June 19, 2019 at 02:57AM
The new documentary "A Woman's Work: The NFL's Cheerleader Problem" has stoked an issue that began five years ago, but still has more questions than answers: The saga of the Buffalo Jills.
The film examines the league's treatment of cheerleaders through the lens of the Jills and the Oakland Raiderettes, two squads with members who sued for better pay. The results are starkly different: The Raiderettes reach a settlement with the Raiders in less than a year. The Jills' lawsuits, which began in 2014, are still going.
Following the publication of our June 12 story on "A Woman's Work," readers sent us questions, the most frequent of which is: "Will the Jills ever be coming back?"
News Digital Engagement Editor Qina Liu compiled these questions and comments from social media. They are answered here by News Reporter Tim O'Shei.
From @amynervo on Instagram: Is this the reason they were disbanded? I always wondered why the Bills got rid of their cheerleaders.
O'Shei: Yes. Issues stemming from the lawsuits are why the Jills shut down. The first legal actions were filed in 2014, and although the Jills had already selected their team for the season, they decided to cancel.
At first it was a matter of money. The Jills cheerleaders were compensated for corporate appearances only. Practices, games and charitable appearances were all unpaid, a point that is central to the lawsuits. The most immediate way to address the problem at hand would have been to start paying the cheerleaders minimum wage for all their work beginning with the 2014 season. It may not have made the litigation go away, though it would have been a constructive step. But Jills director Stephanie Mateczun and her company, Stejon Productions, apparently didn't have the funding to do that.
Soon, bad publicity piled on. Media coverage began focusing on things like a rulebook that advised Jills cheerleaders on topics such as dining etiquette and feminine hygiene, and on the team's physique evaluations, which determined whether a woman could cheer in that week's game. Stories began surfacing of cheerleaders being expected to sit on men's laps in golf carts at a tournament. The public also learned that Jills cheerleaders were required to purchase their uniform and front the money for swimsuit calendars they could resell for profit.
Many former cheerleaders are quick to defend the Jills' leadership, pointing out that the financial arrangements were clear up front and some of the negative stories have been taken out of context. Regardless, the harshness of the criticism was overwhelming, and it became untenable for the Jills to take the field. They canceled the 2014 season and have never come back.
•••
From @leighahew on Instagram: Why can't we just pay them? Is it that hard?
O'Shei: The reason provided by the team is the Bills outsourced their cheerleading, making compensation the responsibility of others.
Team officials generally aren't speaking on the record about this matter, because it's an ongoing legal case. But a statement released by the team after a court decision two years ago provides some insight. It reads, in part: "As we have stated since the filing of this lawsuit, the Bills should not be a defendant in this lawsuit because the Bills contracted with third parties to hire, train, manage and compensate the cheerleaders."
That same statement emphasizes that the team "outsourced cheerleading to third parties."
An important note: Though the team outsourced its cheerleading, it did not pay Mateczun to run the Jills. When Citadel (now Cumulus) Broadcasting's 97 Rock sponsored the cheerleading team, she was paid a salary by the radio station to run the Jills and find sponsorship revenue. The Bills did not pay Mateczun, or pay for the cheerleaders, except for some corporate appearance fees. It was up to Mateczun and the radio station to generate revenue.
The Bills are essentially saying, "Leave us out of this.We weren't involved."
Meanwhile, the lawyers for the former Jills who are suing contend that the Bills' game-day entertainment package was enhanced by the cheerleaders, and therefore the Bills have a responsibility to compensate them for it.
•••
From @stefanie.baxter.9 on Instagram: So basically this was a volunteer position? Didn't they know that? Could leave anytime they felt they were just being used for publicity? Now they are complaining? I don't understand.
O'Shei: By most accounts, yes, the cheerleaders knew the deal from the first meetings. And yes, they could leave. The point you're making echoes one made to me by former Jills co-captain Loren Kuwik, who is opposed to the lawsuits. "It just blows my mind," she told me while we watched the documentary together. "If you had such a problem volunteering your time, just because you weren't being compensated for it, then why were you there? Get a paid dancing job somewhere."
The opposing view comes from Maria Pinzone, one of the former Jills who sued and one of the main subjects of "A Woman's Work." She told me her realization that the cheerleaders' deal wasn't good, in her view, came over time. "After getting done with the season, and even going through it, I just kind of felt like something wasn't right," she said. "It was just a gut feeling going through the process, and how I was able to move forward with the lawsuit."
Former Buffalo Jill Maria Pinzone, left, at the Tribeca Film Festival screening of "A Woman's Work" with director Yu Gu and Lacy Thibodeaux-Fields, a former Oakland Raiders cheerleader. (Monica Schipper/Getty Images)
From @nederlandfutbol on Instagram: Why can't this be resolved?
O'Shei: The case has been held up for the last two years by the bankruptcy of Cumulus Broadcasting Co.
Sean Cooney, the lawyer who represents Pinzone and the other Jills who are suing, told us he expects the case to start moving forward this summer. That will either mean additional depositions and discovery, or negotiations that perhaps result in a settlement.
•••
From @magic_ll_mark on Instagram: Why doesn't the NFL care?
O'Shei: I'll leave it to others to judge how the NFL "cares" about this issue. Looking at the cheer-pay issue beyond Buffalo: Bills fans should recognize the Jills' situation is unusual compared to other NFL teams whose cheerleaders have sued.
For one, it's slower.
The other featured cheerleader in "A Woman's Work," Lacy Thibodeaux-Fields, sued the Oakland Raiders in early 2014 and ultimately reached a settlement later that year. That story, from start to finish, is captured in the film. By contrast, "A Woman's Work" filmmaker Yu Gu followed Pinzone of the Jills for four years, and there is still no ending.
Why are we so complicated here in Buffalo? The third-party outsourcing of the Jills is likely one reason. The Cumulus bankruptcy is another.
It's also worth noting the timing of events in 2014: Team owner and founder Ralph Wilson died in March of that year. The lawsuit was filed in April. Terry and Kim Pegula purchased the team in September, inheriting the lawsuit. The executive who bridged both Bills ownerships, then-team President Russ Brandon, resigned last year under less-than-friendly circumstances.
During a 2016 deposition, Brandon said of the Jills, "They were inconsequential from a business standpoint to me." During that same deposition, Brandon seemed to notice that his remarks may be construed as flippant. "I don't want it to be disrespectful," he said.
Think about all this: In many lawsuits focusing on workers' wages, a big company may ultimately acknowledge the issue, change pay practices, write a settlement check and move forward.
But in Buffalo, we have a football team that didn't actually run its own cheerleading squad, and that arrangement came under former ownership. The executive who was in charge of the team is now gone (though Brandon will likely be called for another deposition once the case starts moving). Another defendant in the lawsuit – Cumulus/Citadel – is bankrupt.
It's not so simple here in Buffalo.
•••
From Phil Brady: I wonder what the contract status is with Stejon Productions ... once the lawsuit is settled, are the Bills going to be able to run a new squad or are they beholden to the private contractor at the center of the issues?
O'Shei:The Bills own the Jills trademark, so presumably they could relaunch the Jills – or another cheer-dance team of some sort – if they like.
•••
From @thugick on Instagram: What's Kim Pegula's thoughts? Has the Bills org made any effort to correct this or make right by previous Jills?
O'Shei:Bills President and co-owner Kim Pegula, like the executives who work for her, is declining to comment due to litigation. As far as making things right for previous Jills, not all the former cheerleaders even want something from the Bills. The class-action lawsuit that is currently filed had 134 potential members. Of those former cheerleaders, 60 opted out.
In 2014, the lacrosse cheer-dance team Buffalo Bandettes changed their compensation structure from a per-game payment to an hourly wage for practice, games and appearances. (Mark Mulville/News file photo)
An example provided to us by multiple former members of the Buffalo Bandettes, the cheer-dance team for lacrosse's Bandits, may provide a small window into the Pegulas' thinking: After the Jills lawsuits were filed in 2014, Pegula Sports and Entertainment changed the pay model for the Bandettes. (When the Pegulas bought the Sabres in 2011, the Buffalo Bandits lacrosse team was part of the package.) Before 2014, the Bandettes were paid only a per-game fee. But after the lawsuits – which are only related to the Jills, not the Bandettes – they began receiving an hourly minimum wage for practices, appearances and games.
That said, Pegula Sports executives declined to comment when we asked about the Bandettes' pay change. We know it happened, and it happened under Pegula ownership, but it's unclear how directly involved Kim (or Terry) Pegula was in that decision.
•••
From @ajdevincentis on Instagram: Any chance we see
The new documentary "A Woman's Work: The NFL's Cheerleader Problem" has stoked an issue that began five years ago, but still has more questions than answers: The saga of the Buffalo Jills.
The film examines the league's treatment of cheerleaders through the lens of the Jills and the Oakland Raiderettes, two squads with members who sued for better pay. The results are starkly different: The Raiderettes reach a settlement with the Raiders in less than a year. The Jills' lawsuits, which began in 2014, are still going.
Following the publication of our June 12 story on "A Woman's Work," readers sent us questions, the most frequent of which is: "Will the Jills ever be coming back?"
News Digital Engagement Editor Qina Liu compiled these questions and comments from social media. They are answered here by News Reporter Tim O'Shei.
From @amynervo on Instagram: Is this the reason they were disbanded? I always wondered why the Bills got rid of their cheerleaders.
O'Shei: Yes. Issues stemming from the lawsuits are why the Jills shut down. The first legal actions were filed in 2014, and although the Jills had already selected their team for the season, they decided to cancel.
At first it was a matter of money. The Jills cheerleaders were compensated for corporate appearances only. Practices, games and charitable appearances were all unpaid, a point that is central to the lawsuits. The most immediate way to address the problem at hand would have been to start paying the cheerleaders minimum wage for all their work beginning with the 2014 season. It may not have made the litigation go away, though it would have been a constructive step. But Jills director Stephanie Mateczun and her company, Stejon Productions, apparently didn't have the funding to do that.
Soon, bad publicity piled on. Media coverage began focusing on things like a rulebook that advised Jills cheerleaders on topics such as dining etiquette and feminine hygiene, and on the team's physique evaluations, which determined whether a woman could cheer in that week's game. Stories began surfacing of cheerleaders being expected to sit on men's laps in golf carts at a tournament. The public also learned that Jills cheerleaders were required to purchase their uniform and front the money for swimsuit calendars they could resell for profit.
Many former cheerleaders are quick to defend the Jills' leadership, pointing out that the financial arrangements were clear up front and some of the negative stories have been taken out of context. Regardless, the harshness of the criticism was overwhelming, and it became untenable for the Jills to take the field. They canceled the 2014 season and have never come back.
•••
From @leighahew on Instagram: Why can't we just pay them? Is it that hard?
O'Shei: The reason provided by the team is the Bills outsourced their cheerleading, making compensation the responsibility of others.
Team officials generally aren't speaking on the record about this matter, because it's an ongoing legal case. But a statement released by the team after a court decision two years ago provides some insight. It reads, in part: "As we have stated since the filing of this lawsuit, the Bills should not be a defendant in this lawsuit because the Bills contracted with third parties to hire, train, manage and compensate the cheerleaders."
That same statement emphasizes that the team "outsourced cheerleading to third parties."
An important note: Though the team outsourced its cheerleading, it did not pay Mateczun to run the Jills. When Citadel (now Cumulus) Broadcasting's 97 Rock sponsored the cheerleading team, she was paid a salary by the radio station to run the Jills and find sponsorship revenue. The Bills did not pay Mateczun, or pay for the cheerleaders, except for some corporate appearance fees. It was up to Mateczun and the radio station to generate revenue.
The Bills are essentially saying, "Leave us out of this.We weren't involved."
Meanwhile, the lawyers for the former Jills who are suing contend that the Bills' game-day entertainment package was enhanced by the cheerleaders, and therefore the Bills have a responsibility to compensate them for it.
•••
From @stefanie.baxter.9 on Instagram: So basically this was a volunteer position? Didn't they know that? Could leave anytime they felt they were just being used for publicity? Now they are complaining? I don't understand.
O'Shei: By most accounts, yes, the cheerleaders knew the deal from the first meetings. And yes, they could leave. The point you're making echoes one made to me by former Jills co-captain Loren Kuwik, who is opposed to the lawsuits. "It just blows my mind," she told me while we watched the documentary together. "If you had such a problem volunteering your time, just because you weren't being compensated for it, then why were you there? Get a paid dancing job somewhere."
The opposing view comes from Maria Pinzone, one of the former Jills who sued and one of the main subjects of "A Woman's Work." She told me her realization that the cheerleaders' deal wasn't good, in her view, came over time. "After getting done with the season, and even going through it, I just kind of felt like something wasn't right," she said. "It was just a gut feeling going through the process, and how I was able to move forward with the lawsuit."
Former Buffalo Jill Maria Pinzone, left, at the Tribeca Film Festival screening of "A Woman's Work" with director Yu Gu and Lacy Thibodeaux-Fields, a former Oakland Raiders cheerleader. (Monica Schipper/Getty Images)
From @nederlandfutbol on Instagram: Why can't this be resolved?
O'Shei: The case has been held up for the last two years by the bankruptcy of Cumulus Broadcasting Co.
Sean Cooney, the lawyer who represents Pinzone and the other Jills who are suing, told us he expects the case to start moving forward this summer. That will either mean additional depositions and discovery, or negotiations that perhaps result in a settlement.
•••
From @magic_ll_mark on Instagram: Why doesn't the NFL care?
O'Shei: I'll leave it to others to judge how the NFL "cares" about this issue. Looking at the cheer-pay issue beyond Buffalo: Bills fans should recognize the Jills' situation is unusual compared to other NFL teams whose cheerleaders have sued.
For one, it's slower.
The other featured cheerleader in "A Woman's Work," Lacy Thibodeaux-Fields, sued the Oakland Raiders in early 2014 and ultimately reached a settlement later that year. That story, from start to finish, is captured in the film. By contrast, "A Woman's Work" filmmaker Yu Gu followed Pinzone of the Jills for four years, and there is still no ending.
Why are we so complicated here in Buffalo? The third-party outsourcing of the Jills is likely one reason. The Cumulus bankruptcy is another.
It's also worth noting the timing of events in 2014: Team owner and founder Ralph Wilson died in March of that year. The lawsuit was filed in April. Terry and Kim Pegula purchased the team in September, inheriting the lawsuit. The executive who bridged both Bills ownerships, then-team President Russ Brandon, resigned last year under less-than-friendly circumstances.
During a 2016 deposition, Brandon said of the Jills, "They were inconsequential from a business standpoint to me." During that same deposition, Brandon seemed to notice that his remarks may be construed as flippant. "I don't want it to be disrespectful," he said.
Think about all this: In many lawsuits focusing on workers' wages, a big company may ultimately acknowledge the issue, change pay practices, write a settlement check and move forward.
But in Buffalo, we have a football team that didn't actually run its own cheerleading squad, and that arrangement came under former ownership. The executive who was in charge of the team is now gone (though Brandon will likely be called for another deposition once the case starts moving). Another defendant in the lawsuit – Cumulus/Citadel – is bankrupt.
It's not so simple here in Buffalo.
•••
From Phil Brady: I wonder what the contract status is with Stejon Productions ... once the lawsuit is settled, are the Bills going to be able to run a new squad or are they beholden to the private contractor at the center of the issues?
O'Shei:The Bills own the Jills trademark, so presumably they could relaunch the Jills – or another cheer-dance team of some sort – if they like.
•••
From @thugick on Instagram: What's Kim Pegula's thoughts? Has the Bills org made any effort to correct this or make right by previous Jills?
O'Shei:Bills President and co-owner Kim Pegula, like the executives who work for her, is declining to comment due to litigation. As far as making things right for previous Jills, not all the former cheerleaders even want something from the Bills. The class-action lawsuit that is currently filed had 134 potential members. Of those former cheerleaders, 60 opted out.
In 2014, the lacrosse cheer-dance team Buffalo Bandettes changed their compensation structure from a per-game payment to an hourly wage for practice, games and appearances. (Mark Mulville/News file photo)
An example provided to us by multiple former members of the Buffalo Bandettes, the cheer-dance team for lacrosse's Bandits, may provide a small window into the Pegulas' thinking: After the Jills lawsuits were filed in 2014, Pegula Sports and Entertainment changed the pay model for the Bandettes. (When the Pegulas bought the Sabres in 2011, the Buffalo Bandits lacrosse team was part of the package.) Before 2014, the Bandettes were paid only a per-game fee. But after the lawsuits – which are only related to the Jills, not the Bandettes – they began receiving an hourly minimum wage for practices, appearances and games.
That said, Pegula Sports executives declined to comment when we asked about the Bandettes' pay change. We know it happened, and it happened under Pegula ownership, but it's unclear how directly involved Kim (or Terry) Pegula was in that decision.
•••
From @ajdevincentis on Instagram: Any chance we see the Jills in the sideline again?
From @buffaloshouts on Instagram: Will they ever be back?
O'Shei: Tough to say. In reporting the story, I didn't detect reasons to be optimistic that the Jills will be back. But we really won't know until the legal cases are wrapped. Many former Jills on both sides of the issue are hoping for it. Officials from the Bills and Pegula Sports are mum on this question.
•••
From @Bills_Chick on Twitter: I think the Pegulas should settle the lawsuit, but let the Jills die. Cheerleaders are representative of a bygone era.
O'Shei: We included your comment in this Q&A because it made me think of a question I posed to Yu Gu, the filmmaker of "A Woman's Work." I asked her to talk about how cheerleading fits into our society in the #MeToo age, and here's what she said:
"For me, the #MeToo movement is not about desexualizing women. That is not what it's about. The people who started the #MeToo movement are beautiful, sexy, gorgeous actresses, or women who are known and valued for their beauty and their attractiveness. They're not saying, 'Oh, we want to be desexualized.'
"I think what it's about is putting agency in women's hands … having that expression of their sexuality, of beauty, come from that place of ownership, that is what the #MeToo movement is about. Because then you have the choice, the control, the power to draw lines."
'The NFL's Cheerleader Problem' and the Buffalo Jills: What happened?