We wrote about this back in 2011: A New Brunswick, New Jersey businessman sued the city in federal court, claiming that the mayor held up approval of his liquor license for a sports bar because he didn’t like the bar’s proposed name — Buck Foston. The claim asserted that the mayor was a Red Sox fan and illegally singled out the bar in violation of the First Amendment.
The owner of Buck Foston just won big. Specifically, after six days of evidence, the jury sided with the bar owner, calling the license denial an outrageous First Amendment violation and awarding him $1.5 million. This, from the Post is the best part:
. . . the jury heard testimony that the mayor had met with Blatterfein to ask him to change the name, which he allegedly called “vulgar.” During the conversation, Blatterfein asked Cahill why it’s OK to have a Cluck-U Chicken restaurant in town but not a bar called Buck Foston’s, court papers state.
Cahill responded that the name was fine because “chickens cluck,” according to the lawsuit.
I don’t remember the “chickens cluck” exception from my Constitutional law class, but I suppose I might’ve skipped class that day.
Viva democracy. And viva New Jersey businessmen for having the right to name their probably gross bars whatever silly name they want to. That’s what America is all about.
Red Sox southpaw Chris Sale is headed back to the 10-day disabled list, per an official announcement on Saturday. It appears Sale is still suffering from a bout of shoulder inflammation and will require a longer recovery period than initially expected. He was activated from the DL just last Sunday and pitched one start against the Orioles, after which the Red Sox had some concerns about sending him out for another start against the Rays this weekend. Though the team has not named a replacement starter for Sunday’s series finale, MLB.com’s Ian Browne speculates that Rick Porcello could get the nod in Sale’s place.
Sale, 29, looked sharp during his first outing off the disabled list, fanning 12 of 16 batters across five innings of one-hit ball and paving the way for Boston’s 4-1 win against Baltimore. It’s not clear exactly what aggravated the lefty’s condition this time around, nor how long the club expects to be without him, but the move is retroactive to Wednesday and it’s possible that he’ll be ready to handle another start by next Saturday, when the Red Sox are scheduled for a rematch against the Rays in Tampa Bay. Sale has posted exceptional numbers when healthy, decorating his seventh consecutive All-Star campaign with a 12-4 record in 23 starts and an NL-best 1.97 ERA, 2.0 BB/9 and league-best 13.5 SO/9 through 146 innings.
In a corresponding move, right-handed reliever Brandon Workman was recalled from Triple-A Pawtucket. This will be the 30-year-old’s third stint in the majors this season. He’s looked even steadier at the major-league level than he did in Triple-A, with a cumulative 2.59 ERA, 2.6 BB/9 and 8.9 SO/9 through his first 24 1/3 innings in 2018.