San Jose sues Major League Baseball, challenging its monopoly power

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The City of San Jose has sued Major League Baseball in an effort to get the Oakland A’s to relocate to San Jose, to challenge the Giants claim to rights over the territory and to challenge Major League Baseball’s long-standing monopoly power.

The lawsuit, a copy of which can be seen here, and which is analyzed in-depth here, alleges that Major League Baseball has caused San Jose to lose prospective financial benefits and deals by virtue of the A’s moving there and violations of state and federal antitrust laws.

This will get big headlines, but until I see the lawsuit or have someone tell me otherwise, I can’t see how the City of San Jose would have a leg to stand on. Literally: I think legal standing is a big, big problem here.

Standing, for purposes of a lawsuit, is the idea that focuses on whether a plaintiff in a lawsuit can show that he or she some personal legal interest that has been damaged by the defendant. It is not enough that the plaintiff has an interest of sorts or a prospective interest. It has to be a concrete personal stake in the outcome of the suit. You may be very interested in a big real estate deal going down, but you can’t sue the people involved for not letting you into the deal on the idea that, “man, I would’ve made a ton of money!”  You have to be in the deal already and have your rights violated.

I don’t see how San Jose has that standing here. Yes, they would benefit greatly from the A’s moving to San Jose and yes MLB’s monopoly rules which control where franchises can and cannot be are preventing it. But they are not party to those rules. They have no hard and fast deal with the Oakland A’s yet. There have been statements of principles and plans announced pending MLB approval of an A’s move, but nothing hard and in stone. Indeed, if the A’s had committed to San Jose in such a way already, the Giants and/or Major League Baseball likely would have sued them by now.

I hate baseball’s monopoly power. I think it makes watching games on TV difficult and I think it makes the game less competitive by keeping teams from doing everything they can to compete. But that doesn’t give me the right to sue Major League Baseball over it. The A’s in San Jose would make San Jose’s life way better too, many would argue. But just because they’re not doesn’t give San Jose the right to sue either. What would make this different is if Lew Wolff and the A’s were involved. And I find it almost impossible to believe that they would be.

UPDATE: How about more than impossible the A’s would be involved here. From Michael McCann’s column about Frank McCourt back in 2011 in Sports Illustrated:

MLB could also highlight the “waiver of recourse” clause found in the MLB constitution. This clause prevents clubs from engaging in litigation against the commissioner, the league or other owners. Indeed, by virtue of becoming a franchise owner, an owner waives away the right to seek remedies that would normally be available through the legal system. The clause also compels owners to resolve their differences internally and to accept the commissioner’s judgment as binding.

This would prevent the A’s from joining in.  I’m told the San Jose complaint, however, alleges that the MLB Constitution is expired now. Which would be odd, but that’s the claim. Likely asserted so that the A’s could later join the suit if it gets further down the road.

MLB executive: Bruce Maxwell’s kneeling may keep him from finding work, not his arrest

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In September 2017, former Athletics catcher Bruce Maxwell became the first major league player to kneel during the national anthem, joining the handfuls of NFL players who had been doing the same to protest police brutality and racial inequality. Maxwell’s effort was laudable, but he got into trouble a month later when he was arrested for aggravated assault with a deadly weapon and disorderly conduct. Maxwell allegedly pointed a gun at a food delivery person.

Maxwell, 27, played sparingly for the Athletics in 2018 and then was designated for assignment at the beginning of September. He officially became a free agent on November 2 and has had trouble finding work in the month-plus since.

Susan Slusser of the San Francisco Chronicle reports that Maxwell fired his agent, Matt Sosnick on Thursday because he’s still jobless. According to an unnamed MLB executive Slusser spoke to, “It’s the kneeling thing that might keep him from getting another job, not the arrest. Owners aren’t going to want to deal with that whole anthem issue.”

That makes a lot of since since abusive players haven’t had too much trouble finding new work otherwise. Addison Russell, Jeurys Familia, and José Reyes, among others have either stayed with their teams or quickly found new work. Given the relatively weak catching market, had Maxwell only had the assault charge, there is no doubt he would have been signed to be a backup catcher somewhere.

In the NFL, Colin Kaepernick — who popularized kneeling during the anthem — has remained unsigned even though teams have opted to sign and start clearly inferior quarterbacks like Mark Sanchez, Josh McCown, Ryan Fitzpatrick, Jay Cutler, Matt Barkley, and Sam Bradford, among many others. Team owners tend to run conservative in terms of politics, so they may not like the protest to begin with, then there is the public blowback to signing such a player as those who dislike such protesting make up a slight majority in the U.S., according to various polls including one done by the Washington Post.

It’s worth noting that Maxwell has a career .240/.314/.347 triple-slash line in 412 plate appearances. We’re not talking about J.T. Realmuto or Buster Posey here. That being said, there have been 15 other catchers to have put up a lower aggregate OPS since 2016 (min. 400 PA). One of those players, Derek Norris (.600 OPS since 2016), signed a minor league contract with the Tigers just three months after being suspended by Major League Baseball for violating its domestic violence policy. Makes you think.