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.

Diamondbacks place Shelby Miller on the 10-day disabled list

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The Diamondbacks announced on Monday that starter Shelby Miller has been placed on the 10-day disabled list with right elbow inflammation. Miller will get a second opinion on his elbow on Tuesday, per MLB.com’s Steve Gilbert. Pitcher Silvino Bracho has been called up from Triple-A Reno to take Miller’s spot on the roster.

Miller, 26, left Sunday’s start with what was described at the time as forearm tightness. Through his first four starts, Miller is carrying a 4.09 ERA with a 20/12 K/BB ratio in 22 innings.

Bracho, 24, has pitched quite well in 6 2/3 innings of relief at Reno. He’s given up just one unearned run on four hits and a walk (intentional) with 12 strikeouts.

Archie Bradley figures to take Miller’s spot in the starting rotation as Bracho will work middle relief.

Eric Thames hit two more homers

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And John Lackey is livid.

The Brewers’ first baseman homered in each of his first two plate appearances against Reds starter Amir Garrett on Monday evening, helping his team to a 6-1 lead after two frames. The first was a solo blast in the first inning, and the second was a two-run shot to the opposite field in the second inning.

According to MLB.com’s Adam McCalvy, Thames has tied the Brewers’ record for home runs in April with 10. Carlos Lee also hit 10 homers in April 2006.

Seven of Thames’ 10 home runs have come against the Reds. Including his first two at-bats on Monday night, Thames is hitting .379/.474/.924 with 17 RBI along with the 10 dingers. Not too shabby from a guy the Brewers signed to a three-year, $16 million contract during the offseason.

Lackey and Cubs pitching coach Chris Bosio both recently implied Thames is using performance-enhancing drugs, but Thames was tested immediately after last Monday’s game against the Cubs.