Apparently this happened last month, but I missed it. There’s a new article up about it now, though, and it reminds us of the world in which we live these days:
In July, Yankee Stadium became the first sports facility to earn the coveted federal “Safety Act” designation. That means the facility has passed a battery of tests and won approval from the Department of Homeland Security, so the Yankees have been granted a wide-ranging immunity from future lawsuits that might stem from terrorist attacks.
I’m not terribly familiar with this designation, but I came across it (or something like it) back in the legal days in the form of products liability protection for companies that make certain anti-terrorism technologies or take certain anti-terrorism measures.
The idea is that we don’t want to punish people for being unsuccessful in combating terrorism and creating a situation in which someone is better off not even trying to do something safe (when they can claim the terrorism was totally unforeseen) than it is to try to combat it and come up short. In the stadium context, it allows the Yankees to do, well, whatever the Yankees may try to do security-wise, without later having someone say that they did it in a substandard manner and filing suit.
I get it and understand the incentives in play. And God knows that people will come out of the woodwork to sue if something were to happen. But like any other sort of lawsuit immunity, it’s a double-edged sword. Yes, it may grant the Yankees greater latitude to do the right thing, but it will also incentivize them (and enable them) to make it way harder for people to sue them for legitimate things. “Oh, our beer vendor hit you over the head with his tray? Sorry, but that’s terrorism!”
Maybe that sounds crazy to you, but anyone who has ever been involved in the lawsuit biz knows that crazier things happen all the time and that there’s very little downside to asserting silly defenses like that. Because hey, they may work, and even if they don’t, they delay things.
(thanks to reader Johanna S. for the heads up)
The Yankees are facing a convoluted path to the postseason, and they didn’t do themselves any favors after Todd Frazier fell for Ryan Goins‘ hidden ball trick in the third inning of Friday’s series opener. With one out and Frazier on second base, Jacoby Ellsbury skied a deep fly ball to right field, where it was caught by Jose Bautista just shy of the warning track and tossed back to Goins at second. Goins faked the throw to Marco Estrada, then sneakily (or not so sneakily, depending on your vantage point) gloved the ball and caught Frazier off the bag for the third out.
Of course, it helped that Frazier’s back was turned during the throw, so Goins’ fake-out may not have been as obvious as it was when the Yankees reviewed the tape several minutes later.
Goins earned another spot on the highlight reel in the sixth inning, mashing his second grand slam of the season while Frazier — and the rest of the Yankees’ offense, sans one home-run-record-slaying Aaron Judge — scrambled to catch up. The Yankees currently trail the Blue Jays 8-1 in the bottom of the eighth inning, and will need to pull off a comeback (and hope the Astros and Athletics clinch their respective games) before they can lay claim to a playoff spot.
The Blue Jays have shut down left fielder Steve Pearce for the remainder of the season following a lingering case of lower back stiffness. Pearce has not appeared in a game since September 8, when he was forced to exit in the first inning after experiencing back pain during his at-bat. Per Ben Nicholson-Smith of Sportsnet.ca, he’s scheduled to return to Florida next week, where he’ll receive epidural injections to address the pain.
Pearce, 34, impressed in his first season with Toronto. He battled through a calf injury during the first half of the season and finished the year with a modest .252/.319/.438 batting line, 13 home runs and a .757 OPS through 348 PA. By September, the Blue Jays started testing the waters with outfield prospect Teoscar Hernandez, who shouldered the bulk of the starts in left field after Pearce was sidelined with back issues.
With the Blue Jays all but eliminated from playoff contention, however, there’s no rush to get Pearce back to the outfield. He should be in fine shape to compete for another starting role in spring, and could face stiff competition from Hernandez if the rookie continues building on his .278 average and three home runs this month. The veteran outfielder is slated to receive the remaining $6.25 million on his contract in 2018 and will be eligible for free agency in 2019.