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Native American group plans to file a $9 billion lawsuit against the Cleveland Indians over Chief Wahoo

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I think my record on the Chief Wahoo thing is pretty clear by now. I’m quite obviously not a fan. But there’s a big, big difference between thinking something is offensive and should be banished to history and thinking that thing actually entitles people to billions of dollars in legal damages. Some folks to whom I’d otherwise be sympathetic are going to learn that pretty quickly.

From Paul Kiska at ABC5 in Cleveland, brought to our attention by Big League Stew:

Robert Roche is the director of the American Indian Education Center and one of the plaintiffs planing to file a federal lawsuit in late July against the Cleveland Indians. The group says the team’s name and the Chief Wahoo logo are racist. The group wants a lot of money to help Native Americans with education, job training and housing.

“We’re going to be asking for $9 billion and we’re basing it on a hundred years of disparity, racism, exploitation and profiteering,” Roche said.

Normally it’s folks who support things like Chief Wahoo or the Redskins name who fail to grasp what does and what does not violate one’s rights. One need only search “Redskins” and “freedom of speech” to get a taste of that sort of baloney. Here, however, Roche and the American Indian Education Center are the ones who are missing the point of how things work in this country.

The Cleveland Indians are a private corporation. They, like any other private citizen, can be as offensive as they want to be. They can do more than put a Wahoo patch on their caps and jerseys, in fact! They could have a “We really, really hate Native Americans Day” at Progressive Field and hand out racist literature stamped with “The Cleveland Indians heartily endorse this message because, oh my god, we really hate racial minorities.” Now, I know some people who work for the Indians and know they wouldn’t choose to do that, but legally speaking, they totally could. That sort of freedom — and the corresponding freedom of baseball fans all over to boycott/ostracize them into the Stone Age if they did — is one of the beauties of America.

But do you know who could sue the Indians if they did that? No one. Well, some employees could based on a hostile work environment theory. And Major League Baseball could do whatever it wanted to up to and including any litigation it might choose that is consistent with the team’s and the league’s franchise agreement. But ordinary citizens couldn’t. They don’t have any more right to sue the Indians over Chief Wahoo than they’d have to sue the organizers of a Klan march on the statehouse, a jackwagon yelling things at people on a street corner or your racist uncle who had too many beers last Memorial Day and decided to tell you what he really thinks of that ethnic minority family who moved in down the street. Maybe those folks have some unpopular views, but our legal system protects their rights for good reason.

Of course Robert Roche and the American Indian Education Center likely know this. And I presume they are merely seeking out some headlines in order to draw attention to their cause. But ultimately this sort of stunt is counterproductive as a means of swaying public opinion. A lot of people hate Chief Wahoo and a lot of people love him. But a lot MORE people hate lawyers and litigiousness and are immediately suspect of someone who files — or, in this case, threatens to file — lawsuits against their beloved institutions. Especially ones with little if any legal merit.

Put differently: you’re not helping, dudes. Keep up the protests and the public pressure. Even think about narrow, focused legal action with actual merit such as the trademark challenge the Redskins just lost. But cut it out with the billion dollar damage claims.

Drew Smyly brings youth and experience to Mariners rotation

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PEORIA, Ariz. (AP) Trades don’t surprise Drew Smyly anymore.

At age 27, the Seattle Mariners left-hander has been dealt twice. The first swap sent him from the team that drafted and developed Smyly, the Detroit Tigers, to the Tampa Bay Rays in midseason 2014. That trade landed star pitcher David Price in Detroit.

“I was surprised by that one,” Smyly said.

The most recent trade involving him came in January, when the Rays shipped Smyly to Seattle for three prospects in one of many moves by Mariners general manager Jerry Dipoto. Smyly immediately joined the Mariners’ projected starting rotation, and is having fun getting to know his new teammates at spring training by way of manager Scott Servais’ clubhouse icebreakers.

Servais thinks Smyly is a solid fit as a still young yet experienced pitcher.

“One, being where he’s at in his career age-wise and service time, he’s kind of at the point where, put him in the right environment … very good defensive outfield, he’s a fly ball guy, maybe he does step up and take the next step,” Servais said. “Getting out of the American League East certainly should help him, but there’s no guarantees. Our division’s pretty tough.”

Servais suggested that another Arkansas native, ex-big leaguer Cliff Lee, might have helped sell Seattle on Smyly. Lee is a former Mariner and the two share an agent.

Smyly went 7-12 in a career-high 30 starts last season in Tampa, but won five games from July 30 to the end of the season after starting out 2-11. From May 21 to July 18, he lost seven straight starts.

“Pitching’s tough, you know,” Smyly said. “To manipulate the ball, to make it do different things, to put it in the strike zone with hitters that know what they’re doing. … I just had a rough stretch but I show up at the field every day, play catch and work on my craft and you know, that’s going to turn around one day.”

The 32 home runs Smyly surrendered in 2016 figure to be reduced in Seattle’s pitcher-friendly Safeco Field.

“It can only help,” he said. “But it’s still going to be up to me to execute pitches and pitch well.”

Smyly is set to join the U.S. World Baseball Classic team shortly. Before that, he’ll make his first spring training start in the middle of next week.

“It’s an honor to be able to put your country on your chest and play with some of the guys on that team,” he said. “I’m looking forward to it big time.”

NOTES: Servais plans to roll out what figures to be Seattle’s opening day lineup in the spring training opener Saturday against San Diego. It’s OF Jarrod Dyson, SS Jean Segura, 2B Robinson Cano, DH Nelson Cruz, 3B Kyle Seager, OF Mitch Haniger, 1B Dan Vogelbach, C Mike Zunino and OF Leonys Martin. … Servais said Cano and Cruz will play a little more than is typical for early spring games, as the two will depart for the World Baseball Classic in early March. … LHP Ariel Miranda will start Saturday, then RHP Chris Heston Sunday, RHP Yovani Gallardo on Monday and ace Felix Hernandez on Tuesday.

Mitt Romney’s sons are trying to buy a stake in the Yankees

TAMPA, FL - AUGUST 30:  Tagg Romney son of Republican presidential candidate, former Massachusetts Gov. Mitt Romney gives an interview during the final day of the Republican National Convention at the Tampa Bay Times Forum on August 30, 2012 in Tampa, Florida. Former Massachusetts Gov. Mitt Romney was nominated as the Republican presidential candidate during the RNC which will conclude today.  (Photo by Chip Somodevilla/Getty Images)
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Mitt Romney built his professional life in Massachusetts and was once the governor of the state. As such, it is not surprising that he has long identified as a Red Sox fan. So this has to be troubling to him from a fan’s perspective. From Jon Heyman:

The Romney family is bidding to buy a small stake in the Yankees months after their try for the Marlins stalled. If the deal goes through, it is expected to be $25 million to $30 million per percentage point and thought to be interested in one or two percentage points. The Yankees are valued around $3 billion or more.

The effort is being led by Mitt’s son Tagg, one of his brothers and their business partners. Mitt’s spokesman tells Jon Heyman that he has nothing to do with it personally. Tagg Romney is reported to have been planning a bid for controlling interest in the Marlins, but that has fallen through.

I find this interesting insofar as the M.O. for the Steinbrenners has, for years, been to buy out minority shareholders in the Yankees, not seek more. Indeed, when George Steinbrenner bought the Yankees back in 1973 he held just a bare controlling interest and there were a ton of silent partners, most of which were back in Ohio and knew Steinbrenner from his shipping business. I’ve personally gotten to know some of them over the years as there are a handful of them in Columbus and I crossed paths with them in my legal career. They have almost all been bought out in the past couple of decades. They still get season tickets and World Series rings and stuff. You can tell them by their personalized Yankees plates and the fact that, within the first ten minutes of meeting them, they will tell you that they once owned a piece of the Yankees but got pushed out.

In light of all of that it’s interesting that the Steinbrenners are once again accepting bids for small stakes in the team. Especially from someone whose interest in controlling the Marlins suggests that they do not consider it to be a mere vanity investment. Makes me wonder what the Steinbrenners’ long term plans are.