We wrote about this back in 2011: A 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.
Last we heard from Shelby Miller, the Diamondbacks’ right-hander was contemplating Tommy John surgery for a partial UCL tear in his right elbow. Now, he appears to have decided to go through with the procedure.
Miller decided to skip Tommy John alternatives like plasma-rich platelet injections or stem cell treatment, which have been used to varying degrees of success by other major league pitchers with similar injuries. The surgery will set him back an estimated 12-18 months, FanRag Sports’ Tommy Stokke reports, which puts Miller’s estimated return date somewhere in 2018 if all goes well.
The 26-year-old starter was off to a rocky start this season, posting a 2-2 record and 4.09 ERA through 22 innings and striking out just 20 of 99 batters faced. This was his sophomore campaign in Arizona after muddling through the 2016 season with a 3-12 record, 6.15 ERA and 0.5 fWAR over 101 innings with the club.
Rays’ right fielder Steven Souza Jr. left Saturday’s game after getting hit on the left hand by a pitch from Blue Jays’ right-hander Joe Biagini in the seventh inning. The pitch appeared to hit the top of Souza Jr.’s hand, causing the outfielder to crumple at the plate and requiring assistance from assistant athletic trainer Paul Harker as he exited the field. Postgame reports from the Tampa Bay Times’ Marc Topkin revealed that Souza Jr. sustained a left hand contusion and is scheduled to undergo further evaluation on Sunday.
While the diagnosis isn’t as bad as it could be, it’s still a tough break for the right fielder, who missed 40 days of the 2015 season after sustaining a fracture in his left hand on another hit by pitch. The team has yet to announce any concrete timetable for Souza Jr.’s return, though manager Kevin Cash indicated that they’ll be taking things day to day for the time being.
Souza Jr. is batting .326/.398/.543 with four home runs and 17 RBI through 104 PA in 2017. He went 1-for-2 with a base hit and a walk prior to his departure during Saturday’s 4-1 loss.