPP]; Kevin Reichard, Thunder
Unveil Arena COVID-19 Mitigation Plans, ARENA DIGEST (Nov. 11, 2020),
https://arenadigest.com/2020/11/11/thunder-unveil-arena-covid-19-mitigation-plans/
[https://perma.cc/Z7LD-AJPZ].
164
Protocols, supra note 80, at 31.
165
Id.; Kevin Arnovitz, Inside the Excitement and Uncertainty as NBA Players Return to
Facilities, ESPN (May 28, 2020), https://www.espn.com/nba/story/_/id/29231318/inside-
portland-trail-blazers-training-facility-nba-age-coronavirus [https://perma.cc/A3YV-JWHY].
166
Protocols, supra note 80, at 32.
167
Id.; Kurt Helin, Will the NBA Allow Enough Time with the Restart of Games to Avoid
Injuries?, NBC SPORTS (Apr. 3, 2020, 1:11 PM), https://nba.nbcsports.com/2020/04/03/nba-
restart-games-avoid-injuries/ [https://perma.cc/SNT6-54XW].
168
Protocols, supra note 80, at 32; Brett Martel, Mental Health, Wellness Key in NBA’s Restart,
THE REGISTER-GUARD (Jul. 4, 2020, 12:53 PM),
https://www.registerguard.com/story/sports/nba/2020/07/04/mental-health-wellness-key-in-
nbarsquos-restart/112687772/ [https://perma.cc/345M-VDU3].
169
Protocols, supra note 80, at 32.
Eric Zilber
27
For purposes of monitoring compliance with all protocols, teams were to designate a Facility
Hygiene Officer and up to two designees.
170
All areas with required face-to-face interaction should
have a partition installed.
171
To maintain a proper flow of movement, separate entrances were to
be used, as well as visual markers to designate foot traffic direction.
172
Cleaning staff should be
assigned to sections of the facility for exposure reduction, and a checklist should be maintained to
ensure disinfection of high-touch/frequently used equipment.
173
Soft and porous materials (e.g.,
fabric chairs, rugs) should be removed to avoid cleaning challenges.
174
Players should be
discouraged from showering or changing clothes at the facility and, if permitted, distancing must
be maintained, and clean practice gear can be provided.
175
Towels and other sweat-absorbing
items should be provided to reduce players touching their faces.
176
Laundering of used cloth
materials should be done after every use and on the warmest appropriate setting.
177
When possible,
170
Id.
171
Protocols, supra note 80, at 33; Angela Eykelbosh, Physical Barriers for COVID-19 Infection
Prevention and Control in Commercial Settings, NATIONAL COLLABORATING CENTRE FOR
ENVIRONMENTAL HEALTH (May 13, 2020), https://ncceh.ca/content/blog/physical-barriers-covid-
19-infection-prevention-and-control-commercial-settings [https://perma.cc/BJ9Q-YKNU].
172
Protocols, supra note 80, at 33; Brevity & Wit, Library of Behavioral Nudges Being Used to
Combat Coronavirus, MEDIUM (Apr. 1, 2020), https://medium.com/usabilitygeek/library-of-
behavioral-nudges-being-used-to-combat-coronavirus-10d0de898538 [https://perma.cc/LU3M-
CNGT].
173
Protocols, supra note 80, at 33.
174
Id. at 34; AARON GREEN, CHEN SHEN & YANEER BAR-YAM, CORONAVIRUS GUIDELINES FOR
CLEANING AND DISINFECTING TO PREVENT COVID-19 TRANSMISSION (2020),
https://necsi.edu/coronavirus-guidelines-for-cleaning-and-disinfecting-to-prevent-covid-19-
transmission [https://perma.cc/BA43-VT44].
175
Protocols, supra note 80, at 34; David Wharton, Coronavirus Makes Locker Rooms Potential
Danger Zones, LOS ANGELES TIMES (Jun. 12, 2020, 5:00 AM),
https://www.latimes.com/sports/story/2020-06-12/coronavirus-makes-sports-locker-rooms-
danger-zone [https://perma.cc/U5QM-YPHN].
176
Protocols, supra note 80, at 34.
177
Id.; Rachel Rabkin Peachman, How to Prevent the Spread of COVID-19 While Doing
Laundry, CONSUMER REPORTS (Mar. 25, 2020),
https://www.consumerreports.org/laundry/prevent-spread-of-covid-19-while-doing-laundry-
a3919570368/ [https://perma.cc/C8X3-797E].
Eric Zilber
28
equipment should be provided to players on an individual basis especially items that are absorbent
and difficult to disinfect.
178
With respect to food preparation, such areas should be sanitized daily
before and after cooking; staff must wear disposable gloves and a facemask at all times.
179
Food
deliveries to the facility should be limited as much as possible to reduce contact with external
individuals.
180
Similarly, players should only eat at their residence and with household
members.
181
In event that a substitute player is signed by a team after July 1, 2020, he must
undergo a medical history review and relevant COVID-19 testing before engaging in any team
activities.
182
Phase Three-A
Teams were next expected to travel in cohorts to Orlando over the course of three days
(July (7–9) – July (9–11)).
183
During the transition, every traveling member took part in a second
virtual education and training session led by the team physician and infectious disease specialist.
184
Teams needed to arrive either by charter flight or by bus to the ESPN campus.
185
Only individuals
178
Protocols, supra note 80, at 34.
179
Id. at 35.
180
Id.
181
Id.
182
Id. at 36; Bobby Marks, 2020 NBA Restart Key Dates: Playoffs, Draft and Free-Agency
Schedule, ESPN (Jul. 21, 2020), https://www.espn.com/nba/story/_/id/29256760/2020-nba-
restart-key-dates-playoffs-draft-free-agency-schedule [https://perma.cc/X9AT-XVUN]; No
Celtics Have Opted Out of Orlando, Brad Stevens Says, NBC Sports (Jul. 01, 2020),
https://www.nbcsports.com/boston/celtics/2020-nba-restart-no-celtics-have-opted-out-orlando-
brad-stevens-says [https://perma.cc/ZK2R-QMWH]; Michael Kaskey-Blomain, NBA
Transaction Window Closed: Tracking All Team Moves, Players Signed, Top Free Agents
Remaining, CBS SPORTS (Jul. 1, 2020), https://www.cbssports.com/nba/news/nba-transaction-
window-closed-tracking-all-team-moves-players-signed-top-free-agents-remaining/
[https://perma.cc/45RQ-R6VB].
183
Protocols, supra note 80, at 37.
184
Id.
185
Id.; Kurt Helin, NBA Orlando Restart: What Players Can Expect As They Arrive at the
Bubble, NBC SPORTS (Jul. 7, 2020, 8:00 AM), https://nba.nbcsports.com/2020/07/07/nba-
orlando-restart-what-players-can-expect-as-they-arrive-at-bubble/ [https://perma.cc/3BF2-
AYEF].
Eric Zilber
29
who had only tested negative via PCR test or had discontinued isolation (after a positive result)
could attend if they had no COVID-19 symptoms and were not otherwise exposed to COVID-
19.
186
In relation to traveling, teams needed to discuss best practices for hand and respiratory
hygiene, conduct a temperature/symptom screening, require masks or face covering, and maximize
physical distancing.
187
To reduce touchpoints, if food service was necessary, only individual pre-
packaged servings and bottled beverages could be provided.
188
Prior to using the plane and/or bus,
transportation vendors ensured thorough cleaning and disinfecting.
189
All transportation personnel
had to be temperature checked and masked with appropriate PPE.
190
Out of an abundance of
caution, teams rear-loaded their players out of the team buses installed a driver-passenger barrier,
and employed a designated luggage handler.
191
Buses with cloth seats were to be avoided.
186
Protocols, supra note 80, at 37; C. Brandon Ogbunu, The NBA Bubble is a Grand Experiment
in Epidemiology, ANDSCAPE (Jul. 30, 2020), https://andscape.com/features/the-nba-bubble-is-a-
grand-experiment-in-epidemiology/ [https://perma.cc/7BKQ-A9WK]; Dan Woike, Five NBA
Teams Begin Practices in Orlando Bubble: ‘Honestly, It Feels Strange’, Los Angeles Times (Jul.
9, 2020, 6:32 PM), https://www.latimes.com/sports/story/2020-07-09/nba-teams-settle-into-
orlando-bubble-complaints-and-comforts [https://perma.cc/D9UM-XZC2].
187
Protocols, supra note 80, at 37–38.
188
Id. at 38; GQ Staff, The Food from the NBA’s Orlando Bubble is Being Described As Fyre
Fest 2.0, GQ AUSTRALIA (Jul. 9, 2020), https://www.gq.com.au/fitness/sport/the-food-from-the-
nbas-orlando-bubble-is-being-described-as-fyre-fest-20/news-
story/9d83cac0fcaffc98eaa8407ae6f093b6 [https://perma.cc/J5TT-SZJE]; Ahiza Garcia-Hodges,
‘This Ain’t It’: NBA Players React to Being in the Walt Disney World Bubble, NBC News (Jul.
10, 2020), https://www.nbcnews.com/news/sports/ain-t-it-nba-players-react-being-walt-disney-
world-n1233396 [https://perma.cc/B4VP-J35H].
189
Protocols, supra note 80, at 38; Ben Cohen, This Week Will Decide the Rest of the NBA
Season, THE WALL STREET JOURNAL (Jul. 7, 2020, 8:00 AM), https://www.wsj.com/articles/nba-
bubble-entry-virus-disney-world-11594101142 [https://perma.cc/J7WK-48RE].
190
Protocols, supra note 80, at 38; James Herbert, Florida’s COVID-19 Cases are Surging, and
That Could Ruin the NBA’s Disney World Bubble Plan, CBS SPORTS (Jun. 23, 2020, 9:07 AM),
https://www.cbssports.com/nba/news/floridas-covid-19-cases-are-surging-and-that-could-ruin-
the-nbas-disney-world-bubble-plan/ [https://perma.cc/F2MP-YYS6].
191
Protocols, supra note 80, at 38.
Eric Zilber
30
Otherwise, they had to be vacant for five days prior to use.
192
Upon arrival at the airport, two
buses transported each team directly to campus; luggage traveled separately.
193
Once on campus,
all individuals were required to wash their hands properly.
194
Precautions continued to extend during the teams’ arrival. All individuals had to undergo
PCR testing coordinated by a league-affiliated testing provider.
195
In the event of any positive test
result, said individual could not participate in team activities on campus and had to follow the
associated protocols, see Exhibit F.
196
During the period between July 7 and 13, only two out of
the 322 players that arrived at the “bubble” returned confirmed positive test results; both players
left the bubble to self-isolate.
197
MagicBands
198
were also distributed for use on campus.
199
192
Id.; AMERICAN PUBLIC TRANSPORTATION ASSOCIATION STANDARDS DEVELOPMENT
PROGRAM, CLEANING AND DISINFECTING TRANSIT VEHICLES AND FACILITIES DURING A
CONTAGIOUS VIRUS PANDEMIC (2020), https://www.apta.com/wp-
content/uploads/APTA_WP_Cleaning_and_Disinfecting_Transit_Vehicles_and_Facilities_Durin
g_a_Contagious_Virus_Pandemic_FINAL_6-22-2020.pdf [https://perma.cc/7BDJ-3TZN].
193
Protocols, supra note 80, at 39.
194
Id.; Cohen, supra note 189.
195
Protocols, supra note 80, at 39; Cohen, supra note 189.
196
Protocols, supra note 80, at 39.
197
Two NBA Players Test Positive for COVID-19 Since Entering the Bubble, NBC SPORTS (Jul.
13, 2020), https://www.nbcsports.com/northwest/portland-trail-blazers/two-nba-players-test-
positive-covid-19-entering-bubble [https://perma.cc/RJH7-7RPK]; Keith Pompey, Two NBA
Players Test Positive for Coronavirus at Walt Disney World, THE PHILADELPHIA INQUIRER (Jul.
14, 2020), https://www.inquirer.com/sports/coronavirus-nba-players-test-positive-bubble-extra-
quarantine-20200714.html [https://perma.cc/RAG7-YE3T]; Chris Cwik, NBA Announces Two
out of 322 Coronavirus Tests Came Back Positive As Players Report to Bubble, YAHOO! SPORTS
(Jul. 13, 2020), https://www.yahoo.com/now/nba-announces-two-out-of-322-coronavirus-tests-
came-back-positive-as-players-report-to-bubble-211439355.html [https://perma.cc/6DLL-6E6E].
198
Wristbands that acted as a passport inside the NBA campus. With a tap, these bands would
act as a key to open doors (even to individual rooms). The MagicBands were specifically
reprogrammed to the specifications of the NBA campus, e.g., by not permitting entry to practice
or arena facilities if one did not record their temperature and health chart daily; Shaun Powell,
Disney World Diary: MagicBand Passports Reprogrammed to Keep Campus Safe, NBA (Jul. 23,
2020), https://www.nba.com/news/disney-world-diary-day-11 [https://perma.cc/M6XG-WGQT].
199
Protocols, supra note 80, at 39; Jessica Golden, Inside the NBA’s Plan to Use Smart
Technology and Big Data to Keep Players Safe from Coronavirus, CNBC (Jun. 17, 2020, 1:40
Eric Zilber
31
Appropriate distance between individuals had to be maintained during check-in.
200
For the
duration of their stay, players, coaches, and health/performance staff were not to share elevators
with other individuals from the team.
201
If possible, staggered elevator rides were encouraged.
202
Disinfected luggage and personal belongings were to be picked up by their owners, assisted by a
team’s staff member(s), and/or potentially Disney hotel staff.
203
Disney cast members were not to
deliver luggage inside a player’s or staff’s room.
204
An in-room quarantine followed until the
check-in PCR test returned negative, and another PCR test was taken (at least 24 hours after the
first) and returned negative.
205
In total, individuals were to expected remain in their rooms for
approximately 36 to 48 hours.
206
All meals during this time would be delivered directly to the
respective room.
207
PM), https://www.cnbc.com/2020/06/17/nba-coronavirus-plan-smart-technology-to-keep-
players-safe.html [https://perma.cc/JD3K-FNHD].
200
Protocols, supra note 80, at 39.
201
Id.; Bruce Arthur, Ready or Not, the NBA Has Given Us 113 Pages on How to Play During a
Pandemic, TORONTO STAR (Jun. 17, 2020),
https://www.thestar.com/sports/opinion/2020/06/17/ready-or-not-the-nba-has-given-us-113-
pages-on-how-to-play-during-a-pandemic.html [https://perma.cc/YJ9W-H7V2].
202
Protocols, supra note 80, at 39.
203
Id.
204
Protocols, supra note 80, at 39; Mark Medina, How Disney Employees Will Work Inside the
NBA’s Campus Bubble Site, USA TODAY (Jun. 28, 2020, 12:22 AM),
https://www.usatoday.com/story/sports/nba/2020/06/28/how-disney-world-employees-work-
inside-nba-bubble-campus/3273427001/ [https://perma.cc/K6MN-WXBQ].
205
Protocols, supra note 80, at 40; Kathleen Elkins, The NBA is Set to Resume Its Season at
Disney World This Month—Here’s What Life for Players Will Look Like on Campus, CNBC (Jul.
8, 2020, 2:21 PM), https://www.cnbc.com/2020/07/08/what-life-for-nba-players-will-look-like-
at-disney-world.html [https://perma.cc/K42T-D6DJ].
206
Protocols, supra note 80, at 40; Marc Stein, Swabs and Sensors: Memos Offer Details of Life
in NBA ‘Bubble’, THE NEW YORK TIMES (Jun. 16, 2020),
https://www.nytimes.com/2020/06/16/sports/basketball/nba-bubble-coronavirus-disney-
world.html [https://perma.cc/93VC-ZSGQ].
207
Protocols, supra note 80, at 40; Brittanie Shey, Houston Restaurateur Tilman Fertitta’s
Culinary Empire is Feeding NBA Players in Quarantine, EATER HOUSTON (Jul. 9, 2020, 10:36
AM), https://houston.eater.com/2020/7/9/21317358/tilman-fertitta-landrys-feeding-nba-
quarantine-midtown-houston-fiesta-closing [https://perma.cc/8DHW-38RD]; Ben Golliver,
Eric Zilber
32
Phase Four
After Phase Three-A, teams that participated in team activities in the “bubble” needed to
abide by further protocols from July 9–21. Given that teams arrived at the campus on staggered
dates, and to ensure equal time for team activities, teams would play their first games in a
sequential order (e.g., teams arriving as part of the July 9 cohort would play one another).
208
Players and team staff (Tiers 1 and 2) continued to be subject to regular PCR testing, with testing
administered by the league.
209
Test samples would be collected via a non-nasopharyngeal swab,
with a possibility of saliva testing depending on research conducted via Phase Three. To reduce
turnaround times, samples from players, coaches, and referees would be collected in the evening,
with results ideally produced by morning.
210
Each campus hotel would have swabbing capabilities
throughout the day with rolling testing.
211
To increase the surrounding community’s testing
capacity, the league would donate some of its own.
212
Any positive PCR test result could
Inside the NBA’s Health Plan to Safely Hold Games at Disney World Bubble, THE WASHINGTON
POST (Jun. 17, 2020, 6:00 AM), https://www.washingtonpost.com/sports/2020/06/17/inside-
nbas-health-plan-safely-hold-games-disney-world-bubble/ [https://perma.cc/9ZEC-DMTP].
208
Protocols, supra note 80, at 41; Sopan Deb & Scott Cacciola, The NBA is Coming Back.
There are 113 Pages of New Rules., THE NEW YORK TIMES (Jun. 17, 2020),
https://www.nytimes.com/article/nba-return-health-rules.html [https://perma.cc/RM26-RCKY].
209
Protocols, supra note 80, at 41.
210
Protocols, supra note 80, at 41; Joe Vardon, Inside the NBA Bubble: The Truths about
COVID-19 Testing and the League, THE ATHLETIC (Jul. 14, 2020),
https://theathletic.com/1927220/2020/07/14/inside-the-nba-bubble-the-truths-about-covid-19-
testing-and-the-league/ [https://perma.cc/C2SD-TQAB].
211
Protocols, supra note 80, at 41; Ben Golliver, What’s It Like in the NBA’s Disney Bubble?
For Me, Hotel Room Workouts and Lots of Time to Think, THE WASHINGTON POST, (Jul. 18,
2020, 5:34 PM), https://www.washingtonpost.com/sports/2020/07/16/nba-bubble-disney-hotel-
quarantine/ [https://perma.cc/W59S-7W4W].
212
Protocols, supra note 80, at 41; Blake Schuster, NBA Announces Program Providing COVID-
19 Tests to Marginalized Communities, BLEACHER REPORT (Jul. 29, 2020),
https://bleacherreport.com/articles/2902279-nba-announces-program-providing-covid-19-tests-
to-marginalized-communities [https://perma.cc/GG8G-ALV3]; Jessica Golden, Meg Tirrell &
Leanne Miller, NBA Says It’s Adding Coronavirus Testing Resources in Florida, Not Taking
Them Away from the Community, CNBC (Jul. 15, 2020, 1:59 PM),
Eric Zilber
33
immediately result in a team physician’s being notified and the potentially infected individual not
being permitted to participate in team activities until they follow the requisite process, see Exhibit
F.
213
Non-team campus residents (Tiers 2 and 6) had to complete regular PCR testing. Meanwhile,
Disney cast members residing off-campus wore face coverings.
214
Further, cast members could
not be in the same room with a player or team staff member without maintaining six feet of
distance.
215
Beyond PCR, the league was examining research options for Tier 1 personnel to
participate in point-of-care testing (if available) on campus.
216
Results and associated preparations
would support ongoing COVID-19 research.
217
Such testing would happen two to four hours
before a practice or game, with positive test results also barring participation in team activities.
218
Players and team staff needed to engage in “Daily Health Monitoring,” which included
daily temperature recordings as well as checking vital signs, symptoms, and blood oxygen
saturation (pulse oximetry).
219
Multiple screening stations were erected by the league at the
https://www.cnbc.com/2020/07/15/nba-adding-coronavirus-testing-resources-not-taking-them-
away.html [https://perma.cc/ACN4-8UMM].
213
Protocols, supra note 80, at 41.
214
Id. at 42; Mark Medina, How Disney Employees Will Work Inside the NBA’s Campus Bubble
Site, USA TODAY (Jun. 28, 2020, 12:22 AM),
https://www.usatoday.com/story/sports/nba/2020/06/28/how-disney-world-employees-work-
inside-nba-bubble-campus/3273427001/ [https://perma.cc/WZ99-5RL9].
215
Protocols, supra note 80, at 42; Medina, supra note 214.
216
Protocols, supra note 80, at 42; Mike Florio, NBA Explains Its Partnership with BioReference
for COVID-19 Testing, NBC SPORTS (Jul. 10, 2020, 12:05 PM),
https://profootballtalk.nbcsports.com/2020/07/10/nba-explains-its-partnership-with-bioreference-
for-covid-19-testing/ [https://perma.cc/2TXX-WK46].
217
Protocols, supra note 80, at 42; Lisa Eadicicco, The NBA Bubble Has Rolled Out Some Wild
Technology to Help Keep Players, Coaches, and Staff COVID-free—Including a $300 Smart
Ring That Can Monitor Biometric Data, BUSINESS INSIDER (Aug. 26, 2020, 2:04 PM),
https://www.businessinsider.com/nba-bubble-oura-smart-ring-used-by-quarter-of-campus-2020-
8 [https://perma.cc/9SPQ-F8B8].
218
Protocols, supra note 80, at 42.
219
Id. at 42; Andrew Greif, What the Lakers and Clippers Can Expect During Game Day in the
Bubble, LOS ANGELES TIMES (Jun. 18, 2020), https://www.latimes.com/sports/story/2020-06-
18/what-the-lakers-and-clippers-can-expect-during-gameday-in-the-bubble
Eric Zilber
34
WWOS Complex and campus hotel entrances, along with COVID-19 testing areas, to monitor the
daily health of individuals prior to entering a facility.
220
Testers will don PPE, and test subjects
will wear a face covering while maintaining physical distance from other subjects.
221
All campus
residents will additionally receive an individual smart thermometer that can record temperatures
for the league.
222
Self-reporting of symptoms continued to be required, and if symptoms were
present, it would result in that individual’s not participating in team activities as well as
quarantine.
223
Residents would also be provided with a pulse oximeter that takes and records blood
oxygen saturation levels for the league.
224
Players and essential staff could optionally participate
in using a wearable device (a ring) that creates a wellness assessment based on metrics including
[https://perma.cc/8ZLJ-D2WV]; Samantha Previte, NBA to Use ‘Smart Rings,’ Big Data to Fight
Coronavirus in Disney Bubble, NEW YORK POST (Jun. 19, 2020, 10:04 AM),
https://nypost.com/2020/06/19/nba-to-use-smart-rings-to-detect-coronavirus-within-bubble/
[https://perma.cc/JM24-Z7AC].
220
Protocols, supra note 80, at 42; Mark Medina, Inside the NBA Bubble: What is Life Like for
the Media on the Disney World Campus?, USA TODAY (Jul. 13, 2020, 8:00 AM),
https://www.usatoday.com/story/sports/nba/columnist/mark-medina/2020/07/13/inside-nba-
bubble-reporters-media-disney-world-campus/5424935002/ [https://perma.cc/3VEQ-MSFS].
221
Protocols, supra note 80, at 42; Gary Washburn, How the NBA Created a COVID-Free
Bubble and Made It the Safest Place on Earth, THE BOSTON GLOBE (Nov. 2, 2020, 7:50 PM),
https://www.bostonglobe.com/2020/11/02/sports/with-careful-planning-total-commitment-nba-
constructed-safest-place-earth/ [https://perma.cc/6CHZ-6P4K].
222
Protocols, supra note 80, at 43; Kevin Maney, What Made the NBA Bubble Work? Data,
STRATEGY + BUSINESS (Nov. 24, 2020), https://www.strategy-business.com/blog/What-made-
the-NBA-bubble-work-Data [https://perma.cc/L8DG-XUPR]; Marc Stein, I Spent 54 Days in the
NBA Bubble. Here’s the Gear I Couldn’t Live Without., THE NEW YORK TIMES (Sep. 17, 2020),
https://www.nytimes.com/wirecutter/blog/marc-stein-nba-quarantine-gear/
[https://perma.cc/BE7W-W3WY]; Mark Medina, How NBA is Using Technology to Help with
Health and Safety Protocols Inside Orlando Bubble, USA TODAY (Jul. 16, 2020, 7:00 AM),
https://www.usatoday.com/story/sports/nba/2020/07/16/nba-2020-return-disney-world-bubble-
safety-aided-technology/5448594002/ [https://perma.cc/G363-4KPM].
223
Protocols, supra note 80, at 43; Shams Charania, Inside the NBA Bubble: Details from NBPA
Memo Obtained by The Athletic, THE ATHLETIC (Jun. 16, 2020),
https://theathletic.com/1876737/2020/06/16/inside-the-nba-bubble-details-from-nbpa-memo-
obtained-by-the-athletic/ [https://perma.cc/J9SM-RTG5].
224
Protocols, supra note 80, at 43; Maney, supra note 222; Stein, supra note 222; Medina, supra
note 222.
Eric Zilber
35
temperature, respiratory metrics, and heart rate.
225
Teams were required to document the above
information in a league health platform.
226
All residents needed to always wear a Disney
MagicBand, except when exercising, and scan it to gain access to most areas on campus (e.g., hotel
room, COVID-19 testing).
227
Disney, however, was prohibited from accessing location-based or
health information for any player.
228
With respect to securing entry into various campus facilities,
the NBA considered using an access control software that would determine access after syncing
with an individual’s latest test results, status, and Daily Health Monitoring inputs.
229
Other
individuals on campus residing on campus underwent the same Daily Health Monitoring.
230
Disney Category 1 and 2 cast members not residing on-campus or coming in close proximity to
225
Protocols, supra note 80, at 43; Ben Cohen, Why Every NBA Player is Getting a Ring, THE
WALL STREET JOURNAL (Jun. 22, 2020, 6:04 AM), https://www.wsj.com/articles/nba-oura-ring-
disney-bubble-11592809399 [https://perma.cc/87B2-ZNVK]; Aaron Mak, What the NBA’s $300
COVID-Detecting Rings Can Actually Accomplish, SLATE (Jun. 22, 2020, 5:59 PM),
https://slate.com/technology/2020/06/nba-coronavirus-oura-ring-orlando.html
[https://perma.cc/9MZ9-YMAH].
226
Protocols, supra note 80, at 43; Shams Charania & Sam Amick, Details Inside NBA’s 113-
Page Health and Safety Manual Obtained by The Athletic, THE ATHLETIC (Jun. 17, 2020),
https://theathletic.com/1877377/2020/06/17/details-inside-nbas-113-page-health-and-safety-
manual-obtained-by-the-athletic/ [https://perma.cc/3JXY-949R].
227
Protocols, supra note 80, at 43; TJ Muscaro, NBA to Use Disney Magic Bands to Monitor
Health, INSIDE THE MAGIC (Jun. 23, 2020), https://insidethemagic.net/2020/06/nba-disney-world-
magicbands-tm1/ [https://perma.cc/Q4GE-TE3V]; Jordan Rose, Here’s the ‘Smart Ring’ NBA
Players Will Wear to Monitor COVID-19 Symptoms While in Orlando, COMPLEX, (Jun. 18,
2020), https://www.complex.com/sports/2020/06/nba-players-to-wear-smart-ring-to-monitor-
covid-19-symptoms [https://perma.cc/3JWM-M2GK].
228
Protocols, supra note 80, at 43.
229
Id. at 44.; Jessica Golden, Inside the NBA’s Plan to Use Smart Technology and Big Data to
Keep Players Safe from Coronavirus, CNBC (Jun. 17, 2020, 1:40 PM),
https://www.cnbc.com/2020/06/17/nba-coronavirus-plan-smart-technology-to-keep-players-
safe.html [https://perma.cc/W5VY-EE9W].
230
Protocols, supra note 80, at 44; Tim Krasniewski, NBA Hotels Revealed; Grand Floridian
Among Them, DVCNEWS (Jun. 17, 2020), https://dvcnews.com/resorts/grand-
floridian/news/4786-nba-hotels-revealed-grand-floridian-among-them [https://perma.cc/KB9C-
7VY9].
Eric Zilber
36
players or team staff will use Disney’s screening/self-assessment and not the NBA’s.
231
Coaches,
health and performance staff, and players were instructed to be mindful of conditioning, with a
focus on preventing ligament, tendon, muscle, and bone stress injuries.
232
Mental health resources
were made available, and players were encouraged to utilize these resources, particularly for
anxiety and stress related to being away from their household/family members.
233
Telehealth
access was required for teams that did not include a clinician as part of their Traveling Party; NBA
was exploring an on-site mental health resource for direct player services.
234
231
Protocols, supra note 80, at 44; Paul Kasabian, Report: NBA Players Have COVID-19 Test
Concerns for Disney Staff Leaving Bubble, BLEACHER REPORT (Jun. 21, 2020),
https://bleacherreport.com/articles/2897065-report-nba-players-have-covid-19-test-concerns-for-
disney-staff-leaving-bubble [https://perma.cc/MR9W-U76F]; How Disney Employees Will Work
Inside the NBA’s Campus Bubble Site, HEAD TOPICS (Jun. 28, 2020, 9:30 AM),
https://headtopics.com/us/how-disney-employees-will-work-inside-the-nba-s-campus-bubble-
site-13964474 [https://perma.cc/J3B7-ZJKE].
232
Protocols, supra note 80, at 44; see generally, Nicole S. Belkin, Why Athletes are More
Susceptible to Injuries Amid the Pandemic—and How to Prevent Getting Hurt, HEALTH
MATTERS (last visited Apr. 20, 2023), https://healthmatters.nyp.org/why-athletes-are-more-
susceptible-to-injuries-amid-the-covid-pandemic-and-how-to-prevent-them/amp/
[https://perma.cc/2QBJ-KLA6]; Alex Kennedy, Study: There Were Significantly Fewer Injuries
in NBA Bubble, BASKETBALL NEWS (Nov. 7, 2020, 3:55 AM),
https://www.basketballnews.com/stories/nba-bubble-injuries-fewer-hurt-out-games-missed-
playoffs-study-orlando-players [https://perma.cc/3Y5D-TYG3]; Zach Lowe, The Enormous
Risks and Stakes Driving the NBA’s Safety Discussions, ESPN (Jun. 12, 2020),
https://www.espn.com/nba/story/_/id/29303051/the-enormous-risks-stakes-driving-nba-safety-
discussions [https://perma.cc/LY3Z-63MW].
233
Protocols, supra note 80, at 44; Baxter Holmes, Navigating the Mental Aspects of Life in the
NBA Bubble, ESPN (Jul. 17, 2020), https://www.espn.com/nba/story/_/id/29478260/navigating-
mental-aspects-life-nba-bubble [https://perma.cc/F4MN-USHC]; Amit Kamath, NBA: How
League, Players Association Helped Athletes Deal with Mental Health Issues in Bubble, FIRST
POST (Oct. 3, 2020, 9:09 AM), https://www.firstpost.com/sports/nba-how-league-players-
association-helped-athletes-deal-with-mental-health-issues-in-bubble-8874191.html
[https://perma.cc/AH9W-UAGC].
234
Protocols, supra note 80, at 44; Jeff Zillgitt, NBA Increasing Mental Health Resources for
Players During Season Restart, USA TODAY (Jul. 7, 2020, 7:00 AM),
https://www.usatoday.com/story/sports/nba/2020/07/07/nba-mental-health-resource-plan-for-
season-restart/5388316002/ [https://perma.cc/9ABJ-Y4L7]; Alex Wong, Maintaining Mental
Health a Daily Challenge for Those Inside NBA Bubble, YAHOO! (Sept. 7, 2020),
Eric Zilber
37
Generally, individuals remained on campus. That said, no one was precluded from leaving,
although the expectation was that it would only occur under extenuating circumstances and with
prior league approval.
235
Security checkpoints on campus monitored individuals and vehicles
entering or leaving. The campus will include WWOS Complex (see Exhibit B), practice court set-
ups, any hotel secured by NBA, any auxiliary sites secured by NBA for player or staff use (e.g.,
golf course), and any other sites designated by NBA for medical purposes.
236
Players or staff that
left campus were subject to a re-entry protocol: including enhanced testing (via nasopharyngeal
swab) and quarantine.
237
Quarantine meant ten (up to fourteen, if directed by NBA physician)
days in a hotel room or campus property.
238
If a player left campus after receiving league approval,
https://www.yahoo.com/now/maintaining-mental-health-a-daily-challenge-for-those-inside-the-
nba-bubble-163615581.html [https://perma.cc/RED5-NQFP].
235
Protocols, supra note 80, at 45. E.g., medical care off-campus, birth of a child, severe illness
or death in family, or previously scheduled family wedding; Jordan Greer, What Happens If an
NBA Player Leaves the Bubble? Here are the Rules for Coronavirus Testing & Compliance,
SPORTING NEWS (Jul. 30, 2020), https://www.sportingnews.com/us/nba/news/nba-bubble-rules-
coronavirus-testing/1cjny9bf1uaqb18fhcyucus7kk [https://perma.cc/5F48-YSHZ].
236
Protocols, supra note 80, at 45; Photos: first Look at NBA Orlando Bubble Facilities, Courts,
NBC SPORTS (last visited Apr. 21, 2023), https://www.nbcsports.com/chicago/bulls/photos-first-
look-nba-orlando-bubble-facilities-courts [https://perma.cc/C2BV-CX44]; Tim Bontemps &
Brian Windhorst, The NBA in a Bubble: The Blueprint for How the League Could finish the
2019-20 Season, ESPN (May, 24, 2020), https://www.espn.com/nba/story/_/id/29120877/the-
nba-bubble-blueprint-how-league-finish-2019-20-season [https://perma.cc/L6TM-DM2R]; TJ
Muscaro, WDW NBA Update: Hotels and Player Perks Announced, INSIDE THE MAGIC (Jun. 16,
2020), https://insidethemagic.net/2020/06/nba-disney-world-update-tm1/
[https://perma.cc/6EA8-X7TZ].
237
Protocols, supra note 80, at 45; see, e.g., Jason Owens, Kings’ Richaun Holmes Placed in
Quarantine After Breaking Bubble for Food Delivery, YAHOO! (Jul. 13, 2020),
https://www.yahoo.com/lifestyle/kings-richaun-holmes-placed-in-quarantine-after-breaking-nba-
bubble-for-takeout-food-205057060.html [https://perma.cc/NM2V-EZ8Y]; Cindy Boren, Lou
Williams, Back from Quarantine, Regrets Stopping for Wings at a Strip Club, THE WASHINGTON
POST (Aug. 05, 2020), https://www.washingtonpost.com/sports/2020/08/05/lou-williams-back-
quarantine-regrets-stopping-wings-strip-club/ [https://perma.cc/DG3J-TSLF].
238
Protocols, supra note 80, at 45; Rob Goldberg, Report: Excused NBA Bubble Absence
Requires 4 Days Quarantine, 10 for Unexcused, BLEACHER REPORT (Jul. 3, 2020),
https://bleacherreport.com/articles/2898787-report-excused-nba-bubble-absence-requires-4-days-
quarantine-10-for-unexcused [https://perma.cc/2RZS-QQZE]; Markham Heid, How the NBA
Eric Zilber
38
the player’s quarantine would be four (subject to extension by physician) days provided that the
player had: i) negative daily PCR test result for all days off-campus or ii) negative daily PCR test
for preceding seven days.
239
To exit quarantine a player had to undergo a final PCR test via
nasopharyngeal swab.
240
Pay was adjusted for any missed games while off-campus or in
quarantine if the absence was not due to an extenuating circumstance.
241
Various restrictions were instituted to lessen the probability of coronavirus infection. Until
the conclusion of Phase 4, each campus hotel served as a “zone,” with residents not permitted to
intermingle with different zones.
242
Limits would also be placed on the number of individuals on
a shuttle to access another zone.
243
Group workouts, practices, meetings, skills or conditioning
sessions, and other team activities were to be held on-campus and scheduled with the NBA.
244
Teams could conduct practices on two side-by-side courts and had access to a training and weight
room within a short walk of the practice courts.
245
Teams were given three-hour windows of
Bubble Works, POPULAR MECHANICS (Aug. 25, 2020),
https://www.popularmechanics.com/science/health/a33796756/nba-bubble/
[https://perma.cc/9F95-MLQC].
239
Protocols, supra note 80, at 45; Goldberg, supra note 238.
240
Protocols, supra note 80, at 45.
241
Id., at 46; Bill DiFilippo, Report: NBA Players Who Leave the Bubble League Without
Permission Will Have ‘Reduced Compensation’, UPROXX (Jun. 16, 2020),
https://uproxx.com/dimemag/report-nba-players-leave-bubble-league-rules-reduced-
compensation-details/ [https://perma.cc/ZH2A-4RRD]; Greer, supra note 235.
242
Protocols, supra note 80, at 46; Mary Harris, The Bizarre Stories of Everyday Life Within the
NBA Bubble, SLATE (Jul. 22, 2020, 3:55PM), https://slate.com/culture/2020/07/nba-bubble-
coronavirus-orlando-life.html [https://perma.cc/S49G-5PLE].
243
Protocols, supra note 80, at 46.
244
Id. at 46; Marc Stein, Swabs and Sensors: Memos Offer Details of Life in N.B.A. ‘Bubble’,
THE NEW YORK TIMES (Jun. 16, 2020),
https://www.nytimes.com/2020/06/16/sports/basketball/nba-bubble-coronavirus-disney-
world.html [https://perma.cc/3F9B-3C5F].
245
Protocols, supra note 80, at 46; NBC SPORTS, supra note 236; Mark Medina, Inside the
NBA’s Bubble Setup at the ESPN Wide World of Sports Complex During Resumed 2020 Season,
USA TODAY (Jun. 16, 2020, 8:28, PM),
Eric Zilber
39
exclusive use of each practice court, after which Disney would clean and disinfect the
equipment.
246
About four teams shared the use of a practice court, with only one team permitted
to use the court at a time.
247
The NBA made available individual workout spaces that could be
reserved for up to six players from the same team or hotel after team practices finished.
248
Teams
were granted access to two rooms to use for team meetings and video sessions, although physical
distancing and face coverings rules still applied.
249
Disney cast members disinfected and
frequently cleaned training and practice equipment in accordance with the Protocols, but at a
minimum, in between uses by different teams.
250
NBA, NBPA, teams, and Disney were working
to provide recovery services (NormaTec and Game Ready) and would distribute guidance once
finalized.
251
https://www.usatoday.com/story/sports/nba/2020/06/16/nba-disney-world-bubble-inside-espn-
wide-world-sports-setup/3203198001/ [https://perma.cc/3EAR-3BVJ].
246
Protocols, supra note 80, at 46; Tim Reynolds, NBA Lays Out Specific Plans for Restart to
Teams, Players, NBA (Jun. 16, 2020, 7:47 PM), https://www.nba.com/news/nba-plans-disney-
restart-teams-players [https://perma.cc/5AAR-KGS5]; Jake Fischer, How the NBA Built Its
Bubble Courts, GQ SPORTS (Jul. 31, 2020), https://www.gq.com/story/nba-bubble-courts-2020
[https://perma.cc/53LN-A229]; Tim Reynolds, NBA Teams Prepare for Return to Practice in
Orlando, NBA (Jul. 7, 2020), http://global.nba.com/news/nba-teams-prepare-for-return-to-
practice-in-orlando/ [https://perma.cc/H59H-2JF6].
247
Protocols, supra note 80, at 46.
248
Id. at 46.
249
Protocols, supra note 80, at 47; Dan Woike, Concerts, Comedy and Private Disney Rides?
NBA Life in the Bubble Might Not Be So Bad, LOS ANGELES TIMES (Jun. 16, 2020, 4:32 PM),
https://www.latimes.com/sports/story/2020-06-16/nba-gives-teams-more-details-on-return-to-
play-life-in-the-bubble [https://perma.cc/BP9L-7PFH].
250
Protocols, supra note 80, at 47; Mark Medina, How Disney Employees Will Work Inside the
NBA’s Campus Bubble Site, USA TODAY (Jun. 28, 2020, 12:22 AM),
https://www.usatoday.com/story/sports/nba/2020/06/28/how-disney-world-employees-work-
inside-nba-bubble-campus/3273427001/ [https://perma.cc/ABZ9-QG5J].
251
Protocols, supra note 80, at 47; Tim Chan, NBA Star Paul George Talks Returning ot the
Court during COVID, New Partnership with Theragun, ROLLING STONE (Jul. 21, 2020),
https://www.rollingstone.com/product-recommendations/lifestyle/paul-george-theragun-
therabody-1031037/ [https://perma.cc/Y33Y-9QHN]; Amanda Scurlock, Pro Basketball Players
Share Their Lives in the Bubble, LOS ANGELES SENTINEL (Aug. 6, 2020),
Eric Zilber
40
Unique hygienic provisions were implemented, given the ongoing pandemic. Players and
staff were prohibited from sharing any personal items (e.g., food, towels, clothing), and during
games, the NBA was investigating assigning players seats on the bench and an individual caddy
for placing personal belongings.
252
Players and team staff were instructed to refrain from the
following during practices or games: spitting, clearing nose, wiping ball with jersey, licking hands
(and touching other items), and playing with or unnecessarily touching their mouthguard.
253
The
NBA would provide an awareness program prior to Phase 3 and with updates over the season to
educate about these COVID-19 prevention behaviors.
254
Oral objects (e.g., mouthguards) would
need to be sterilized before and after each individual use, could not be shared, and should not be
regularly handled.
255
Linens and personal items (e.g., deodorant) should continue to not be shared
among players.
256
The NBA would have a process for washing used gear using Disney’s facilities
https://lasentinel.net/pro-basketball-players-share-their-lives-in-the-bubble.html
[https://perma.cc/TA5T-ZYZ7].
252
Protocols, supra note 80, at 48; Marc Stein, For the N.B.A., A Long, Strange Road Trip to the
Finals, THE NEW YORK TIMES (Jul., 27, 2020),
https://www.nytimes.com/2020/07/27/sports/basketball/coronavirus-nba-season-bubble-disney-
world.html [https://perma.cc/E422-JQ3N]; Marc Stein, Swabs, Sensors and Personal Gatorade:
Snapshots of NBA’s Bubble Life, THE BALTIMORE SUN (Aug. 06, 2020, 1:26 PM),
https://www.baltimoresun.com/sports/national-sports/sns-nyt-nba-bubble-life-coronavirus-
20200806-qrby36mvffhlnkyot45hk7hqha-story.html [https://perma.cc/N6U5-GFQL].
253
Protocols, supra note 80, at 48; Colin Ward-Henninger, NBA Disney Bubble Rule Highlights:
Most Likely to be Broken, Hardest to Follow, and Other Superlatives, CBS SPORTS (Jun. 18,
2020, 10:40 AM), https://www.cbssports.com/nba/news/nba-disney-bubble-rule-highlights-most-
likely-to-be-broken-hardest-to-follow-and-other-superlatives/ [https://perma.cc/55D8-E6SE];
Beth Kowitt, What Business Can Learn from the NBA Bubble, FORTUNE (Oct. 19, 2020, 5:30
AM), https://fortune.com/2020/10/19/reinvent-podcast-nba-bubble/ [https://perma.cc/V63N-
LNS6]; Ben Golliver, Inside the NBA’s Health Plan to Safely Hold Games at Disney World
Bubble, THE WASHINGTON POST (Jun. 17, 2020),
https://www.washingtonpost.com/sports/2020/06/17/inside-nbas-health-plan-safely-hold-games-
disney-world-bubble/ [https://perma.cc/7UHU-GWWL].
254
Protocols, supra note 80, at 48.
255
Id.; Ward-Henninger, supra note 253.
256
Protocols, supra note 80, at 48; Deb, supra note 208.
Eric Zilber
41
and receiving clean gear, while teams would be responsible for individual laundry (though hotel
linens will be done by Disney).
257
Showers would only be in individual hotel rooms, with none at
the WWOS Complex.
258
Individuals on-campus wore face coverings at all times except: while
eating/drinking, in their individual rooms, while outdoors or during physical activity, if physically
distanced.
259
Players, the head coach, and up to four assistant coaches would be exempt from the
face covering rule during individual or team workouts.
260
Prior to and after having direct physical
contact with a player, the staff member in question must wash his or her hands.
261
If requested for
therapy or treatment sessions, the staff member must use single-use gloves.
262
Outside of emergencies, only a coach or a health and performance staff member could
come within six feet of a player during team workouts and games; the physical distance was to be
maintained except during meals outdoors and approved activities.
263
Referees were not required
257
Protocols, supra note 80, at 48; Steven Kubitza, Here’s What It’s Like to do Laundry in the
NBA Bubble, FANSIDED, https://fansided.com/2020/07/16/nba-bubble-laundry/
[https://perma.cc/VK5Q-XQGZ].
258
Protocols, supra note 80, at 48; Reuters Staff, Report: No Fashion Statements Inside NBA
Bubble, REUTERS (Jul. 13, 2020, 1:48 AM), https://www.reuters.com/article/us-basketball-nba-
fashion-uniforms/report-no-fashion-statements-inside-nba-bubble-idUSKCN24E0FW
[https://perma.cc/BR3Z-KN7P].
259
Protocols, supra note 80, at 48; Stein, supra note 206; Chris Bengel, Dwight Howard Doesn’t
Think NBA Players Need to Wear a Mask Inside the Bubble, CBS SPORTS (Jul. 21, 2020, 4:23
PM), https://www.cbssports.com/nba/news/dwight-howard-doesnt-think-nba-players-need-to-
wear-a-mask-inside-the-bubble/ [https://perma.cc/KJ7K-APWM].
260
Protocols, supra note 80, at 48; Mark Medina, Longtime NBA Coaches Mike D’Antoni, Alvin
Gentry Wear Masks Coaching in Games at Bubble, USA TODAY (Jul. 26, 2020, 8:56 AM),
https://www.usatoday.com/story/sports/nba/2020/07/26/mike-dantoni-alvin-gentry-wear-masks-
nba-bubble-exhibition-games/5513749002/ [https://perma.cc/CD8L-6JGS].
261
Protocols, supra note 80, at 48; Page Leggett, What the NBA Can Teach Us All About
COVID-19, HEALTHY HEADLINES (Oct. 06, 2020), https://www.novanthealth.org/healthy-
headlines/what-the-nba-can-teach-us-all-about-covid-19 [https://perma.cc/B4HW-XBMU].
262
Protocols, supra note 80, at 48; Golliver, supra note 211.
263
Protocols, supra note 80, at 49; Rob Schaefer, NBA, NBPA Update COVID-19 Health and
Safety Protocols after Wave of Cases, NBC SPORTS (Jan. 12, 2021),
https://www.nbcsports.com/chicago/bulls/nba-nbpa-update-covid-19-health-and-safety-
protocols-after-wave-cases [https://perma.cc/NYD9-KFYU].
Eric Zilber
42
to maintain physical distancing during games.
264
Different guidance pertained to physical
distancing outside of team workouts and games. Teammates were to refrain from unnecessary
physical contact
265
and maintain physical distancing other than at meals outdoors or during
approved activities.
266
Individuals from different NBA teams were to always maintain physical
distance, except during meals outdoors.
267
Players and team staff maintained as much distance as
possible from non-team personnel (e.g., referees, league staff, and ESPN Arena staff), and when
proper physical distancing could not be maintained due to related work, such contact was limited
to the time necessary to complete said task.
268
Category 1 Disney cast members
269
who do not
need to be in the same room as a player or team or league staff to do their job had processes to
remain away from the room when said individual is present.
270
Category 2 Disney cast members
271
who needed to be in the same room as a player or team or league member only did so when
required, donning a face covering, and maintaining as much physical distancing as possible (no
less than 6 feet).
272
Another set of rules related to proximity alarms, contact tracing, and food/beverages. To
promote physical distancing, the NBA would investigate a system where all staff would be
264
Protocols, supra note 80, at 49; Deb, supra note 208.
265
E.g., high fives, handshakes, fist bumps, hugs.
266
Protocols, supra note 80, at 50; Golliver, supra note 211; Charania, supra note 223.
267
Protocols, supra note 80, at 50; Elkins, supra note 205.
268
Protocols, supra note 80, at 50; Dan Woike & Andrew Greif, NBA Health Protocols: 25 Most
Interesting Takeaways, LOS ANGELES TIMES (Jun. 17, 2020, 12:25 PM),
https://www.latimes.com/sports/story/2020-06-17/nba-health-protocols-25-takeaways
[https://perma.cc/37WD-DDWX].
269
E.g., culinary staff, housekeeping, maintenance, facility management.
270
Protocols, supra note 80, at 50; Medina, supra note 204; Charania, supra note 226. This
category of cast members can only be in the same room as a player or team or league staff
member if agreed upon or for exigent circumstances.
271
E.g., catering leader, servers and bartenders, concierge and hotel staff, security, custodial, etc.
272
Protocols, supra note 80, at 50; Charania, supra note 226.
Eric Zilber
43
required to wear a small device that would function as a proximity alarm.
273
An audio alert would
be generated when less than six feet apart from an impermissible person.
274
Players would be
given the option to wear a proximity alarm device, which will not collect data on movements or
locations.
275
The NBA would not access information from a player’s device to determine the
identities of any individual within six feet of the player.
276
All players and staff participated in a
contact tracing program administered by the NBA and/or Orange and Osceola County Health
Departments.
277
Players and staff refrained from sharing food or beverages; during workouts,
players had access to single-use beverages in low/no-touch dedicated areas.
278
Teams should label
individual items and provide receptacles for disposal in a low/no-touch manner.
279
Following
quarantine clearance, players and staff could eat individually or with individuals residing at the
273
Protocols, supra note 80, at 51; Jessica Golden, Here’s the Device the NFL and NBA are
Using for Coronavirus Contact Tracing and Social Distancing, CNBC (Jul. 21, 2020, 3:09 PM),
https://www.cnbc.com/2020/07/21/nfl-nba-to-use-safezone-tags-for-coronavirus-contact-
tracing.html [https://perma.cc/6VRY-VU4G]; Previte, supra note 219; Jack Maloney, NBA
Offering High-Tech Gadgets to Players in Effort to Protect Them from Coronavirus in Orlando,
Per Report, CBS SPORTS (Jun. 16, 2020, 6:41 PM), https://www.cbssports.com/nba/news/nba-
offering-high-tech-gadgets-to-players-in-effort-to-protect-them-from-coronavirus-in-orlando-per/
[https://perma.cc/JP9X-Q3UB].
274
Protocols, supra note 80, at 51; Golden, supra note 273; Previte, supra note 219; Maloney,
supra note 273.
275
Protocols, supra note 80, at 51; Dave Muoio, NBA’s Summer COVID-19 Protocols Include
Oura Rings for Players, MOBI HEALTH NEWS (Jun. 17, 2020, 11:59 AM),
https://www.mobihealthnews.com/news/nbas-summer-covid-19-protocols-include-oura-rings-
players [https://perma.cc/67EM-9SPW]; Stein, supra note 222.
276
Protocols, supra note 80, at 51; Ben Dowsett, Sources: NBA to Use KINEXON Sensor
Technology for Distancing on Orlando Campus, FORBES (Jul. 9, 2020, 6:51 PM),
https://www.forbes.com/sites/bendowsett/2020/07/09/sources-nba-to-use-kinexon-sensor-
technology-for-distancing-on-orlando-campus/?sh=52932fb2afe4 [https://perma.cc/2YS4-
Y4AY].
277
Protocols, supra note 80, at 51; Charania, supra note 226.
278
Protocols, supra note 80, at 51; Golliver, supra note 207.
279
Protocols, supra note 80, at 51; Restaurantware’s Ballin’, RESTAURANTWARE (Jul. 22, 2020),
https://www.restaurantware.com/blog/post/restaurantware-is-ballin/ [https://perma.cc/2SQD-
MAGM].
Eric Zilber
44
same hotel.
280
Generally, meals were eaten outside when possible or with six feet of separation if
indoors.
281
Disney provided teams with its own dedicated culinary team (under the guidance of
an executive chef) to create individualized menus, support dietary needs, and ensure guidelines are
followed.
282
Each team had its own meal room, ideally open 24/7, for pick-up of meals, beverage,
and single-use food items.
283
Until the Restart Phase, players and staff could receive off-campus
food delivery if prepared by a team or personal chef and meets certain guidelines or a designated
restaurant approved by the NBA and NBPA.
284
Disney food and beverage staff wore appropriate
protective equipment at all times and maintained physical distance from players and staff.
285
To
enhance the on-campus experience and promote mental health and wellness, the NBA arranged
280
Protocols, supra note 80, at 52; Sarah Todd, Report: NBPA Sends NBA Players a Manual
Detailing What Life in Orlando Will Be Like, DESERET NEWS (Jun. 16, 2020, 9:35 PM),
https://www.deseret.com/sports/2020/6/16/21292290/nbpa-nba-players-manual-games-orlando-
disney-world-basketball [https://perma.cc/X4NA-744R].
281
Protocols, supra note 80, at 52; Charania, supra note 223.
282
Protocols, supra note 80, at 52; Abby Narishkin & Clayton Dyer, How Chefs in the NBA
Bubble Make 4,000 Meals a Week, BUSINESS INSIDER (Oct. 5, 2020, 12:06 PM),
https://www.businessinsider.com/how-chefs-in-nba-bubble-make-4000-meals-a-week-2020-10
[https://perma.cc/4UUM-MPE8]; Tim Bontemps, In Documents, NBA Details Coronavirus
Testing Protocols, Including 2-Week Resting Period for Positive Tests, ESPN (Jun. 16, 2020),
https://www.espn.com/nba/story/_/id/29321006/in-documents-nba-details-coronavirus-testing-
process-orlando-campus-life [https://perma.cc/P85Z-UXMX].
283
Protocols, supra note 80, at 52; Tadd Haislop, NBA Bubble, Explained: A Complete Guide to
the Rules, Teams, Schedule & More for Orlando Games, SPORTING NEWS (Aug. 26, 2020),
https://www.sportingnews.com/us/nba/news/nba-bubble-rules-teams-schedule-
orlando/zhap66a9hcwq1khmcex3ggabo [https://perma.cc/EBQ5-FBXY].
284
Protocols, supra note 80, at 52; Jeff Zillgitt, NBA Players’ Bubble Life Improves after
Quarantine, USA TODAY (Jul. 10, 2020), https://www.pressreader.com/usa/usa-today-us-
edition/20200710/281947430144163 [https://perma.cc/954S-RZNZ]; Amanda Drane & Jonathan
Feigen, Fertitta’s Landry’s Lands Contract to Feed NBA Players in ‘Bubble’, HOUSTON
CHRONICLE (Jul. 09, 2020), https://www.houstonchronicle.com/business/article/Fertitta-s-
Landry-s-lands-contract-to-feed-15397655.php [https://perma.cc/VHX8-TKAR]; Amy Drew
Thompson, Local Food Pros Feed the Need Inside the NBA Bubble, ORLANDO SENTINEL (Aug.
15, 2020, 10:03 AM), https://www.orlandosentinel.com/food-restaurants/os-et-local-minority-
chefs-tapped-to-feed-nba-inside-disney-bubble-20200815-cvlmpuwznba2vglwyuvddshpsi-
story.html [https://perma.cc/V9KX-S6KE].
285
Protocols, supra note 80, at 53.
Eric Zilber
45
for social activities or amenities in secured locations consistent with the health and safety
principles of the Protocols.
286
These activities included a game room or player lounge at each
hotel, golf, swimming, fishing, other water sports, movie screenings, concerts, running trails, bike
ride, and other excursions.
287
The NBA made arrangements for personal services, which the
NBPA proposed and both sides discussed and agreed upon.
288
Individuals could not congregate
in each other’s hotel rooms; to address a lack of gathering space, the NBA explored the availability
of other spaces on-campus.
289
Social interactions were restricted to residents of the same hotel.
290
For indoor activities, a face covering should be always worn by all individuals.
291
Individuals
could not consume food while participating in the activity.
292
Hand hygiene and physical
286
Id.; The Very Best of the NBA’s Bubble Activities, ESPN (Jul. 27, 2020),
https://www.espn.com/nba/story/_/id/29520530/the-very-best-nba-bubble-activities
[https://perma.cc/D5X6-FVLY].
287
Protocols, supra note 80, at 53; Megan Armstrong, How Players Relax Inside the NBA
Campus, TICKETMASTER (Aug. 18, 2020), https://blog.ticketmaster.com/nba-bubble-life-players-
campus/ [https://perma.cc/2P3H-E5BN].
288
Protocols, supra note 80, at 53; Ben Pickman, The Life of Barbers in the NBA Bubble,
SPORTS ILLUSTRATED (Aug. 20, 2020), https://www.si.com/nba/2020/08/20/nba-bubble-
barbershop-essential-service [https://perma.cc/KR58-VARF].
289
Protocols, supra note 80, at 53; Brian Windhorst & Tim Bontemps, Inside the NBA’s 100-
Page Safety Plan: Big Questions and Key Details, ESPN (Jun. 17, 2020),
https://www.espn.com/nba/story/_/id/29320883/inside-nba-100-page-safety-plan-big-questions-
key-details [https://perma.cc/3F3P-VCGK].
290
Protocols, supra note 80, at 54; Colin Ward-Henninger, NBA Disney World Rules: Details of
How the Bubble Will Work with League Set to Resume Play in Orlando, CBS SPORTS (Jul. 30,
2020, 3:50 PM), https://www.cbssports.com/nba/news/nba-disney-world-rules-details-of-how-
the-bubble-will-work-with-league-set-to-resume-play-in-orlando/ [https://perma.cc/X5BN-
LYC9].
291
Protocols, supra note 80, at 54; Mark Medina, Inside the NBA Bubble: What is Life Like for
the Media on the Disney World Campus?, USA TODAY (Jul. 13, 2020, 8:00 AM),
https://www.usatoday.com/story/sports/nba/columnist/mark-medina/2020/07/13/inside-nba-
bubble-reporters-media-disney-world-campus/5424935002/ [https://perma.cc/3MZZ-MY4B].
292
Protocols, supra note 80, at 54.
Eric Zilber
46
distancing was maintained as much as possible.
293
Frequently touched items were cleaned and
disinfected often, even as much as in between each use.
294
Certain activities had specific rules laid out by the NBA. For card games, physical
distancing at six feet is not possible, but individuals were to refrain from unnecessary physical
contact and maintain as much distance as possible; games limited to smaller groups were
encouraged.
295
After each game, the card packs were discarded.
296
Players needed to maintain six
feet of distance while playing video games and communal headsets would not be available.
297
Ping
Pong equipment was picked up after disinfection, table surfaces were disinfected prior to use, and
doubles play was restricted.
298
For golf, clubs and golf balls were not to be shared and caddies
293
Id.; Tim Reynolds & Stephen Whyno, In Virus Era, Bubbles Provide Game-Changing
Lessons Learned, NBA (Nov. 04, 2020, 5:33 PM), https://www.nba.com/news/in-virus-era-
bubbles-provide-game-changing-lessons-learned [https://perma.cc/RT36-WM2G]; Golliver,
supra note 207; Len Strazewski, What the NBA “Bubble” Can Teach Us about COVID-19,
AMERICAN MEDICAL ASSOCIATION (Jul. 08, 2021), https://www.ama-assn.org/delivering-
care/public-health/what-nba-bubble-can-teach-us-about-covid-19 [https://perma.cc/A3QJ-J3LN].
294
Protocols, supra note 80, at 54; Golliver, supra note 207; Scott Davis, The NBA’s ‘Bubble’
Environmental Will Be So Strict That Playing Cards Will Be Thrown Out and Replaced after
Every Use, BUSINESS INSIDER (Jun. 18, 2020), https://www.insider.com/nba-bubble-rules-
playing-cards-thrown-out-2020-6 [https://perma.cc/CDL9-SLGN].
295
Protocols, supra note 80, at 55; Rick Thomas, NBA Players Can Be Suspended for Breaking
the Rules in the Bubble, SPORTSCASTING (Jun. 30, 2020), https://www.sportscasting.com/nba-
players-can-be-suspended-for-breaking-the-rules-in-the-bubble/ [https://perma.cc/9S6S-VFZE].
296
Protocols, supra note 80, at 55; Davis, supra note 294.
297
Protocols, supra note 80, at 55; Aaron Dodson, ‘Gaming Has Saved a Lot of Guys’: Inside
the NBA Bubble’s Favorite Pastime, ANDSCAPE (Aug. 26, 2020),
https://theundefeated.com/features/inside-nba-bubble-favorite-pastime-gaming/
[https://perma.cc/L25P-VNBR]; Shandel Richardson, Video Games Could Be Key to NBA
Players Surviving ‘Bubble’ Life in Orlando, SPORTS ILLUSTRATED (Jun. 22, 2020, 11:03 AM),
https://www.si.com/nba/heat/miami-news/miami-heat-video-games-quarantine-madden
[https://perma.cc/BWQ7-F8PY].
298
Protocols, supra note 80, at 55; No Doubles Ping Pong? NBA Restart Includes These Odd
Safety Protocols, NBC SPORTS (June 17, 2020), https://www.nbcsports.com/boston/celtics/no-
doubles-ping-pong-nba-restart-includes-these-odd-safety-protocols [https://perma.cc/UK7B-
C9U3]; Christian Clark, No Doubles in Pingpong or Reusing Playing Cards: NBA Outlines
Safety and Health Protocol in Extensive Memo, NOLA (Jun. 17, 2020),
Eric Zilber
47
will not be permitted.
299
Golf carts needed to be cleaned prior to each use and players and staff
could only use carts individually.
300
Individuals could not share pool equipment (e.g., goggles,
snorkels) and all loungers, chairs, and tables would be disinfected prior to use.
301
Following a
seven-day quarantine, barber services were available to players starting July 9.
302
Occupancy
limits were in place along with staggered appointments to allow for sufficient cleaning between
sessions. Communal objects (e.g., newspapers) were removed and plexiglass installed, where
possible (e.g., manicurist), between service providers and recipients.
303
Other steps were taken to enhance the likelihood of these Protocols being successfully
implemented. Teams were to identify one staff member as a “Team Campus Health Officer,” as
well as a backup officer, who would ensure that every team individual complied with the Protocols
and participated in regular COVID-19 testing and Daily Health Monitoring for the entirety of the
Team’s stay.
304
Officers needed to be well-versed on the Protocols and communicate daily with
https://www.nola.com/sports/pelicans/article_23d38bb2-b0ce-11ea-aac7-8777ab077074.html
[https://perma.cc/7CQ4-9HHU].
299
Protocols, supra note 80, at 55; Deb, supra note 208; Amy Jeter Hansen, Life in the NBA
Bubble: Stanford Med Alum Kept COVID-19 Away from Players, STANFORD MEDICINE (Oct. 13,
2020), https://scopeblog.stanford.edu/2020/10/13/life-in-the-nba-bubble-stanford-med-alum-
kept-covid-19-away-from-players/ [https://perma.cc/CXX6-ZNXM].
300
Protocols, supra note 80, at 56.
301
Id.; Jack Maloney, NBA Restart: What We Learned from the League’s 113-Page Health and
Safety Document, CBS SPORTS (Jun. 21, 2020, 10:48 AM),
https://www.cbssports.com/nba/news/nba-restart-what-we-learned-from-the-leagues-113-page-
health-and-safety-document/ [https://perma.cc/E9JU-URKH].
302
Protocols, supra note 80, at 56; Baxter Holmes & Eric Woodyard, How the NBA Picked the
Barbers for the Bubble, ESPN (Jul. 09, 2020),
https://www.espn.com/nba/story/_/id/29431358/how-nba-picked-barbers-bubble
[https://perma.cc/CYE7-BNQT]; Yang-Yi Goh, Inside the Barbershops Keeping the NBA
Shaped Up in the Bubble, GQ SPORTS (Aug. 17, 2020), https://www.gq.com/story/nba-bubble-
barbershop [https://perma.cc/7R6Y-JD6R].
303
Protocols, supra note 80, at 56; Holmes, supra note 302.
304
Protocols, supra note 80, at 56; David D. Dodge, NBA’s Restart Requires Health and Safety
“Compliance Program in a Bubble”, THE COMPLIANCE & ETHICS BLOG (Jul. 01, 2020),
Eric Zilber
48
the league office regarding compliance with them.
305
The league office and ESPN also designated
Campus Health Officers to ensure compliance by their staff.
306
Within three days of commencing
team workouts on-campus, all teams held another session to discuss the Protocols with players
and staff.
307
Limited media personnel may have resided on-campus and will undergo similar
COVID-19 and Daily Health Monitoring processes as other residents.
308
Media were required to
comply with the Protocols, particularly adhering to the defined media availability periods and
residing at a different hotel than players or team staff.
309
Pets were prohibited from being on-
campus, although certified service animal requests would be considered by the NBA and NBPA.
310
A few other campus conditions were pertinent prior to the beginning of scrimmages.
Certain medical care would be provided on-site, to reduce exits from campus, via a medical clinic
operated by local staff, clinicians, and NBA-engaged physicians.
311
Said clinic would include the
ability to conduct x-rays, ultrasounds, address urgent care needs, and engage with sub-specialty
consultants on-campus.
312
Separate areas were provided for players versus other campus residents
https://complianceandethics.org/nbas-restart-requires-health-and-safety-compliance-program-in-
a-bubble/ [https://perma.cc/2Z83-Q2Z5].
305
Protocols, supra note 80, at 56; Greif, supra note 219; Charania, supra note 226.
306
Protocols, supra note 80, at 57.
307
Id.; Dodge, supra note 304.
308
Protocols, supra note 80, at 57; Windhorst, supra note 289.
309
Protocols, supra note 80, at 57; Stein, supra note 206.
310
Protocols, supra note 80, at 57; Tania Ganguli, Beyond Basketball, Life in NBA’s Anti-
Coronavirus ‘Bubble’ Tests Players in Many Ways, LOS ANGELES TIMES (Aug. 11, 2020, 4:00
AM), https://www.latimes.com/sports/story/2020-08-11/nba-bubble-orlando-coronavirus-lebron-
james-lakers-clippers [https://perma.cc/9XAK-XCN4]; Melissa Rohlin, Danny Green Says He
Wishes Dogs Were Allowed in the NBA Bubble, SPORTS ILLUSTRATED (Aug. 31, 2020, 8:13 PM),
https://www.si.com/nba/lakers/news/danny-green-says-he-wishes-dogs-were-allowed-in-the-nba-
bubble.
311
Protocols, supra note 80, at 57; Hansen, supra note 299.
312
Protocols, supra note 80, at 57; Gavin Evans, Here’s a Glimpse of What Life Will Be Like in
NBA Orlando Bubble When Season Starts, COMPLEX (Jun. 16, 2020),
https://www.complex.com/sports/2020/06/glimpse-of-what-life-will-be-like-in-nba-orlando-
bubble-season-restart [https://perma.cc/9UA6-R6QN]; Reynolds, supra note 246.
Eric Zilber
49
in order to reduce close contact.
313
If emergency care was needed, a resident would be transported
to a designated hospital and emergency department.
314
An MRI Center on campus was made
available, while prescription medication was delivered in coordination with local physicians.
315
Random testing via urine sample commenced July 7, 2020 though only the presence of SPEDs and
Diuretics will be tested.
316
Doping control officers assisting with the test collection wore a face
covering and face shield, gloves, and other appropriate PPE.
317
Disney implemented its own enhanced health and safety protocols. The number of people
involved in supporting the campus would be minimized, with cast members assigned to a specific
property (rather than rotated) and restricted from being at in-use facilities unless necessary.
318
A
multi-day training course would be required for housekeeping staff, who would also need to wear
appropriate PPE and not come in close contact with campus residents.
319
Staff were assigned up
to a few floors to service and did so weekly to minimize contact with players and staff.
320
If used,
gloves were not reused between rooms.
321
At least one Disney senior point of contact would be
designated as the Disney Campus Health Officer to oversee compliance with the Protocols by cast
313
Protocols, supra note 80, at 57.
314
Id.; Greer, supra note 235.
315
Protocols, supra note 80, at 58; Sandy Cohen, Lakers Life Inside the NBA’s COVID-19
Bubble, UCLA HEALTH (Oct. 09, 2020), https://connect.uclahealth.org/2020/10/09/lakers-life-
inside-the-nbas-covid-19-bubble/ [https://perma.cc/K3JW-GNVA].
316
Protocols, supra note 80, at 58; Charania, supra note 223.
317
Protocols, supra note 80, at 58.
318
Id.; Ryan Gillespie, Disney Workers Won’t Stay in NBA Bubble—and Many Live in
Coronavirus Hot Spots, ORLANDO SENTINEL (Jul. 02, 2020, 7:03 PM),
https://www.orlandosentinel.com/coronavirus/os-ne-coronavirus-nba-mls-disney-workers-
20200702-jr7zrunlwrd55dadnwnabns3tm-story.html [https://perma.cc/AS6A-3XPP].
319
Protocols, supra note 80, at 58–59; Medina, supra note 204.
320
Protocols, supra note 80, at 59.
321
Id.; Ben Golliver, The NBA Has Arrived at Disney. Here’s What It Looks Like Inside the
Florida Bubble., THE WASHINGTON POST, (July 13, 2020, 10:23 AM),
https://www.washingtonpost.com/sports/2020/06/17/inside-nbas-health-plan-safely-hold-games-
disney-world-bubble/ [https://perma.cc/6TV4-ZN2G].
Eric Zilber
50
members.
322
Disney would go above and beyond the cleaning and disinfecting procedures already
specified by increasing the availability of hand washing and sanitizing stations, cleaning “as
needed” areas and items before and after use by a team, and sanitize high-touch surfaces
approximately every two hours.
323
Each room on-campus would have a dedicated outside air
system, fan coil unit, and bathroom exhaust fan so that air is not recirculated between rooms.
324
All three arenas at WWOS Complex would have their air filters replaced prior to the resumption
of the season.
325
Disney and the NBA will post signage, markings, and decals throughout campus
facilities to promote compliance with these Protocols.
326
Phase Five
On or around July 22 and lasting through July 29, teams played in three inter-squad
scrimmages (against teams in the same hotel) as preparation for the season.
327
For individual
workouts, up to six players (regardless of team or hotel) could shoot on a basket.
328
All residents
underwent daily temperature, symptom, and pulse oximetry checks (i.e., Daily Health Monitoring),
as well within a reasonable time prior to the inter-squad scrimmage.
329
Residents had the option
322
Protocols, supra note 80, at 59.
323
Id.; Golliver, supra note 321.
324
Protocols, supra note 80, at 59.
325
Id.; Safe Returns to Sports: How HVAC & Technology Impacts the NBA’s Return, TEC INC.
ENGINEERING & DESIGN, (July 30, 2020), https://www.tecinceng.com/post/safe-returns-to-sports-
how-hvac-technology-impacts-the-nba-s-return [https://perma.cc/QK4Q-DPY6].
326
Protocols, supra note 80, at 59.
327
Id. at 60; Everything You Need to Know about the 2019-20 NBA Season Restart, NBA, (July
22, 2020, 10:24 PM), https://www.nba.com/nba-returns-2020-faq [https://perma.cc/M8MG-
NQBZ]; David Fucillo, Full Schedule of NBA Scrimmage Games before Season Restart, THE
NEW YORK TIMES, (July 5, 2020, 8:50 AM),
https://dknation.draftkings.com/nba/2020/7/5/21313841/nba-season-restart-2020-scrimmage-
games-schedule-dates-times-location-orlando [https://perma.cc/CS68-2LDC].
328
Protocols, supra note 80, at 60.
329
Id.; Chris Mannix, Free from Quarantine: The NBA Bubble Is A Unique Experience, SPORTS
ILLUSTRATED, (July 21, 2020), https://www.si.com/nba/2020/07/21/nba-bubble-unique-
experience-disney [https://perma.cc/5TH9-9D72].
Eric Zilber
51
to participate in the use of a wearable device to generate personalized wellness assessments.
330
Players, head coaches and up to four assistant coaches, did not need to wear a face covering during
workouts or scrimmages.
331
MagicBands were to be worn at all times by residents, except for
players during workouts or scrimmages.
332
Individuals would now be permitted to access other
hotels on campus, either for meals or social activities.
333
Players and team staff remained
prohibited from sharing food or beverages, but may eat with any other player or team staff on-
campus.
334
However, meals between players from different teams were eaten outside.
335
When
330
Protocols, supra note 80, at 60; Lisa Eadiciccio, The NBA Bubble Has Rolled Out Some Wild
Technology to Help Keep Players, Coaches, and Staff COVID-Free — Including a $300 Smart
Ring That Can Monitor Biometric Data, BUSINESS INSIDER, (Aug. 26, 2020, 2:04 PM),
https://www.businessinsider.com/nba-bubble-oura-smart-ring-used-by-quarter-of-campus-2020-
8 [https://perma.cc/C6YD-TEUW]; Ben Pickman, The Story Behind the Ring That Is Key to the
NBA's Restart, SPORTS ILLUSTRATED, (July 1, 2020), https://www.si.com/nba/2020/07/01/oura-
ring-nba-restart-orlando-coronavirus [https://perma.cc/FEY2-RTKH].
331
Protocols, supra note 80, at 60; Joe Vardon, Inside the NBA Bubble: Nasal Swabs, My Four
Walls and Dwight Parties Alone, THE ATHLETIC, (July 13, 2020),
https://theathletic.com/1925047/2020/07/13/inside-the-nba-bubble-nasal-swabs-my-four-walls-
and-dwight-parties-alone/ [https://perma.cc/86MT-7W58]; Mark Medina, Longtime NBA
Coaches Mike D'Antoni, Alvin Gentry Wear Masks Coaching in Games at Bubble, USA TODAY,
(July 26, 2020), https://www.usatoday.com/story/sports/nba/2020/07/26/mike-dantoni-alvin-
gentry-wear-masks-nba-bubble-exhibition-games/5513749002/ [https://perma.cc/D22A-ZJ7B].
332
Protocols, supra note 80, at 60; Shaun Powell, Disney World Diary: MagicBand Passports
Reprogrammed to Keep Campus Safe, NBA, (July 23, 2020, 9:29 AM),
https://www.nba.com/news/disney-world-diary-day-11 [https://perma.cc/5VYR-SLRG]; Jessica
Golden, Inside the NBA’s Plan to Use Smart Technology and Big Data to Keep Players Safe
from Coronavirus, CNBC, (June 17, 2020, 1:40 PM), https://www.cnbc.com/2020/06/17/nba-
coronavirus-plan-smart-technology-to-keep-players-safe.html [https://perma.cc/XX5S-FC8T].
333
Protocols, supra note 80, at 60.
334
Id. at 61; Ben Golliver, Inside the NBA’s Health Plan to Safely Hold Games at Disney World
Bubble, THE WASHINGTON POST, (June 17, 2020, 6:00 AM),
https://www.washingtonpost.com/sports/2020/06/17/inside-nbas-health-plan-safely-hold-games-
disney-world-bubble/ [https://perma.cc/5TMX-NVB9].
335
Protocols, supra note 80, at 61; Mike Singer, Life Inside the NBA Bubble: What to Know from
the NBA’s 113-Page Memo, THE DENVER POST, (June 17, 2020, 11:10 AM),
https://www.denverpost.com/2020/06/17/nba-bubble-memo-breakdown/
[https://perma.cc/9DXD-29K8].
Eric Zilber
52
eating indoors, six feet of distance must be maintained between individuals.
336
Social activities
mentioned in Phase 4 could still be engaged in, as well as among players or staff from different
teams or hotels, so long as individuals abided by rules regarding face coverings, physical
distancing, and hand and respiratory hygiene.
337
Phase Six
On July 30, the 2019-20 season officially restarted with requirements and conditions from
Phase 5 remaining in place, unless superseded.
338
Besides regular PCR testing, all Tier 1 Personnel
participating in a game would, if available, undergo point-of-care PCR testing on-campus two to
four hours prior to the game.
339
If any individual returned a positive PCR test result, they would
be prohibited from participating in the game and team activities on-campus until they completed
the required procedures for positive PCR results, see Exhibit F.
340
Policies established in Phase 5
regarding individual workout spaces, interaction between members from different hotel zones,
meals, social activities, face coverings, and MagicBands remained in effect.
341
Besides the
Protocols discussed, the NBA will develop and distribute updated basketball operations policies
342
prior to Phase Six.
343
336
Protocols, supra note 80, at 61.
337
Id.; Dan Woike, Concerts, Comedy and Private Disney Rides? NBA Life in the Bubble Might
Not Be So Bad, THE LOS ANGELES TIMES, (June 16, 2020, 4:32 PM),
https://www.latimes.com/sports/story/2020-06-16/nba-gives-teams-more-details-on-return-to-
play-life-in-the-bubble [https://perma.cc/8BBV-MFWV].
338
Protocols, supra note 80, at 62.
339
Id.; Henry Abbott, The NBA Bubble Is Safe So Far. But the League's Lessons Won't Work for
Schools and Businesses., GQ SPORTS, (Aug. 10, 2020), https://www.gq.com/story/keeping-
covid-outside-the-nba-bubble-truehoop [https://perma.cc/RRG2-68CS].
340
See supra note 98.
341
Protocols, supra note 80, at 62–63.
342
Illness and injury reporting procedure updates; modifications to courtside seating; limitations
on individuals present in locker rooms.
343
Protocols, supra note 80, at 63.
Eric Zilber
53
An additional wrinkle relevant to Phase Six was the ability for teams that advanced past
the first round of the playoffs to reserve up to seventeen guest rooms (depending on players present
on campus) for Player Guests to travel to and stay on-campus.
344
Each player could have up to
two rooms for guests, who may include any individual that fulfills the requisite participate
requirements and is not a certified agent (unless said agent is a family member of the player).
345
Player Guests must quarantine at home for at least one week, except for essential activities, before
commencing the initial quarantine (see below).
346
All Player Guests must submit a clearance form
via a physician attesting that they do not have any COVID-19 risk factors and have not had any
related symptoms or exposures.
347
Prior to beginning the initial quarantine, each team must hold
at least one virtual education and training session regarding the Protocols for the Player Guests in
a manner consistent with the session provided for players and staff.
348
Prior to traveling to the
campus, Player Guests underwent an initial quarantine of at least three days either at a house or
hotel in the player’s team’s market or in Orlando.
349
Any Player Guest (and potentially others in
344
Id.; Jeff Zillgitt, NBA Will Allow Guests to Visit Players in Bubble After First Round of
Playoffs. Here is How it Will Work.. USA TODAY, (Aug. 12, 2020, 1:25 PM),
https://www.usatoday.com/story/sports/nba/2020/08/12/nba-players-coronavirus-visits-bubble-
playoffs/3355587001/ [https://perma.cc/UV29-6H79]; Tadd Haislop, NBA Bubble, Explained: A
Complete Guide to the Rules, Teams, Schedule & More for Orlando Games, THE SPORTING
NEWS, (Aug. 26, 2020), https://www.sportingnews.com/us/nba/news/nba-bubble-rules-teams-
schedule-orlando/zhap66a9hcwq1khmcex3ggabo [https://perma.cc/CWJ4-CUEZ].
345
Protocols, supra note 80, at 63; Zillgitt, supra note 344.
346
Protocols, supra note 80, at 64; Mike Chiari, Report: Rules Revealed for NBA Player Guests
in Bubble During 2020 Playoffs, BLEACHER REPORT, (Aug. 12, 2020),
https://bleacherreport.com/articles/2904221-report-rules-revealed-for-nba-player-guests-in-
bubble-during-2020-playoffs [https://perma.cc/V4G8-SYNP].
347
Protocols, supra note 80, at 64; Jasmyn Wimbish, NBA Announces Zero Players Tested
Positive for COVID-19 Inside Disney Bubble for Fifth Straight, CBS SPORTS, (Aug. 19, 2020,
3:42 PM), https://www.cbssports.com/nba/news/nba-announces-zero-players-tested-positive-for-
covid-19-inside-disney-bubble-for-fifth-straight-week/ [https://perma.cc/XH88-HCJX].
348
Protocols, supra note 80, at 64.
349
Id. at 64; Wimbish, supra note 347.
Eric Zilber
54
his/her party) testing positive during this period would not be permitted to travel to the campus.
350
After clearing the initial quarantine, each Player Guest would travel directly to campus and head
to their assigned hotel without engaging with other individuals.
351
Upon arrival on-campus, each
Player Guest would undergo PCR and serology/antibody testing coordinated by a league-affiliated
testing provider.
352
A team physician would be notified of any Player Guest positive test result
and such Guest will self-isolate in league-provided accommodations.
353
Prior to full inclusion on-campus, Player Guests were subject to at least a four-day
quarantine, monitoring, and testing period (subject to extension by NBA-designated physician).
354
During this quarantine, Player Guests must remain in their room
355
and refrain from interacting
with any other individual (including the Player they are visiting).
356
Player Guests would also
undergo daily temperature, symptom, and pulse oximetry screening and PCR testing.
357
Following
the four-day quarantine, if asymptomatic and only negative PCR tests, a physician would clear
Player Guest to relocate on-campus and interact, or even reside, with the player.
358
Prior to
departing for the campus, Player Guests would certify that they adhered and will continue to adhere
350
Protocols, supra note 80, at 64.
351
Id.; Jack Blakey, Managing Coronavirus in the NBA: A Success Story, SQUIRE PATTON
BLOGS, (Aug. 11, 2020), https://www.sports.legal/2020/08/managing-coronavirus-in-the-nba-a-
success-story/ [https://perma.cc/8PP2-MWWC].
352
Protocols, supra note 80, at 64; Jack Maloney, NBA Adds Antibody Test to return Protocol
for Players, Staff Recovered from COVID-19, Per Report, CBS SPORTS, (June 15, 2020, 3:44
PM), https://www.cbssports.com/nba/news/nba-adds-antibody-test-to-return-protocol-for-
players-staff-recovered-from-covid-19-per-report/ [https://perma.cc/2CMB-CBTK].
353
Protocols, supra note 80, at 65.
354
Id.; Haislop, supra note 344.
355
NBA may look into hotel exclusively for Player Guests, in which case there may be
opportunities to leave the room if donning a face covering and physically distanced.
356
Protocols, supra note 80, at 65.
357
Id.; Zillgitt, supra note 349.
358
Protocols, supra note 80, at 65; Zillgitt, supra note 344.
Eric Zilber
55
to the same campus rules as players and team staff, including: remaining on-campus at all times,
359
undergoing regular PCR testing, wearing face covering according to the Protocols, physical
distancing, undergoing Daily Health Monitoring, complying with contact tracing, and regularly
handwashing.
360
The NBA and NBPA would evaluate whether to put a process in place for Player
Guests to arrive seven days before the beginning of the second round and options at the beginning
of each of the Finals.
361
Incoming individuals, such as team or league staff, would be subject to a
seven-day in-room quarantine, testing, and monitoring period.
362
As an exception, health-related
staff would only be subject to four days, if, for at least seven days, prior to traveling to campus the
member tests negative via PCR test on an every-other-day basis.
363
Such staff would need to test
negative via PCR at least three times, with the final time via nasopharyngeal swab prior to exiting
quarantine.
364
Based on a traveler’s point of origin, the NBA had discretion to determine that an
extended period of quarantine is appropriate.
365
For the utmost safety of players’ and staffs’
359
Re-entry will not be permitted for Player Guests.
360
Protocols, supra note 80, at 65–66; Anthony Chiang, What will Disney life be like for the
Heat? Details from the NBA’s 113-page safety plan, MIAMI HERALD, (June 17, 2020, 3:14 PM),
https://www.miamiherald.com/sports/nba/miami-heat/article243588032.html.
361
Protocols, supra note 80, at 66. Subject to limits of 17 guest rooms per team and two guest
rooms per player; Marc J. Spears, NBA Players Await Ultimate Second-Round Prize: Reuniting
with Family, ANDSCAPE, (Aug. 30, 2020), https://theundefeated.com/features/nba-players-await-
ultimate-second-round-prize-reuniting-with-family/ [https://perma.cc/E4D3-6HX3].
362
Protocols, supra note 80, at 67; Tim Reynolds, NBA will allow team staff to bring guests to
Disney campus, NBA, (Sept. 8, 2020), https://www.nba.com/news/nba-staff-allowed-guests-nba-
campus [https://perma.cc/AHU2-9QUU].
363
Protocols, supra note 80, at 67.
364
Id.; Reid Orvedahl, Keeping COVID Bubbles from Bursting, CBS NEWS, (Aug. 16, 2020, 9:27
AM), https://www.cbsnews.com/news/keeping-covid-bubbles-from-bursting-coronavirus-nba-
tyler-perry-studios/ [https://perma.cc/3CLC-VL27].
365
Protocols, supra note 80, at 67.
Eric Zilber
56
households, a resident must return a negative PCR test within 24 hours prior to their departure time
from Orlando.
366
Conclusion
At a time when America (and the world as a whole) was brought to its knees by a raging
COVID-19 pandemic, the NBA met the challenge head-on. At the beginning of the pandemic,
live sports were almost nonexistent as various leagues sought to find the best way to return to
play.
367
However, by June 2020, Commissioner Silver explained to reporters, “We’re coming back
because sports matter in our society. They bring people together when they need it the most.”
368
Indeed “sports as an escape” was more important than ever during the pandemic as individuals
were primarily bound to their homes.
369
After all was said and done, the NBA “bubble” was
deemed a success as the Los Angeles Lakers were crowned champions and, most importantly, no
366
Id.; Jeff Zillgitt, NBA Players Union Memo Outlines Health and Safety Precautions for 2020
Season Restart at the ESPN Wide World of Sports, USA Today (Jun. 16, 2020, 7:43 PM),
https://www.usatoday.com/story/sports/nba/2020/06/16/nba-disney-world-restart-extensive-
covid-19-safety-restrictions/3202943001/ [https://perma.cc/FA7K-67KW]; TJ Muscaro, Zero
Positive Cases in NBA Disney Bubble as Games Resume, INSIDE THE MAGIC, (Aug. 5, 2020),
https://insidethemagic.net/2020/08/nba-disney-zero-positive-cases-tm1/
[https://perma.cc/8GMC-LZLD].
367
The Media, Entertainment and Culture Industry’s Response and Role in a Society in Crisis,
WORLD ECONOMIC FORUM, (June 2020),
https://www3.weforum.org/docs/WEF_Media_Entertainment_Report_2020.pdf
[https://perma.cc/RRB7-JE53]; Kelcie Pegher, Coronavirus Today: The NBA’s bubble worked,
THE LOS ANGELES TIMES, (Oct 12, 2020, 7:58 PM),
https://www.latimes.com/science/newsletter/2020-10-12/coronavirus-today-nba-bubble-success-
covid-lakers-coronavirus-today [https://perma.cc/3Z85-5T33].
368
Tim Layden, Escapism by Sports certainly Welcomed, but Tricky, in a Year Full of
Uncertainty, NBC SPORTS, (July 8, 2020), https://sports.nbcsports.com/2020/07/08/sports-
returning-escape-covid-pandemic-tim-layden/ [https://perma.cc/6M68-5ZN8].
369
Rohan Nadkarni, Sports Aren’t Just an Escape for Everyone, SPORTS ILLUSTRATED, (Mar. 13,
2020), https://www.si.com/nba/2020/03/14/sports-arent-just-an-escape-workers.
Eric Zilber
57
COVID-19 cases were reported inside the “bubble.”
370
As evidenced above, this feat was no
coincidence but the direct result of the meticulously planned and executed Protocols. In the midst
of a pandemic, the NBA, NBPA, and Disney teamed up to do what many viewed as impossible
and found a way to resume (and finish) the 2019-20 NBA Season.
370
Reese Oxner, Lakers Win NBA Finals; No Coronavirus Cases Reported in Bubble, NPR,
(Oct. 12, 2020), https://www.npr.org/2020/10/12/923064484/lakers-win-nba-finals-no-
coronavirus-cases-reported-in-bubble [https://perma.cc/2PFS-3ESB].
Eric Zilber
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Exhibit A – Spread of COVID-19
371
371
Jared Dubin & Anna Wiederkehr, Why It Only Took One Player with Coronavirus to Shutter
Sports, FIVETHIRTYEIGHT (Mar. 13, 2020), https://fivethirtyeight.com/features/why-it-only-took-
one-player-with-coronavirus-to-shutter-sports/ [https://perma.cc/V6JU-E3AR].
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Exhibit B – ESPN Wide World of Sports (“WWOS”) Map
Depicted, collectively, is the “WWOS Complex”:
Eric Zilber
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Exhibit C – Testing Timeline for Players and Essential Staff
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Exhibit D – Participant Tiers
372
Tier
Individuals
Additional Applicable Rules
1 (on-court personnel
essential to resumption of the
2019-20 season or individuals
in close contact with mask-
less on-court personnel)
Players, coaches, health and
performance staff, team’s
senior basketball executive,
equipment managers and
attendants, referees
Access to “Restricted
Areas,”
373
hand hygiene, and
masks/face coverings during
games
2 (individuals who may be in
close contact with Tier 1
individuals or may need
access to Restricted Areas)
Team security, team front
office staff, team
PR/communications staff,
team social content staff, other
team staff not listed in Tier 1,
certain league staff, ESPN
arena staff, courtside staff,
player guests, NBPA staff,
NBPA-retained film crew,
individuals need for social
activities or amenities
Hand hygiene, access to
Restricted Areas or limited
contact with Tier 1, player
guest limitations (e.g.,
distanced seating, no access to
locker rooms or
training/weight rooms), and
media policies (e.g., seating
areas, limited player
interaction)
3 (individuals providing
essential services, who will
not come in close contact with
Tier 1 individuals, but may
need access to Restricted
Areas when Tier 1 individuals
not present)
Disney Category 1 and 2 cast
members, transportation
vendors, outside service
providers who may need
isolated access to Restricted
Areas, Emergency Medical
Services
Face coverings/gloves, hand
hygiene, minimal access to
Restricted Areas, physical
distancing from other tiers,
emergency medical services
only if needed, barriers to
separate transportation
vendors from players
4 (individuals present for
games/practices, but will not
reside on campus and cannot
have close contact with Tier 1
or 2 personnel)
Governors, select senior team
executives, NBA/NBPA
executive staff, injured player
observing a game, select
sponsors, media residing off-
campus, external service
providers without access to
Restricted Areas
Reside off campus, no regular
COVID-19 testing,
temperature/symptom
screened, separate
entrances/exits, required
masks/face coverings,
observation area (> 25 feet
from the court), no contact
with other Tiers
5 (individuals providing
services, but not residing on
Member of broadcast
compound residing
Reside off campus, periodic
COVID-19 testing, no regular
daily health monitoring,
372
Protocols, supra note 80, at 78–82.
373
“Restricted Areas” are: areas of campus facilities frequented by players, coaches, referees,
and other on-court team staff, including locker rooms, practice and game courts, training and
weight rooms, medical evaluation and treatment areas, designated team areas for film study,
meetings, or meals, player lounges, hotel rooms, and like spaces.
Eric Zilber
62
campus nor entering any
Restricted Areas)
separately, certain PR/security
staff
required masks/face
coverings, limited access to
Restricted Areas, no contact
with other Tiers
6 (individuals residing on
campus, but (unless permitted
by NBA) not entering
Restricted Areas when Tier 1
or 2 personnel are present nor
coming in close contact with
said personnel
IT, other support staff
Regular COVID-19 testing
and daily health monitoring,
limited access to Restricted
Areas
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63
Exhibit E – Masks/Face Coverings During Games
374
GROUP
ARE FACE COVERINGS REQUIRED DURING
GAMES?
First row bench (participating
players + coaches)
No, including:
● During pregame warmups or shootaround
● Locker room in between warmups and game
● Postgame – until they have to travel back to the hotel
(masks required when traveling)
Though not required, it is recommended that coaches wear
face coverings pre- or post-game where feasible (e.g., in
situations where a face covering does not unduly interfere
with the coach’s ability to do his or her job).
Second row bench (other players
+ coaches)
Yes, at all times (except any active players who are dressed
for the game and eligible to participate, but need to sit in the
second row to promote distancing, will not be required to
wear a mask)
Medical/training staff (e.g.,
athletic trainer, physician)
Yes, at all times
Referees
No including:
● During pregame preparation
● Locker room in between warmups and game
● Postgame – until they have to travel back to the hotel
(masks required when traveling)
Though not required, it is recommended that referees wear
face coverings pre- or post-game where feasible (e.g., in
situations where a face covering does not unduly interfere
with the referee’s ability to do his or her job).
Scorer’s table crew (e.g.,
official scorer, game clock
operator)
Yes, at all times
Ball boys/equipment
attendants
Yes, at all times
Statistician (in stands or behind
scorer’s table)
No (however, face coverings are required before/after games
and during halftime)
374
Protocols, supra note 80, at 102.
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64
PA announcer
No (however, face coverings are required before/after games
and during halftime)
Any other team staff (e.g., social
content, communications)
Yes, at all times
Any on-court broadcast staff
(e.g., camera operators, utility
staff)
Yes, at all times
Any other staff present at the
arena
Yes, at all times
Any individuals observing
games (e.g., Player Guests,
media, governors, etc.)
Yes, at all times
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65
Exhibit F – COVID-19 Testing and Monitoring Requirements
375
I. Required COVID-19 Testing
A. Players and essential team staff must undergo prior to and during season
resumption.
B. League staff and Player Guests must undergo during season resumption (but no
serology testing on individuals < 18 years old).
C. Regular PCR by nasal swab or saliva collection and limited amount of
serology/antibody testing (prior to Phase Four) by blood draw / spot. Rapid
molecular or antigen testing if available and appropriate.
D. Nasopharyngeal swab will not be regularly undergone, only occasionally.
E. Testing samples will not be used in research inconsistent with Protocols, without
written consent.
F. Test results will be shared with individual, team, NBA, and NBPA.
G. Those refusing to undergo testing are prohibited from Phase Four and may be
required to permanently leave campus.
II. Required Health Monitoring
A. Players and essential team staff must undergo prior to and during season
resumption.
B. League staff and Player Guests must undergo during season resumption at intervals
determined by NBA.
C. Includes: checking body temperature, COVID-19 symptom check, measuring
blood oxygen saturation, and other monitoring.
i. Offered to optionally use a wearable ring device to collect information
relevant to COVID-19 assessment. If illness probability score indicates
individual at higher COVID-19 risk, team physician may be contacted.
ii. Wearable ring device will be voluntary, its data fully accessible by player,
and cannot be used in games. Further, no player data will be made available
to public.
D. Information from monitoring will be shared with individual, team, NBA, and
NBPA.
E. Any individual refusing to undergo monitoring will be prohibited from Phase Four
and may be required to permanently leave campus.
F. Player testing and monitoring will be migrated to the league-wide EMR and deleted
within four week following the conclusion of the 2019-20 season.
III. Other campus residents (e.g, ESPN Arena Staff) must undergo regular COVID-19 testing
and Daily Health Monitoring. Refusal may result in individual being required to
permanently leave campus.
IV. Negative PCR test result, along with being asymptomatic allows continued participation in
the current Phase.
V. Any positive COVID-19 test results (player, staff, household members) prior to arrival on-
campus must be reported by physician to NBA.
VI. NBA and NBPA will share results regarding positive PCR test results at all Phases.
VII. Required procedures for positive PCR test results:
375
Protocols, supra note 80, at 68–76.
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66
A. Hospitalization, if needed
B. Immediate isolation in NBA-designated Isolation Housing
C. PCR retesting to confirm positive:
i. If PCR tests match, individual must remain in Isolation Housing and
beginning process for monitoring, management, and resolution.
ii. If PCR tests do not match, individual must remain in Isolation Housing for
24 hours and retest a third time
iii. If third PCR test is negative, and individual is asymptomatic, can exit
isolation after determination by physician
D. Protocol for confirmed positive cases:
i. Informing Florida Department of Health
ii. PPE must be worn while caring for infected individual
iii. Disney will clean and disinfect locations where individual was present in
past day or prior to symptom onset.
iv. Cleaning will be done at periodic intervals and meals delivered daily to
Isolation Housing
v. Local medical care will be arranged
vi. Isolation cannot be discontinued until individual is: asymptomatic, satisfies
CDC’s test-based strategy (currently two consecutive negative PCR test
results > 24 hours apart), and medically cleared by physician.
vii. Players will undergo cardiac screening prior to resuming participation in
season
E. Management of close contacts of infected individual
i. Contact tracing process
ii. Close contacts are individuals spending 15+ minutes while closer than six
feet apart with infected individual or direct contact with infected
individual’s secretions or excretions.
iii. Close contacts will be informed.
iv. Tier 1 Personnel, who are a close contact, can participate fully in campus
activities, after consultation with a physician, if they meet all of the below:
1. Asymptomatic
2. Negative PCR test result
3. Daily PCR testing with negative results
4. Enhanced health monitoring, including self-isolation if any
associated symptoms
5. Use of face coverings
6. Physical distancing requirements
7. Eat meals individually for at least five days
8. Refrains from group social activities for at least five days
v. Non-Tier 1 Personnel, who are a close contact, can participate fully in
campus activities, after consultation with a physician, if they meet all of the
below:
1. Meet all conditions for Tier 1 Personnel (above)
2. May be directed to enter quarantine for a period of days
vi. NBA may modify management of close contact to account for unique risks,
evolving clinical evidence, or other medical considerations
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67
VIII. Sequencing and analysis of positive PCR test results by medical experts to understand
relationship between positive cases and inform Protocols (and other measures)
IX. Given significance of IgG antibodies is not yet fully understood, anyone with a positive
IgG test due to serology/antibody testing along with a negative PCR test result, will
undergo same testing and Daily Health Monitoring as players without presence of IgG
antibodies.
X. Additionally, COVID-19 testing may be required as determined by physician (in
accordance with infectious disease specialist or due to applicable local/state guidelines) or
league office (in consultation with health experts or due to applicable local/state
guidelines).
