Former cheerleaders’ suit against team heads to arbitration

Five former Texans cheerleaders who sued the team last month alleging workplace violations have agreed to dismiss the suit and submit their complaints against the team to binding arbitration.

U.S. District Judge David Hittner signed an order last Thursday dismissing the lawsuit filed by women’s advocacy lawyer Gloria Allred and Houston attorney Kimberly Spurlock. The case was dismissed without prejudice, meaning it can be refiled.

A separate lawsuit filed in May against the team and its cheerleaders supervisor, Altovise Gary, remains pending before U.S. District Judge Kenneth Hoyt. That lawsuit, however, also is likely to be dismissed and the case sent to arbitration, said Houston attorney Bruse Loyd.

“We have discussed the pros and cons of fighting this or going to arbitration, but the decision has not been made,” Loyd said. “But that looks like what we ought to do, and I believe it’s going to happen.”

The Texans filed motions in both cases last month asking that they be dismissed or stayed pending arbitration. The team noted that contracts signed by the cheerleaders required disputes to be submitted to arbitration under the direction of NFL commissioner Roger Goodell or by a company employed by the league to handle such disputes.

Both lawsuits accuse the Texans of failing to pay minimum wage and overtime to cheerleaders and subjecting them to unsafe working conditions.

Neither Allred nor Spurlock had immediate comment on the decision to seek arbitration, and the Texans had no immediate comment.