Think the Fury got what they deserved there... special circumstances, for me, apply when the league/competition they are applying to play in is a higher standard of play not offered locally.
USL vs CPL doesn't meet that bar but MLS does. USL was fine when Canada had no pro league, but given the cap etc I think it's easy to argue that MLS is unique/exceptional compared to the options on offer in Canada.
For me I look at the Welsh clubs in the english system, some of them are way down the ladder but overall it's a higher standard of competition and thus they haven't been forced into the welsh league.
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