San Jose sues Major League Baseball, challenging its monopoly power

26 Comments

The City of San Jose has sued Major League Baseball in an effort to get the Oakland A’s to relocate to San Jose, to challenge the Giants claim to rights over the territory and to challenge Major League Baseball’s long-standing monopoly power.

The lawsuit, a copy of which can be seen here, and which is analyzed in-depth here, alleges that Major League Baseball has caused San Jose to lose prospective financial benefits and deals by virtue of the A’s moving there and violations of state and federal antitrust laws.

This will get big headlines, but until I see the lawsuit or have someone tell me otherwise, I can’t see how the City of San Jose would have a leg to stand on. Literally: I think legal standing is a big, big problem here.

Standing, for purposes of a lawsuit, is the idea that focuses on whether a plaintiff in a lawsuit can show that he or she some personal legal interest that has been damaged by the defendant. It is not enough that the plaintiff has an interest of sorts or a prospective interest. It has to be a concrete personal stake in the outcome of the suit. You may be very interested in a big real estate deal going down, but you can’t sue the people involved for not letting you into the deal on the idea that, “man, I would’ve made a ton of money!”  You have to be in the deal already and have your rights violated.

I don’t see how San Jose has that standing here. Yes, they would benefit greatly from the A’s moving to San Jose and yes MLB’s monopoly rules which control where franchises can and cannot be are preventing it. But they are not party to those rules. They have no hard and fast deal with the Oakland A’s yet. There have been statements of principles and plans announced pending MLB approval of an A’s move, but nothing hard and in stone. Indeed, if the A’s had committed to San Jose in such a way already, the Giants and/or Major League Baseball likely would have sued them by now.

I hate baseball’s monopoly power. I think it makes watching games on TV difficult and I think it makes the game less competitive by keeping teams from doing everything they can to compete. But that doesn’t give me the right to sue Major League Baseball over it. The A’s in San Jose would make San Jose’s life way better too, many would argue. But just because they’re not doesn’t give San Jose the right to sue either. What would make this different is if Lew Wolff and the A’s were involved. And I find it almost impossible to believe that they would be.

UPDATE: How about more than impossible the A’s would be involved here. From Michael McCann’s column about Frank McCourt back in 2011 in Sports Illustrated:

MLB could also highlight the “waiver of recourse” clause found in the MLB constitution. This clause prevents clubs from engaging in litigation against the commissioner, the league or other owners. Indeed, by virtue of becoming a franchise owner, an owner waives away the right to seek remedies that would normally be available through the legal system. The clause also compels owners to resolve their differences internally and to accept the commissioner’s judgment as binding.

This would prevent the A’s from joining in.  I’m told the San Jose complaint, however, alleges that the MLB Constitution is expired now. Which would be odd, but that’s the claim. Likely asserted so that the A’s could later join the suit if it gets further down the road.

The umps have dropped their Ian Kinsler protest

Getty Images
5 Comments

Over the weekend the World Umpires Association — the umpire’s union —  launched a protest in response to what it feels is Major League Baseball’s failure to adequately address the “escalating attacks” on the men in blue. They were specifically upset that Ian Kinsler didn’t get suspended for his remarks in which he said that Angel Hernandez should get out of the umpiring business because he’s terrible. Apparently to umpires truth is no defense. In any event, they wore white wristbands Saturday night as a sign of solidarity or whatever.

Now that’s over, it seems. At least for the time being. The Association released this statement yesterday afternoon:

“Today, WUA members agreed to the Commissioner’s proposal to meet with the Union’s Governing Board to discuss the concerns on which our white wristband protest is based. We appreciate the Commissioner’s willingness to engage seriously on verbal attacks and other important issues that must be addressed. To demonstrate our good faith, MLB Umpires will remove the protest white wristbands pending the requested meeting.”

As many noted over the weekend — most notably Emma Span of Sports Illustrated — this protest was, at best, tone deaf. While officials are, obviously, due proper respect, a player jawing at an umpire is neither unprecedented nor very serious compared to, well, almost anything that goes on in the game or in society. At a time when people are literally taking to the streets to protest white supremacy, Neo-Nazis and the KKK, asking folks to spare thoughts for some people who sometimes have to take guff over ball and strike calls is not exactly a cause that is going to draw a ton of sympathy. And that’s before you address the fact that the umpires are not innocent when it comes to stoking the animosity between themselves and the players.

I wouldn’t expect to hear too much more out of this other than, perhaps, a relatively non-committal statement from Major League Baseball and a relatively detail-free declaration of victory by the umpires after their meeting.

 

Minor league teams prepare for a “total eclipse of the park”

Salem Volcanoes
2 Comments

The Salem-Keizer Volcanoes are a class-A affiliate of the San Francisco Giants. Today, the path of totality of the big solar eclipse we’re not supposed to look at will pass right through the ballpark in which they play. What’s better: the Volcanoes are playing a game against the Hillsboro Hops as it happens.

This was by design: the team’s owner requested this home game when the schedule was made up two years ago specifically to market the heck out of the eclipse. They’re starting the game at 9:30 this morning, Pacific time, in order to maximize the fun. Spectators will receive commemorative eclipse safety glasses to wear. The game will be delayed when the eclipse hits and a NASA scientist named Noah Petro, who is from the area, will talk to the crowd about what is going on.

Salem-Keizer isn’t the only minor league game affected, by the way. There are six games in all which will feature a “total eclipse of the park.” Turn around, bright eyes.

There are no home MLB games going on in the path of totality, but MLB has put together a helpful guide in order to maximize your baseball and eclipse pleasure. If you line up some good beer with that you’l have your very own national pastime syzygy.