bbwaa logo

Did the BBWAA violate its own Constitution in disciplining Dan LeBatard? Maybe? I can’t tell.


Dan Szymborski alerts me to something that is potentially  — and I stress “potentially” — quite delicious. It seems that the BBWAA Constitution — under which the BBWAA suspended Dan LeBatard for giving his vote to Deadspin — requires notice and hearing before disciplinary action. Notice and hearing that could not have possibly taken place before his suspension today:


Section 3: As the Association’s disciplinary commission, the Board shall be empowered to investigate charges and conduct trials in special meetings in the following manner:

A written statement of charges of any alleged misconduct against a member shall be served on the respondent at least 15 days in advance of any hearing or trial. The written statement shall include a reference to the provision in the Constitution or other governing rule or regulation alleged to have been violated, as well as a statement of the conduct of the respondent that is alleged to have violated that provision.

The Association and the respondent shall exchange lists of witnesses and copies of all exhibits that they propose to submit at the hearing or trial at least five days in advance of the hearing or trial.

At the hearing or trial, both the Association and the respondent shall be given a reasonable opportunity to cross-examine each others’ witnesses, as well as to present witnesses on their own behalf and to present relevant documentary evidence.

Obviously none of that has or could have happened given that LeBatard’s identity as the Deadspin Whisperer wasn’t revealed until yesterday.

That said, there is another section in the Constitution which works against this, as it suggests that one-year suspensions — which LeBatard recevied — can happen “automatically.”

B: Members shall adhere to the objects and ethics of the Association and shall exercise utmost care in the duties and privileges of memberships.

    1. 1. Violators’ memberships shall be suspended automatically by any Chapter Chair or Association Warden for one year dating there from. This offense shall be reported to the Secretary-Treasurer and the card of the offender shall be revoked.
    1. Reinstatement after suspension shall, in addition to regular qualification, require payment of annual dues for the period of suspension.

This is a little problematic in that neither section references the other, which you would normally expect when one term limits another term of such a document. It’s possible that this is just bad drafting. It’s possible that the one-year “automatic” suspension refers to different kinds of suspensions — ones by local chapter chairs instead of the Board of Directors, for example — than the one LeBatard got. It’s also possible that LeBatard indicated to the BBWAA that he’d waive all hearing and appeal rights and just take his medicine so none of this potential ambiguity matters in the least.

If he did want to challenge this — and if I’m not simply missing something in the BBWAA Constitution — he could theoretically sue to be reinstated or something, arguing that his organization didn’t follow its own rules. But really, it’s highly unlikely he’d bother given that he basically gave the BBWAA the big kiss off with his comments in Deadspin yesterday.

I’d be curious for others — especially others with legal backgrounds — to look at these two provisions and the BBWAA Constitution and see if I’m out to lunch or if LeBatard would actually have something to argue about if he wanted to. My presumption is that the BBWAA Board of Directors thought about all of this beforehand and that there isn’t much here, but my litigator’s eye keeps going to the notice and hearing provision and thinking … “hmmm”

Ohio Governor John Kasich Says Baseball is dying, you guys

COLUMBUS, OH - MAY 4: Republican presidential candidate Ohio Gov. John Kasich speaks to the media announcing he is suspending his campaign May 4, 2016 in Columbus, Ohio. Kasich is the second Republican candidate within a day to drop out of the GOP race. (Photo by J.D. Pooley/Getty Images)
Getty Images

For reasons that are not entirely clear to me the governor of my state, John Kasich, was on The Dan Patrick Show today. He had some bad news, unfortunately. According to Kasich, “baseball is going to die.”

It’s based mostly on his belief that, because some clubs are rich and some clubs are not so rich, and because players make too much money, poor teams cannot compete and fans cannot find a basis for team loyalty. He cites his boyhood rooting for the Pittsburgh Pirates and the ability for fans to root for players on the same teams year-in, year-out and claims that, if you don’t root for a high-payroll team, “your team is out before the All-Star Break.” Which is demonstrably not true, but he was on a roll so Patrick let him finish.

The real issue, Kasich says, is the lack of revenue sharing in the NFL-NBA mold. He makes a reference to “my buddy Bob Castellini,” the owner of the Cincinnati Reds, and says stuff about how the Reds can’t compete with the Cubs on payroll. His buddy Bob Castellini, by the way, is worth half a billion dollars, purchased the Reds for $270 million, they’re now worth an estimated $905 million, and they just signed a lucrative new TV deal, so thoughts and prayers to his buddy Bob Castellini and the Reds.

Kasich is right that baseball does not have straight revenue sharing like the NFL and NBA do. But he’s also comically uninformed about the differences in financial structure and revenue sources for baseball teams on the one hand and other sports on the other. He talks about how NFL teams in small towns like Green Bay can do just great while the poor sisters in Cincinnati can’t do as well in baseball, but either doesn’t realize or doesn’t acknowledge that local revenue — especially local TV revenue — pales in importance in football compared to baseball. If the Packers had to make all of their money by broadcasting games to the greater Green Bay area their situation would be a lot different. Meanwhile, if the Yankees had to put all of the revenue they receive via broadcasts in the greater New York area and give it to the poorer teams, it would something less than fair, would it not?

Wait, that’s it! I realize now why my governor did not do as well in the Republican primaries as he expected to! HE’S A COMMUNIST!

Billy Williams, Bill Murray and . . . Fall Out Boy!

CHICAGO, IL - APRIL 08:  Former players Ferguson Jenkins (L) and Billy Williams of the Chicago Cubs throw out ceremonial first pitches before the Opening Day game against the Milwaukee Brewers during the Opening Day game at Wrigley Field on April 8, 2013 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
Getty Images

Major League Baseball has announced the on-field ceremonial stuff for tonight’s Game 3 of the World Series. There are a couple of good things here! And one bit of evidence that, at some point when he was still commissioner, Bud Selig sold his mortal soul to a pop punk band and now the league can’t do a thing about it.

The ceremonial first pitch choice is fantastic: it’s Billy Williams, the Hall of Famer and six-time All-Star who starred for the Cubs from 1959 through 1974. Glad to see Williams here. I know he’s beloved in Chicago, but he has always seemed to be one of the more overlooked Hall of Famers of the 1960s-70s. I’m guessing not being in the World Series all that time has a lot to do with that, so it’s all the more appropriate that he’s getting the spotlight tonight. Here’s hoping Fox makes a big deal out of it and replays it after the game starts.

“Take me out to the ballgame” will be sung by the guy who, I assume, holds the title of Cubs First Fan, Bill Murray. It’ll be wacky, I’m sure.

The National Anthem will be sung by Chicago native Patrick Stump. Who, many of you may know, is the lead singer for Fall Out Boy. This continues Major League Baseball’s strangely strong association with Fall Out Boy over the years. They, or some subset of them, seem to perform at every MLB jewel event. They have featured in MLB’s Opening Day musical montages. They played at the All-Star Game this summer. Twice. And, of course, they are the creative minds behind “My Songs Know What You Did in the Dark,” (a/k/a “light ’em MUPMUPMUPMUP“) which Major League Baseball and Fox used as incessant playoff bumper music several years ago. I don’t ask for much in life, but one thing I do want is someone to love me as much as Major League Baseball loves Fall Out Boy. We all do, really.

Wayne Messmer, the former public address announcer for the Cubs and a regular performer of the National Anthem at Wrigley Field will sing “God Bless America.”

Between that and Bill Murray, I think we’ve found out the Cubs strategy for dealing with Andrew Miller: icing him if he tries to straddle the 6th and 7th innings.