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Minneapolis sued for giving Major League Baseball a downtown “clean zone” around All-Star time

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This is interesting. Apparently, back in February, the Minneapolis City Council passed an ordinance declaring what people there are calling a “clean zone” around Target Field and other areas downtown around the time of the All-Star Game. The ordinance literally gives Major League Baseball final approval over all manner of permitting that is normally associated with protests, street fairs, assemblies and the like. Here’s the text:

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That no temporary permit or license shall be approved or granted by the City Council which would permit the sale or free distribution of merchandise, peddling, transient merchant activities, product sampling, temporary food or beverage services, temporary beverage alcohol premise expansions, block events, parades, races, or permit the use of temporary structures, tents, signs, banners, mobile billboard vehicles, broadcast vehicles, amplified sound permits, temporary light displays, inflatable displays, or permit temporary entertainment venues to be operated during the time period of July 5, 2014 through July 20, 2014 on public or private property within the following geographical areas surrounding Target Field or other event venues without additional approval of Major League Baseball.

So, if you want to hold a political rally or a protest in the specified area between July 5 and 20, and if you plan to use a megaphone to do it — or to serve food or erect banners or anything like it — it’s not enough to get a permit from City Council. MLB has to approve it too.

This has fomented a lawsuit from the ACLU against the city, claiming that its ceding of such approval to a for-profit corporation is a violation of the First Amendment:

“All we’re saying is you can’t give away your permit process to a for-profit company,” ACLU-MN Executive Director Chuck Samuelson tells us. “It belongs in the hands of elected officials and they can’t give it away. This is a quintessential government role and the First Amendment doesn’t give private companies the power to decide who can assemble, where they can assemble, and what they can say.”

I have no idea if this is common practice. Obviously MLB does a lot of stuff in cities in which it holds the All-Star Game. Last year in New York they shut down streets and had red carpet events and parades on Chevy Silverados and the like. If you’re doing that and if you’re pumping a large amount of money into the city I presume you want some assurances from the city that your events aren’t going to be upstaged or interfered with in an unreasonable manner.

But to actually give MLB veto rights over city permitting of such assemblies or events? Including for a period stretching several days past the All-Star Game? Agreeing to those kinds of restrictions and letting a private company decide what citizens can do as far as public assembly and protest seems a bit much.

UPDATE: The City Council has already amended the “clean zone” ordinance. In fact, they did it today:

The original language stated that no temporary licenses or permits could be approved in designated areas of the city “without additional approval of Major League Baseball.” The new language, which passed unanimously Friday, says the city will not grant such permits or licenses “without conferring with Major League Baseball.”

What’s more, I just spoke with someone familiar with “clean zones” surrounding sporting and entertainment events. It is, I am told, “extremely common practice,” around events like the Super Bowl, the All-Star Game, and similar things. The rationale for them is not about protests, though: it’s about protecting league/event sponsors from guerrilla marketing. For example, if Chevy is a huge sponsor of the All-Star Game, no one wants Ford to hang a giant banner from an office building outside the ballpark. Whether you want your city to be in the business of protecting these interests or not is up to you, but that’s what the provision is there for.

In any event, Major League Baseball doesn’t have veto power anymore. And my guess is that they didn’t want it to begin with, even if the city drafted the ordinance in a way that gave it to them. The league has made an investment and wanted the city to take its interests into account. Now it seems they’ve ratcheted it back to that level.

So I guess now it’s the ACLU’s move.

Report: Chase Utley’s family received death threats from Mets fans after controversial slide

DENVER, CO - APRIL 22:  Chase Utley #26 of the Los Angeles Dodgers warms up onthe on deck circle as he prepares to take an at bat against the Colorado Rockies at Coors Field on April 22, 2016 in Denver, Colorado. The Rockies defeated the Dodgers 7-5. (Photo by Doug Pensinger/Getty Images)
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Even before Chase Utley broke former Mets shortstop Ruben Tejada‘s leg with a slide during the playoffs last year, the second baseman was persona non grata in New York. Utley, playing for the rival Phillies, made the right field corner his — literally — with his performance at Citi Field. He was booed during his introduction at Yankee Stadium before the 2009 All-Star Game, prompting him to say audibly, “Boo? F— you.”

The slide put New York’s hatred of Utley into overdrive. Andy McCullough of the Los Angeles Times reports that after Utley broke Tejada’s leg, his family received death threats from angry Mets fans. In order to protect himself and his family, Utley didn’t stay at the team hotel after Game 2 of the NLDS.

His teammate, Clayton Kershaw, wasn’t happy with the way Utley was treated. He said, “Chase was playing the game the way he’s always played. Obviously you never want anybody to get hurt. The game being in the playoffs, and all that stuff, magnified everything. But there’s been a whole lot of slides a lot worse than that over the course of baseball [history] . . . Some of the stuff he had to go through, it wasn’t fair.”

The Mets host the Dodgers for a three-game series beginning on Friday. As McCullough notes, the two clubs didn’t get into any retaliation business when they played each other in Los Angeles earlier this month.

What’s on Tap: Previewing Thursday evening’s action

WASHINGTON, DC - MAY 15:  Joe Ross #41 of the Washington Nationals pitches in the third inning during a baseball game against the Miami Marlins at Nationals Park on May 15, 2016 in Washington, DC.  (Photo by Mitchell Layton/Getty Images)
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Early Thursday afternoon treated us to a pair of games: Diamondbacks/Pirates and Marlins/Rays. We have an abbreviated slate from the late afternoon onwards, with only six contests.

Let’s use this opportunity to talk about Nationals starter Joe Ross, who will take on the Cardinals in the opener of a four-game home series beginning at 7:05 PM EDT tonight. Ross will oppose Mike Leake.

With Stephen Strasburg off to a great start and having signed a seven-year, $175 million extension, and with Max Scherzer having authored just the fifth nine-inning 20-strikeout game, it’s understandable why Ross hasn’t made headlines. The brother of Padres starter Tyson Ross, Joe has put up a 2.70 ERA with a 37/15 K/BB ratio in 46 2/3 innings spanning eight starts thus far. Only 19 qualified starters across baseball have put up a better ERA than Ross.

Ross was rated one of baseball’s top-100 prospects entering last season and he proved why, as he pitched well in 13 starts and a trio of relief outings following his promotion on June 6. He doesn’t have overpowering stuff, featuring a fastball that averages 92 MPH. He compliments that with a slider and a change-up. Ross has good command of the strike zone and mixes up his pitches well enough to keep hitters off balance. He turned 23 years old last Saturday, so he has plenty of time to get even better.

The Cardinals, though, will be a hard match-up for Ross. They’re averaging 5.43 runs per game, a mark bested only by the Cubs (5.61) and one which is more than a full run per game above the league average (4.28).

The rest of Thursday’s action…

Toronto Blue Jays (J.A. Happ) @ New York Yankees (CC Sabathia), 4:05 PM EDT

St. Louis Cardinals (Mike Leake) @ Washington Nationals (Joe Ross), 7:05 PM EDT

Colorado Rockies (Jon Gray) @ Boston Red Sox (Clay Buchholz), 7:10 PM EDT

Milwaukee Brewers (Wily Peralta) @ Atlanta Braves (Matt Wisler), 7:10 PM EDT

Baltimore Orioles (Kevin Gausman) @ Houston Astros (Lance McCullers), 8:10 PM EDT

Chicago White Sox (Miguel Gonzalez) @ Kansas City Royals (Danny Duffy), 8:15 PM EDT

Major League Baseball issues a statement about the Padres national anthem thing

SAN DIEGO - APRIL 06:  The grounds crew works on the field before the start of the game between the Colorado Rockies and the San Diego Padres during Opening Night at Petco Park on April 6, 2007 in San Diego, California.  (Photo by Donald Miralle/Getty Images)
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I figured the last word on the Padres National Anthem thing came the other day when everyone seemed to apologize to everyone else and ask for fired people to be rehired and all of that stuff. But no, it appears that there is more.

A coda anyway. From Major League Baseball which apparently used its Department of Investigations to suss everything out about the whole affair. And here you thought all they did was walk a questionable ethical line when investigating drug use.

Anyway, here is their statement. One more false ending to this thing and I’ll feel like we’re in a sequel to the movie “Clue.” Which is massively underrated, by the way. Tim Curry’s second-best movie, easily, and Lesley Ann Warren’s absolute best.

The statement:

Major League Baseball announced today that it has completed its investigation into the unfortunate events of Saturday, May 21st, when members of the San Diego Gay Men’s Chorus had been scheduled to perform the Star-Spangled Banner before the Padres’ “Pride Night” home game against the Los Angeles Dodgers at Petco Park.  The review, which was conducted by MLB’s Department of Investigations, included a dozen interviews with individuals who were involved in the situation.

The Department of Investigations has concluded that the San Diego Gay Men’s Chorus has performed the Star-Spangled Banner multiple times before a Padres game; that Saturday’s regrettable situation was a product of human error; that the situation was exacerbated by the fact that the lead entertainment supervisor was involved in a car accident on Friday night and thus was unable to work on Saturday and handle his typical responsibilities; that employees involved in the matter were handling new duties with which they were insufficiently familiar; and that the employees involved had no malicious intentions and, in fact, universally relayed contrition for how the incident unfolded and the adverse impression that it created.

MLB received the full cooperation of Padres management, which expressed its deepest apologies.  MLB believes that the Padres’ efforts to remedy the situation, including its invitation to the Chorus to return to a future game to perform the National Anthem, are appropriate and has every expectation that the Club’s longstanding record of inclusion will be evident in the future. 

 

A-Rod off the disabled list and back in the Yankees lineup

New York Yankees' Alex Rodriguez watches his RBI single during the first inning of a baseball game against the Oakland Athletics on Tuesday, April 19, 2016, at Yankee Stadium in New York. (AP Photo/Bill Kostroun)
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Alex Rodriguez has been activated from the disabled list and will be batting fifth in his return to the Yankees lineup this evening.

A-Rod has been on the DL since May 4 with a strained right hamstring. He was off to a slow start this year but began to slowly heat up just before going down with the injury. Overall he’s He’s hitting .194 with five home runs in 20 games.

It’s hard growing old. Partially because of the injuries. Partially because jerks remind you of things like the fact that you went 3-for-5 with a solo homer in a loss against the Royals on the day the Dodgers starting pitcher for tomorrow night’s game was born.

Anyway, welcome back A-Rod.