(photo credit CNN)
On October 24th, the NHL issued a statement on the use of symbolic tape in support of social causes that repealed the earlier ban, instituted following the June 2023 Board of Governors meeting, that prohibited teams from promoting special event nights – include Pride, Military Appreciation, Black History, and Hockey Fights Cancer – through players’ on-ice activities or attire.[1] The ban followed issues surrounding Pride Nights last season. Across the league, a total of fourteen players chose not to wear Pride themed jerseys during warm-ups, citing personal religious beliefs or safety issues. [2] In the lead up to the season, the NHL League Office issued two memos clarifying the ban. As reported by ESPN, in the latest memo, which came before the October 24th walk-back, the NHL stated that restrictions covered on-ice activities and said “players should be encouraged to express themselves off the ice” instead.[3] Teams were free to show support to specialty causes in ways that did not include on-ice demonstrations or special attire for players, and to host themed groups at games.[4]
Rainbow colored tape, used as a show of support for the LGBTQ+ community, was banned under the rubric of prohibiting on-ice shows of support for special initiatives. Many saw the ban on rainbow tape, which is an easy way to show support for LGBTQ+ hockey fans and players, as an overreaction to the concerns of a few players who expressed discomfort with team sponsored Pride Night jerseys. For Russian players there may be a legitimate fear of reprisal in their home country connected to violating anti-LGBTQ+ legislation that bans “gay propaganda.” While no players were forced to wear jerseys, the NHL defended its stance by saying it wanted to take away the distraction that speculation around what teams and what players would or would not wear Pride jerseys caused. In June, NHL Commissioner Gary Bettman defended the league’s stance to Sportsnet’s Elliott Friedman, saying, “All of the emphasis and efforts on the importance of these various causes have been undermined by the distraction of which teams, which players (chose not to wear the jerseys), this way we’re keeping the focus on the game and on these specialty nights we’re going to be focused on the cause.”[5] In the same interview Bettman assured Friedman that Pride Nights, sans on-ice activities, would continue.
The league’s ban on rainbow tape stirred up concerns about not only inclusion and representation for the LGBTQ+ community in the NHL, but about freedom of expression for players. As a private entity, the NHL and the member clubs were within their rights to dictate player attire, and the league did issue a blanket ban on tape supporting special causes, but the power imbalance between players and league management raised moral, if not league, issues. It should be noted that the current stance now leaves the choice of whether to use rainbow, or other non-standard, tape up to individual players.
The NHL’s statement on October 24th read: “After consultation with the NHL Players’ Association and the NHL Player Inclusion Coalition, Players will now have the option to voluntarily represent social causes with their stick tape throughout the season.”[6] This would have seemingly been a sensible stance for the NHL to have taken all along. Allowing voluntary, personal expressions for support of various social causes strikes a balance between allowing player autonomy of expression while removing the potential issues associated with team issued jerseys. The reversal came after Arizona Coyotes defenceman Travis Dermott used rainbow tape in a game against the Anaheim Ducks, in violation of NHL policy at the time. Dermott said, “I feel like we need supporters of a movement like this; to have everyone feel included really to beat home the idea that hockey is for everyone . . . .”[7] NHL Deputy Commissioner Bill Daly said, at the time, that there was no timeline for punishing Dermott and that the matter would be “handled in due course.”[8] The NHL apparently thought better of the entire ban on personal expression through the use of tape. It is important to remember that the league and the teams are not now mandating the use of rainbow tape; they are simply allowing its use. Support for the revised stance has been broad. Brian Burke summed it up: “Great news for the hockey community today. Congratulations and thank you to all of you who made your voices heard in support of LGBTQ+ inclusion in hockey- especially the courageous Travis Dermott.”[9]
[1] https://x.com/PR_NHL/status/1716871908430610885?s=20.
[2] https://theathletic.com/4994713/2023/10/24/nhl-pride-tape-ban-reversed/.
[3] Id.
[4] Id.
[5] https://www.sportsnet.ca/nhl/article/nhl-doing-away-with-pride-jerseys-other-specialty-uniforms-in-warmups/.
[6] https://x.com/PR_NHL/status/1716871908430610885?s=20.
[7] https://gophnx.com/travis-dermott-discusses-decision-to-use-pride-tape/.
[8] Id.
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