Dan Warthen

Jon Niese bristles at the media reporting Dan Warthen’s racial slur — and I sorta understand why

45 Comments

I usually have super strong and certain opinions about things. Especially when they concern the media. But this situation has me waffling and wondering all over the place, and I feel like just talking through it. Cool? Cool.

Yesterday a story by Stu Woo of the Wall Street Journal was published in which he described Mets pitching coach Dan Warthen using a racial slur in the Mets’ clubhouse. Last night the Mets and Warthan issued statements apologizing. End of story?

I didn’t think it would be at the time. Mostly because I assumed that there would be some blowback at Woo for writing the story to begin with. Blowback from either reporters or the Mets about Woo repeating or describing things which took place in the clubhouse and perhaps some quibbling about what is and what is not off the record. The first instance of it came a few minutes ago:

We are definitely in an interesting, gray and/or fine line area with all of this. I can see both sides of it.

On the one hand, the clubhouse was open to reporters at the time. It’s not open that much. An hour or so in the morning and then for a while after game time. Players and coaches have several hours in the morning  when the clubhouse is, most definitely, their castle and sanctuary. And heck, even when it is open to the press, there are several places players can and often do go to avoid the media. Workout rooms, lounges, breakfast/lunch areas, trainer’s rooms, offices and the like, all marked clearly with “no media beyond this point” signs. While they may say the media is intruding on their space and privacy, it’s a very small intrusion for a very short amount of time for a reason their team and most players and coaches are perfectly fine with.

On the other hand: even if one spends as little time in a clubhouse as I do, the vibe and, dare I say it, unwritten rules of the place become almost immediately apparent. As a reporter you’re a guest there and you just get a feeling that some stuff is fair game and some isn’t. I’ve heard players tell the most crude jokes ever. Make comments about the news or whatever is on the clubhouse TV that one does not say in polite company. Look at videos on their iPads that make it very clear there are no filters on the team’s internet connection.  Stuff that, if it was on the record in a newspaper, would turn these players and coaches into public enemy number one. My personal feeling about that is that most of that stuff is not really newsworthy in and of itself; and it feels wrong to put it out there for it’s own sake without some sort of compelling reason.

Certainly not just to put the player or coach in a bad light. I mean, last week I talked about a poster in Clint Hurdle’s office and the particular arrangement Brad Ausmus’ office supplies. Those things, I felt, provided some flavor and insight into these guys’ character. And, unless I’ve greatly miscalculated, are not things that would make any reasonable person think poorly of those two. Quite the opposite, actually. Not that I care so much about what people think of them. I mean, it’s not my job to protect their images. It’s just that making a positive or neutral observation about someone from a subjective position feels OK to me. If you’re wrong about what you observed, well, no harm, you made them look better, actually. If you’re going to pass along subjective observations of potential negative things, however, it’s way more important to make sure you’ve gotten all sides and all of the context and everything because you don’t want to misrepresent anyone.

And of course, trumping all of those concerns is newsworthiness. When AP reporter Steve Wilstein reported about PEDs sitting in Mark McGwire’s locker as he assaulted Roger Maris’ home run record in 1998, well, that was newsworthy. It was newsworthy because of McGwire’s comments about it, the way in which power hitting and pumped-up sluggers had taken over the game, and everything else that surrounded Big Mac and baseball at the time. Wilstein got a TON of blowback from players, coaches and other reporters about what he reported from inside the Cardinals’ clubhouse (and what he probably would have Tweeted from there had Twitter been around back then), but balancing his legitimate presence in the clubhouse at the time, his lack of violation of any clubhouse rules (he didn’t take a photo of it, as photos are strictly prohibited) and the newsworthiness of the subject, he was in the right.

Which brings us back to Warthen and Woo. Warthen was in a place where the media was properly present and either knew or didn’t take the time to figure out if he was around reporters. And what he said — his use of a racial slur and reference to previous use of it — was more notable in that particular context than it would be if I overheard some players telling dirty jokes. Woo and the translator to whom he was speaking are both Asian and the interaction at least suggests that maybe Warthen isn’t racially sensitive around team employees or media members of other races. Could be newsworthy, may not be. Hard to say. It’s at least worth thinking about.

But I also can’t help but think that this snapshot of Warthen is something I wouldn’t have reported. Or reported in this particular way. I’m not saying Woo was wrong to report it. I can’t put myself in his shoes here, both because I wasn’t there and because the slur Warthen uttered is not something I’ve ever had to live with or hear directed at me. I’m just saying that, were I in his shoes, I wouldn’t have. I feel like if you asked 50 different reporters you’d get tons of different approaches here.

The general point here is that I can see why Woo reported what he reported. But I can also see why Niese is bristling. It’s a fascinating situation in that it speaks to just how weird and oftentimes uncertain player-media interaction really is. The uneasy relationship between the covered and those who cover them. It also gets to the heart of a subject I wonder about often: why do we care about these players beyond what they do on the field and why do we cover them the way in which we cover them? I have some strong opinions about this in certain narrow areas — I think most player on-the-record-quotes are less-than illuminating — and I have nothing but uncertainty about others — I love to know what makes these guys tick, but have no confidence that anyone can really know, no matter how good a reporter they are.

Anyway, food for thought. And debate.

Adams homers in 16th to lift Cardinals over Dodgers 4-3

adams
Getty Images
3 Comments

ST. LOUIS — Matt Adams homered in the 16th inning to lead the Cardinals to a 4-3 win over the Los Angeles Dodgers on Friday night for St. Louis’ season-best fifth straight victory.

It was the second consecutive game that the Cardinals won in their final at-bat. They beat the Padres on Thursday after scoring a run in the ninth inning.

Adams homer came with one out off Bud Norris (5-9), who gave up six runs as a starter in an 8-1 loss at Washington on Wednesday.

Seth Maness (1-2) picked up the win with a scoreless inning of relief for St. Louis, which was playing its longest game of the season.

Jedd Gyorko hit a two-out homer off closer Kenley Jansen in the ninth to tie the game 3-3.

Justin Turner and Howie Kendrick homered for the Dodgers. Los Angeles has lost four of six. The red-hot Turner has seven homers and 17 RBI this month. He hit two homers in a 6-3 win over Washington on Thursday.

Turner blasted his career-high 18th homer of the season off Seung Hwan Oh in the ninth to break a 2-2 tie.

Corey Seager had four hits and drove in the first run of the game. He had hit in seven successive at-bats before flying out in the ninth.

Kendrick’s solo shot in the sixth tied the game 2-2. He has hit in 14 successive games trying Colorado’s Charlie Blackmon for the longest current streak in the majors.

Los Angeles starter Brandon McCarthy allowed one hit and two runs over 6 1-3 innings, the longest of his four starts this season. He left with leg cramps. McCarthy struck out four and walked three.

St. Louis starter Michael Wacha allowed two runs on 10 hits in six innings. He struck out four and walked one.

Dodgers reliever Adam Liberatore recorded his 28th successive scoreless outing by retiring two of four batters in the seventh. He has not allowed a run in 41 of 42 appearances this season.

Minor League Players’ Wage Suit against Major League Baseball suffers a huge setback

The judge's gavel is seen in court room 422 of the New York Supreme Court at 60 Centre Street February 3, 2012. REUTERS/Chip East
8 Comments

A judge handed minor leaguers looking to hold Major League Baseball liable for underpaying and exploiting them a huge setback today, ruling that the case cannot go forward as a class action. Minor leaguers who want to sue over their pay and treatment still can, but they’ll have to do it individually. The ruling saps the minor leaguers of their leverage, as Major League Baseball would likely be able to fend off individual cases which, by themselves, might only amount to several thousand dollars per claim.

The background: in 2014, former Miami Marlins player Aaron Senne sued Major League Baseball, Bud Selig, and three major league clubs claiming that minor leaguers are underpaid and exploited in violation of the Fair Labor Standards Act. He was later joined by former Royals minor leaguer Michael Liberto and Giants farmhand Oliver Odle. Eventually others joined and the suit had been expanded to 22 teams as defendants.

The upshot of the case is that, while the minor league season lasts only part of the year, players are required to do all sorts of things outside of merely playing games for which they are not compensated. Training, meetings, appearances and the like. When all of that time is added up, the players claim, their already low salaries are effectively far below minimum wage in violation of the law. Major League Baseball has countered this by claiming that minor leaguers are basically part time seasonal workers — like landscapers and pool boys — who are not subject to federal labor laws.

Last year the judge gave the case conditional certification, allowing the players to try to establish that it should go forward as a class action. This would streamline the case from the plaintiffs’ perspective and give them the power of collective action by asserting hundreds or more similar cases into one proceeding. The judge’s ruling today, however, was that the cases really weren’t factually similar and thus collective action was not appropriate because figuring out how many hours each player worked and what was required of him varied too greatly among the players.

From his order:

“The difficulties associated with determining what activities constitute ‘work’ in the context of winter training are compounded by the fact that there appear to be no official records documenting these activities. Because it may be impossible to determine from official records the types of conditioning activities in which the players engaged, membership in the state classes based on winter training would depend largely upon the players’ ability to remember, with a reasonable amount of detail, what they did during the off-season (often for multiple years and for many, several years in the past) to stay fit.”

The judge said that, in light of this, each case would be unique and would require “individualized inquiries” to find damages and liability. That phrase –“individualized inquiries” — constitutes magic words which sink would-be class actions. If a company overcharges all of its customers by $8 due to an error repeated a million times, it’s easy to look at one set of facts and judge them together. If you had to look at a million different wrongs, that’s no class action. And so it is not a class action for the players.

As many courts who have dealt with these sorts of cases have noted, for many plaintiffs, a class action is the only practical method of adjudicating Fair Labor Standards Act cases because individual plaintiffs are frequently unable to bear the costs of separate trials. They are, by definition, (allegedly) exploited workers. They’re not going to be able to pay legal costs and fight off a multi-billion dollar business in order to collect the few thousand dollars they were underpaid. At the same time, however, the defendants have rights too and, if the facts of each players’ treatment truly differ (e.g. the Yankees make their minor leaguers do more than the Brewers do) it’s not fair to bind one defendant’s defense to the acts of another.

So, where does this leave the players? Not dead. Not yet, at least. Their claims have not been dismissed on the merits. They have only been denied the right to act collectively. The individual plaintiffs can now file separate lawsuits against their former employers and Major League Baseball under the same theories. It would be harder to land a big blow in such a scenario, but if enough do, it could end up being death by a thousand cuts for the clubs and the league. Their legal fees might go up and, eventually, if they lose enough of these cases, more might be filed. There are a lot of former minor leaguers, after all, and once there’s some blood in the water, more of them — and their lawyers — may enter the frenzy. Decertification is certainly a win for the league right now, but it’s not necessarily a permanent win.

There are likewise some other quasi-collective forms this case could take such as multi-district litigation in which the cases, while individual, are coordinated in a loose fashion. That could lead to some efficiencies for suing players even if it’s not as robust as a class action.

We’ve written quite a bit about minor league pay and treatment in this space by now, so you probably know where we stand on it. We believe that minor leaguers are exploited and underpaid and we believe that Major League Baseball has been happy to exploit and underpay them for some time. Ultimately we believe that this state of affairs cannot and will not persist and that eventually, somehow, baseball will either see fit to pay its workers fairly or, more likely, will be forced to do so by a court or by collective bargaining of some fashion.

Today, however, was a big setback for the minor leaguers. Today’s ruling will give Major League Baseball and its clubs more time and more comfort in which to underpay them. There’s no doubt about it.