The Yankees sue StubHub over store near Yankee Stadium

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Last month the Yankees and Angels opted-out of the resale arrangement the 28 other teams have with StubHub. This came after years of acrimony between the Yankees and StubHub over what the Yankees perceive to be StubHub undercutting the team by selling tickets lower than the Yankees box office. Never mind that the Yankees had already sold those tickets to whoever was putting them on StubHub and never mind that the market pretty much dictates what people will pay for tickets and the Yankees couldn’t be bothered to listen.

Now the acrimony is higher as Eric Fisher of Sports Business Journal reports that the Yankees have sued StubHub over what may or may not be a StubHub retail store near Yankee Stadium. I say “may or may not” because what, exactly, that StubHub storefront near the ballpark is depends on your point of view.

The Yankees say it’s a ticket resale store and that its presence less than 1,500 feet of a sports venue violates New York scalping laws. StubHub counters, saying no, it’s just a place were people on their way to a game can print out and pick up their tickets which were purchased online. Those sets of competing interpretations are the stuff of litigation, my friends.

And, with the caveat of me not knowing a thing about this particular law or the facts giving rise to this dispute, I will offer that courts frequently look askance at efforts to circumvent an existing law with what can only be described as cuteness. And this, however clever, does seem a bit too cute.

But obviously that’s for the courts to decide. And now they’re getting their chance.

Brewers won’t punish Josh Hader for offensive tweets

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Some old tweets of Josh Hader‘s surfaced during the All-Star Game on Tuesday, containing offensive and hateful language. Major League Baseball responded by ordering Hader to attend sensitivity training and attend diversity initiatives.

The Brewers won’t punish Hader themselves, Tom Haudricourt of the Milwaukee Journal Sentinel reports. GM David Stearns says the club is taking its lead from MLB, which has already handed down its punishment to Hader. Additionally, the Brewers’ lack of punishment has to do with the tweets occurring when Hader was younger — 17 years old — and not involved with professional baseball.

Stearns also said of Hader’s tweets, “I don’t think they’re representative of who he is. I think they’re offensive. I think they’re ill-informed and ignorant but I don’t think they represent who he is as a person right now.” Stearns added, “I don’t know how he’s going to work through it. The truth is he has put himself in this situation. And he’s going to have to work very hard to get through it.”

Hader apologized on Wednesday, saying, “I was 17 years old, and as a child I was immature, and obviously I said some things that were inexcusable. That doesn’t reflect on who I am as a person today.” Hader said, “I’m deeply sorry for what I’ve said. I’m ready for any consequences that happen for what happened seven years ago.”

Lorenzo Cain, a black outfielder and teammate of Hader’s, said, “I know Hader; he’s a great guy. I know he’s a great teammate. I’m fine. Everybody will be O.K. We’ll move on.” Cain further defended Hader, saying, “We’ve all said crazy stuff growing up, even when we were 17, 18 years old. If we could follow each other around with a recorder every day, I’m sure we all said some dumb stuff. We’re going to move on from this.”

First baseman Jesús Aguilar also came to Hader’s defense:

However, Aguilar also retweeted a tweet from Scott Wheeler of The Athletic which had screencaps of Royals 2B/OF Whit Merrifield and Angels outfielder Mike Trout using the word “gay” pejoratively in tweets. Merrifield also used the word “retard” pejoratively.

The “he was 17” defense rings hollow. At 17 years old, one is able to join the military, get a full driver’s license (in many states), apply for student loans, and get married (in some states). Additionally, one is not far off from being able to legally buy cigarettes and guns. Given all of these other responsibilities we give to teenagers, asking them not to use racial and homophobic slurs is not unreasonable. Punishing them when they do so is also not unreasonable.

A study from several years ago found that black boys are viewed as older and less innocent than white boys. A similar study from last year found that black girls are viewed as less innocent than white girls. Michael Brown, Tamir Rice, and Cameron Tillman, among many others, never got the benefit of the doubt that Hader and countless other white kids have gotten and continue to get in our society. When we start giving the same benefit of the doubt to members of marginalized groups, then we can break out the “but he was only 17” defense for Hader.

We also need to ask ourselves what our inaction regarding Hader’s words will say to members of those marginalized communities. Will it tell them that we value the comfort of those in power above everyone else? Will it tell members of marginalized groups that they are not welcome? In this case, it absolutely will. It communicates the message that, as long as you are white and can perform athletic feats, there’s no level of bigotry the league won’t tolerate. Furthermore, as the league and its 30 individual teams make more efforts towards inclusiveness with events like “Pride Night,” the inaction comes off as two-faced and hypocritical. This is why Major League Baseball — and the Brewers — should have done more to respond to Hader’s tweets.