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.

2018 Preview: Texas Rangers

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Between now and Opening Day, HardballTalk will take a look at each of baseball’s 30 teams, asking the key questions, the not-so-key questions, and generally breaking down their chances for the 2018 season. Next up: The Texas Rangers.

The Texas Rangers had been, more or less, the class of the AL West for several years, but that came to an end last year. Injuries, a bad bullpen and underachievement doomed them early and before all the leaves were on the trees the Astros had all but locked up the division. There were some bright spots — Adrian Beltre notched his 3,000th hit and Joey Gallo emerged as the 40-homer threat many have long thought he might be — but otherwise it was a bad year for the Rangers.

Will it be another bad year? Hard to say no, though there is a lot more upside with this club than with a lot of other sub-80 win teams from 2017. For that upside to pay off, however, the Rangers are going to have to win a lot of bets.

The outfield is a good place to begin looking for that upside. Nomar Mazara has not yet put it together over the course of a whole season, but he has shown some promise and could be poised for a breakout. Delino DeShields may not be what many thought he might be a few years back, but he’s got wheels and can get on base. Left field is being kept warm for top prospect Willie Calhoun who came over in the Yu Darvish trade and is having his service time manipulated, but he’ll be up soon. He’s expected to rake. Whether he can hold the position or, rather, will have to take at-bats away from Shin-Soo Choo at DH is an open question.

The infield needs a couple of fairly attainable things to happen for the lineup to really be a plus. First, it needs Adrian Beltre to be healthy and to show that he has at least some gas left in the tank. I have learned over the past 20 years to not bet against Adrian Beltre, ever, so Father Time will have to prove me wrong. It also needs Rougned Odor to snap back into shape after a lost-in-the-woods 2017. I hate the phrase “he’s better than that,” but he really is better than that. Elvis Andrus is Elvis Andrus and that’s fine. If Gallo can cut down on the K’s even a little bit and mix in a couple of more base hits to go with all of that power he could be an MVP candidate. In order of likelihood, I put it (1) Beltre being Beltre; (b) Odor bouncing back; and (c) Gallo cutting down on strikeouts, but if just two of those things happen the Rangers lineup will be in good shape.

There are a lot of question marks with the starting pitching and a couple of lottery tickets. Yu Darvish is long gone, but Cole Hamels remains at the top of the rotation. The problem is that Hamels had his worst full season in several years last year and it may be that all of the miles on his odometer are catching up with him. The biggest offseason pickup for Texas was Mike Minor, who had a monster comeback season with the Royals after multiple years lost due to arm injuries. That monster year came out of the bullpen, though, so it remains to be seen if he can move back to the rotation and remain both impressive and durable. He’s one of the lottery tickets, although one with much better odds than, say, the Powerball. He’s like a scratch-off with some risk but a decent shot at some winnings.

A longer shot is Matt “Mega Millions” Moore. The one time top prospect of the Tampa Bay Rays is still somehow just 28, but he’s coming off a lousy year in San Francisco, in which he led the NL in both losses and earned runs while plying his trade in a pitcher’s park. I guess you can be a silver-lining guy and say he’s durable again or you could do that thing where people look at a one-time phenom and imagine that he has at least one full-promise year in him, but it’s not super likely either. Martin Perez and Doug Fister round things out. You basically know what you’re getting out of those two at this point: competence, but not necessarily any shot at greatness. Bartolo Colon is knocking around and he’ll likely get some starts at some point. He always gets starts.

The bullpen was a mess last year. It’s not clear that it’ll be better this year, but it’ll certainly be more interesting, as Jon Daniels went out and signed Tim Lincecum and gave him a big league deal from which to launch his comeback. He may challenge for the closer role, though Alex Claudio has it for now. Matt Bush will look to recapture 2016 form as a setup guy. Jake Diekman should be back to full strength after a mostly lost 2017 due to colon surgery. Not a great group, truth be told, even if they will be fun to watch at times.

Overall, I think the Rangers are better than bad but the pitching is a big problem and they need too many things to go their way to count on being good. If everyone stays healthy and more than half of the guys who struggled last year return to form or fulfill potential, hey, it’s a pretty interesting group of players. A group which, while not good enough to challenge Houston, could be in the mix with the Angels and the Mariners to be a Wild Card representative.

If most of those bets don’t pay off, though, it’s gonna be a long year. I’m a risk averse gambler, so I’m going to hope to be pleasantly surprised, but I predict that the upside will remain out of reach.

Prediction: Fourth Place, AL West