San Jose sues Major League Baseball, challenging its monopoly power

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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 Braves are banning outside food. And they’re probably lying about why they’re doing it.

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Here’s a thing a lot of people don’t realize: there are a lot of ballparks that allow you to bring in outside food.

Not all of them, but a lot do. They don’t publicize it, obviously, because they want you to buy their expensive food, but if you go to the concessions policy page on most team’s websites, you can get the scoop. It often lists “soft-sided coolers” under “permitted items,” which is code for “yes, you can bring your own food in.” Some may specifically limit THAT to sealed plastic water bottles, but for the most part, if you can bring soft-sided coolers into the park, that means it’s OK to bring in grandma’s potato salad and a few sandwiches. They may check your coolers, of course, to make sure you’re not bringing in alcohol or whatever.

The Atlanta Braves have always allowed food into the ballpark. But thats going to change in shiny new Sun Trust Park. The AJC reports that the Braves have announced a new policy via which ticket holders will not be allowed to bring in outside food. Exceptions will be made for infant food and for special dietary restriction items.

Which, OK, it’s their park and their rules. If they want to cut out the PB&J for junior and force you to buy him a $9 “kids pack” — or if they want you to forego grandma’s potato salad to buy that pork chop sandwich we mentioned yesterday — that’s their choice. Everything else about the Braves new stadium has been about extracting money from fans, so why not the concessions policy too?

My beef with this is less about the policy. It’s about their stated reason for it:

The changes are a result of tighter security being put into place this season throughout the league, said the Braves spokesperson.

This, as the French say, is horses**t.

We know it is because not all teams are prohibiting outside food. If there are tighter security measures across the board, other teams are implementing them without the food restriction. Even the Yankees, who take security theater to extreme heights as it is, are still allowing fans to bring in their own food.

The Braves, I strongly suspect, are using these measures as an excuse to cut down on competition for their concessions. Which, like I said, go for it. Just be honest about what you’re doing and stop blaming “tightened security” for your cash grab.

Yadier Molina says Adam Jones “has to apologize to the Puerto Rican people”

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After the U.S. won the World Baseball Classic on Wednesday night, Adam Jones told a reporter that he and his teammates were motivated in part by the fact that Puerto Rico already had championship t-shirts printed up and plans for a parade/celebration in Puerto Rico in place beforehand.

Which, OK, whatever you need to motivate you, Adam, but all of that seems complicated by the fact that (a) ALL teams playing for a championship have pre-printed gear, thus enabling them to be put on moments after the final out; and (b) Puerto Rico’s celebration plans were not contingent on winning or losing. In fact, they went ahead and had a parade/celebration even though they lost. The WBC was a big deal to them in ways it simply wasn’t to the U.S., so it makes sense.

Yadier Molina of Team Puerto Rico did not take kindly to Jones’ comments. He tells ESPN Deportes this:

“Adam Jones … is talking about things he doesn’t know about,” Molina told ESPN. “He really has to get informed because he shouldn’t have said those comments, let alone in public and mocking the way [preparations] were made . . . He has to apologize to the Puerto Rican people,” Molina said. “Obviously, you wanted to win; he didn’t know what this means to [our] people.”

Kind of a messy little controversy, eh?

My feeling about it is that Jones probably didn’t know the whole story about Puerto Rico’s plans and misinterpreted celebration for arrogance. I also suspect that most players motivate themselves in all manner of irrational ways like this, but we just don’t hear about it all that much. Jones can do whatever he wants to psych himself up, but it changes the equation a bit when you talk about it to the press. Perceived slights that an athlete uses internally can seem petty once exposed to the light of day.

Either way: Jones does not have a reputation for being insulting or disrespectful, so I seriously doubt that was his intent here. I also think that, while Molina has a right to be miffed, the “he must apologize to the Puerto Rican people” thing is laying it on a bit thick. Maybe Jones can just text Molina and some P.R. players and say he was sorry, followed by a “we’re all good, man” and this can end? That makes the most sense.

If not, well, the Orioles do play the Cardinals in an interleague series this summer, so maybe we’ll see some fireworks.