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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.

Video: Jonathan Lucroy who? Roberto Perez homers twice in World Series opener for the Indians

CLEVELAND, OH - OCTOBER 25:  Roberto Perez #55 of the Cleveland Indians hits a three-run home run during the eighth inning against the Chicago Cubs in Game One of the 2016 World Series at Progressive Field on October 25, 2016 in Cleveland, Ohio.  (Photo by Gregory Shamus/Getty Images)
Gregory Shamus/Getty Images
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Back in July, then-Brewers catcher Jonathan Lucroy vetoed a trade that would have sent him to the Indians, helping the club make a significant upgrade behind the plate after losing Yan Gomes to an injury. At the time, Roberto Perez had only played in 11 games, batting .043. Gomes had hit .165 before his injury, and Chris Gimenez batted .202 over 42 games. It was not much of a logical leap to think the Indians would eventually falter due to a lack of production at the catching position.

But here the Indians are in the World Series facing the Cubs. In Game 1 on Tuesday night, Perez — who finished the season with a .183 average and three home runs in 184 plate appearances — drilled a pair of home runs, accounting for four of the six runs the Indians would score in a shutout win over the Cubs.

Perez’s first blast was a solo that that just cleared the left field fence at Progressive Field, coming on an 0-1 fastball from starter Jon Lester. That padded the Indians’ lead to 3-0.

The second homer put the game away, as he punished reliever Hector Rondon for hanging a 2-2 slider with two runners on base, slugging this one enough to clear the left field fence by plenty. That doubled the Indians’ lead to 6-0, the score by which they would eventually win.

Perez is the first catcher to homer twice in a World Series game since Gary Carter did it for the Mets against the Red Sox in the 1986 World Series. Perez is the first Indian to homer twice in the same playoff game since Jim Thome in the 1999 ALDS against the Red Sox.

Corey Kluber dazzles as Indians blank Cubs 6-0 in Game 1 of the World Series

CLEVELAND, OH - OCTOBER 25:  Corey Kluber #28 of the Cleveland Indians throws a pitch against the Chicago Cubs during the first inning in Game One of the 2016 World Series at Progressive Field on October 25, 2016 in Cleveland, Ohio.  (Photo by Jamie Squire/Getty Images)
Jamie Squire/Getty Images

From the moment Kris Bryant struck out looking for the second out of the first inning in Game 1 of the World Series, the Cubs knew Indians starter Corey Kluber brought his A-game and that they were in for a long night. Bryant was Kluber’s second strikeout victim in as many batters and he would go on to strike out eight batters through the first three innings, setting a World Series record.

The Indians, meanwhile, gave Kluber an early cushion, scoring twice in the bottom of the first inning. Francisco Lindor hit a two-out single, then stole second base against starter Jon Lester. Lester proceeded to walk Mike Napoli and Carlos Santana to load the bases. Jose Ramirez brought one run home with an infield single to the left of the pitcher’s mound. The lefty then hit Brandon Guyer with a pitch to force in another run, giving the Indians a 2-0 lead.

The Indians scored one more run in the fourth inning when catcher Roberto Perez snuck a solo home run over the fence in left field, victimizing Lester yet again.

The Cubs struggled to get any kind of momentum going, wasting a leadoff double by Ben Zobrist in the second inning and a two-out double by Kyle Schwarber in the fourth. Through six innings, Kluber yielded only three hits with zero walks and nine strikeouts. He took the mound to start the seventh but departed after Zobrist led off with a single to left field.

Reliever and ALCS MVP Andrew Miller entered the game, but the Cubs seemed to have a better time against him. Schwarber drew a walk and Javier Baez singled to left, loading the bases. At the very least, it seemed, Miller would give up at least one run, if not two. The average team scored two runs with the bases loaded and no outs, according to Baseball Prospectus. But Miller showed why he was named the MVP of the ALCS, getting Willson Contreras to fly out to shallow center. Schwarber thought the ball would drop, so he was way off the second base bag, but center fielder Rajai Davis didn’t notice and fired home to ensure a run didn’t score. Despite the mistake, Miller rebounded by striking out Addison Russell and David Ross to escape the inning with no damage done

Miller returned to the mound for the eighth inning for his second inning of work. After getting Dexter Fowler to fly out, he walked Bryant. Miller got Anthony Rizzo to fly out to shallow center, but Zobrist singled to center to put runners on first and third with two outs. On his 46th pitch of the night, Miller struck out Schwarber to escape the inning.

Perez decided to double the Indians’ lead to 6-0 in the bottom of the eighth. Cubs reliever Justin Grimm walked Guyer and allowed a single to Lonnie Chisenhall, forcing manager Joe Maddon to replace him with Hector Rondon. Rondon hung a 2-2 slider and Perez crushed it, this time clearing the fence by plenty for a three-run homer. He’s the first catcher with two homers in a World Series game since Gary Carter in 1986.

Closer Cody Allen, who thought he was going to be used in a save situation, took over in the top of the ninth. After striking out Baez, Contreras doubled to right field. Allen then struck out Russell as well as pinch-hitter Miguel Montero to end the game in a 6-0 victory for the Indians.

Game 2 of the World Series will start an hour earlier than usual on Wednesday due to forecasted inclement weather late at night. Jake Arrieta will make the start for the Cubs opposite the Indians’ Trevor Bauer.