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


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.

Theo Epstein on sportswriters: “The life of a sportswriter is pretty lonely. You kind of work by yourself, sit there by yourself…”

CHICAGO, ILLINOIS - OCTOBER 07:  Chicago Cubs general manager Theo Epstein stands on the field during batting practice before the game between the Chicago Cubs and the San Francisco Giants at Wrigley Field on October 7, 2016 in Chicago, Illinois. (Photo by Jonathan Daniel/Getty Images)
Jonathan Daniel/Getty Images

Rick Morissey of the Chicago Sun-Times published an article on Sunday giving a bit of insight into Cubs president of baseball operations Theo Epstein. When Epsten was younger, he dabbled in sportswriting, but quickly realized the trade wasn’t for him.

As Morissey details, when Epstein was 19 years old writing for Yale’s student newspaper, he wrote an article suggesting the school’s football coach should be fired during what would become a 3-7 season. Epstein was told during the meeting that one writer would defend the coach and one would call for his job. “It was a lesson in the way that the world of journalism sometimes works. It was an eye-opener for me. I regret it, and I’ve happily moved on.”

Epstein continued, “I realized I didn’t want to be a sportswriter when I was interning with the Orioles back in ’92, ’93, ’94. I did do a lot of media-relations stuff, and I saw that the life of a sportswriter is pretty lonely. You kind of work by yourself, sit there by yourself in the press box, go back to the hotel bar. Not to generalize.” He added, “But I really respect writing and respect sportswriters.”

He’s not wrong, and he seems to have found his calling as a front office executive. His Cubs are back in the World Series for the first time since 1945.

Jason Kipnis injured his ankle celebrating the pennant with Francisco Lindor

TORONTO, ON - OCTOBER 17:  Jose Ramirez #11, Francisco Lindor #12, Jason Kipnis #22 and Mike Napoli #26 of the Cleveland Indians celebrate after defeating the Toronto Blue Jays with a score of 4 to 2 in game three of the American League Championship Series at Rogers Centre on October 17, 2016 in Toronto, Canada.  (Photo by Vaughn Ridley/Getty Images)
Vaughn Ridley/Getty Images

Indians second baseman Jason Kipnis tweeted on Sunday, “Got a little too close to [Francisco Lindor] during the celebration!! Freak accident but should be good to go by Tuesday! #cantkeepmeoutofthisgame!”

Per’s Jordan Bastian, manager Terry Francona said Kipnis is dealing with a low ankle sprain, but he’s expected to be ready to go when the World Series begins on Tuesday. Kipnis went through fielding drills on Sunday.

Kipnis is hitting .167/.219/.367 with a pair of homers and four RBI in eight games this postseason.