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The city that rejected a bar called “Buck Foston” just got slapped with a $1.5 million jury award


We wrote about this back in 2011A New Brunswick, New Jersey businessman sued the city in federal court, claiming that the mayor held up approval of his liquor license for a sports bar because he didn’t like the bar’s proposed name — Buck Foston. The claim asserted that the mayor was a Red Sox fan and illegally singled out the bar in violation of the First Amendment.

The owner of Buck Foston just won big. Specifically, after six days of evidence, the jury sided with the bar owner, calling the license denial an outrageous First Amendment violation and awarding him $1.5 million.  This, from the Post is the best part:

. . . the jury heard testimony that the mayor had met with Blatterfein to ask him to change the name, which he allegedly called “vulgar.” During the conversation, Blatterfein asked Cahill why it’s OK to have a Cluck-U Chicken restaurant in town but not a bar called Buck Foston’s, court papers state.

Cahill responded that the name was fine because “chickens cluck,” according to the lawsuit.

I don’t remember the “chickens cluck” exception from my Constitutional law class, but I suppose I might’ve skipped class that day.

Viva democracy. And viva New Jersey businessmen for having the right to name their probably gross bars whatever silly name they want to. That’s what America is all about.

Astros stave off AL West elimination, beat the Diamondbacks

Colby Rasmus, Gary Pettis
AP Photo

Facing an elimination number of one, the Astros staved off elimination in the AL West by beating the Diamondbacks on Friday night by a 6-1 margin. The Rangers suffered a heartbreaking loss to the Angels on Saturday afternoon, which temporarily put the Astros’ fate in their own hands.

Colby Rasmus hit a pair of solo homers and Jose Altuve added a solo shot of his own. Starter Collin McHugh tossed seven innings of one-run ball, limiting the Diamondbacks to six hits and a walk with six strikeouts. Reliever Will Harris allowed a solo home run to Paul Goldschmidt in the eighth, but Luke Gregerson closed out the game with a scoreless ninth.

The Astros trail the Rangers by one game in the AL West and lead the Angels by one game for the second AL Wild Card slot. The Rangers can clinch the AL West on Sunday afternoon with a win or an Astros loss. The Astros can clinch the second AL Wild Card on Sunday afternoon with a win or an Angels loss.

The Yankees lost both ends of Saturday’s doubleheader against the Orioles and lead the Astros by only one game for the first AL Wild Card slot.

If the Astros win and the Rangers lose on Sunday, they will play an AL West tiebreaker in Texas. The winner will win the second AL Wild Card if the Yankees win on Sunday, or the first AL Wild Card if the Yankees lose on Sunday.

If the Astros lose and the Angels win on Sunday, the two teams will be tied for the second AL Wild Card. They would play a tiebreaker in Houston, and the winner would play the Yankees in New York in the Wild Card game.

Video: Kelby Tomlinson slides in for an inside-the-park home run

Kelby Tomlinson
AP Photo
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Giants second baseman Kelby Tomlinson looked more like Ladainian Tomlinson the way he was running during Saturday afternoon’s game against the Rockies. In the first inning with one out against starter Chris Rusin, Tomlinson hit a fly ball into the right-center field gap at AT&T Park, a great place to go if you’re in the mood for an inside-the-park home run.

Neither Carlos Gonzalez nor Chris Dickerson could corral the ball before it rolled all the way to the 421-foot marker at the fence. Tomlinson motored around the bases, but Gonzalez made a strong throw into cut-off man D.J. LeMahieu, and LeMahieu made a great throw in to catcher Tom Murphy, but Tomlinson slid in safely just ahead of the tag.

It was an exciting play and the hit proved important as the Giants eked out a 3-2 win against the Rockies.