Native American group plans to file a $9 billion lawsuit against the Cleveland Indians over Chief Wahoo
Jun 25, 2014, 4:11 PM EDT
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.
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.
Aug 28, 2015, 6:05 PM EDT
An unknown team claimed Padres closer Craig Kimbrel on revocable waivers.
Aug 28, 2015, 5:18 PM EDT
Will the Red Sox exercise his $13 million option for 2016?
Aug 28, 2015, 4:46 PM EDT
This is from an incident in June 2014
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Aug 28, 2015, 2:00 PM EDT
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Aug 28, 2015, 1:44 PM EDT
Hours after firing general manager Jack Zduriencik the Mariners have demoted one of his worst draft picks.
Aug 28, 2015, 11:42 AM EDT
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Aug 28, 2015, 11:27 AM EDT
Two months ago, in the wake of the Astros database hacking scandal, the Cardinals fired scouting director Chris Correa.
Aug 28, 2015, 10:30 AM EDT
Pedro Martinez is one of the smartest baseball players in living memory, but he’s sniffing up the wrong tree here.
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Aug 28, 2015, 10:15 AM EDT
He looks like a goner after the season.
Aug 28, 2015, 10:00 AM EDT
I hate to use the word “classy” because its so overused in sports. But this is classy.
Aug 28, 2015, 9:18 AM EDT
Oh, and if you didn’t know: ESPN is a tool of ISIS.
Aug 28, 2015, 8:02 AM EDT
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Aug 27, 2015, 11:10 PM EDT
Just your standard 1-3-1 putout.
Aug 27, 2015, 10:52 PM EDT
Brutal news here for the Nationals.
Aug 27, 2015, 10:00 PM EDT
After losing Yunel Escobar on a hit-by-pitch, Michael Taylor left tonight’s game against the Padres when he crashed into the outfield fence.
Aug 27, 2015, 9:27 PM EDT
So, that thing about the Nationals’ projected Opening Day lineup finally being in place?
Aug 27, 2015, 9:01 PM EDT
Twins rookie slugger Miguel Sano hit another mammoth blast tonight against the Rays. The only problem is that the catwalk at Tropicana Field got in the way.
Aug 27, 2015, 8:05 PM EDT
Jones was forced to exit Thursday’s game after colliding with the center field fence.
Aug 27, 2015, 7:13 PM EDT
After being designated for assignment by the Mariners over the weekend, Rodney will be reunited with Joe Maddon in Chicago.
- Mariners fire general manager Jack Zduriencik 46
- Pedro Martinez wonders if bad chemistry is the reason the Tigers and Mariners are out of contention 45
- Vote of non-confidence: Reds owner says manager Bryan Price won’t be fired before the season is over 20
- And That Happened: Thursday’s scores and highlights 82
- Denard Span headed back to DL with hip inflammation, unlikely to return this season 10
- Report: Barry Bonds loses collusion case against MLB 40
- Jessica Mendoza to sit in for Curt Schilling on Sunday Night Baseball this week 80
- And That Happened: Wednesday’s scores and highlights 78
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- Dan Patrick: When does ESPN cut ties with Curt Schilling? (199)
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