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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.

The Cubs acquire Rex Brothers from the Rockies

Rex Brothers Rockies

The number of people who, if you held a gun to their head, would say that “Rex Brothers” was a game show host and/or local TV news personality from the late 1970s or early 80s is not insignificant. But if you’re a Rockies fan or if spend all day thinking about baseball you know that he’s a reliever who has played in Colorado for the past five years. Now you know him as a reliever for the Cubs:

Brothers — a former Best Shape of His Life All-Star — was pretty good until he hit a brick wall in 2014 and spent most of 2015 in Triple-A. He had something of a bounceback after being called up when rosters expanded in September, but that’s not the sort of thing to excite anyone. He could be useful for the Cubs or just spring training cannon fodder and organizational depth.

Cabrera just turned 18 a couple of weeks ago and pitched a grand total of 14 games in the Dominican Summer League. He’s young and was a $250,000 signee from the Dominican as a 16-year-old so, by definition, he’s a project. Worth giving up Rex Brothers for him if you’re the Rockies, worth risking for some depth in the pen if you’re the Cubs.

Diamondbacks hire Dave Magadan as hitting coach

Dave Magadan Rangers
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Steve Gilbert of reports that the Diamondbacks’ new hitting coach is Dave Magadan, who “parted ways” with the Rangers last month after three years filling the same role in Texas.

Magadan also previously was the Red Sox’s hitting coach and his teams have generally done pretty well, including the Rangers scoring the third-most runs in the league this year.

He’ll have plenty of talent to work with in Arizona, as the Diamondbacks scored the second-most runs in the league led by Paul Goldschmidt, A.J. Pollock, and David Peralta. Turner Ward, who had been Arizona’s hitting coach, chose to leave the team two weeks ago.

A’s reacquire Jed Lowrie in trade with Astros

Jed Lowrie

Jed Lowrie, who was traded from the Astros to the A’s in 2013 and then re-signed with the Astros as a free agent last offseason, has now been traded back to the A’s.

Lowrie got a three-year, $23 million deal from the Astros with the idea that he’d play shortstop in the first season and then move to another position whenever stud prospect Carlos Correa arrived. Instead he got hurt right away, Correa became an immediate star, and the Astros weren’t so keen on paying him $15 million over the next two seasons.

He could resume playing shortstop for the A’s, who watched rookie Marcus Semien make an absurd number of errors there this year. Lowrie hit .271 with a .738 OPS in two seasons in Oakland, which is similar to his career totals and makes him a solidly above-average offensive shortstop. There’s a decent chance the A’s will have a Lowrie-Lawrie double-play duo in 2016.

In return the Astros get minor leaguer Brendan McCurry, a 24-year-old right-hander who split 2015 between high Single-A and Double-A with a 1.86 ERA and 82/17 K/BB ratio in 63 relief innings. He was a 22nd-round draft pick in 2014 and doesn’t have exceptional raw stuff, but McCurry’s numbers are incredible so far.

White Sox sign catcher Alex Avila to a one-year deal

Detroit Tigers' Alex Avila, right, is congratulated by third base coach Dave Clark after his solo home run in the third inning in the second game of a baseball doubleheader against the Chicago White Sox, Monday, Sept. 21, 2015, in Detroit. (AP Photo/Carlos Osorio)

There have been a lot of articles published in the past few days about how to navigate awkward Thanksgiving conversations with your relatives. Heck, we even wrote one.

But there’s always room for more! Such as “How to talk to your father at Thanksgiving dinner about the fact that he let you walk away from the only team you’ve ever known to sign with a division rival.” Which is what Alex Avila will likely be talking about with his father, Tigers GM Al Avila:

The older Avila can’t even say he did it because he’s opposed to nepotism. After all, he just hired his other son — who has had his law degree for just over a year — as the Tigers assistant legal counsel for baseball operations. Though I’m sure that wasn’t nepotism. He probably just aced the interview and impressed everyone more than the other candidates did.

OK, those are jokes. In all seriousness, this is a good move for Alex and Al and, probably, the White Sox. With the emergence of James McCann, there really is not space for Alex Avila in Detroit in anything other than a backup capacity. In Chicago, he’ll get more playing time. At least if he can (a) stay healthy; and (b) not hit .191/.339/.287 again like he did in 2015.