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.
Jul 5, 2015, 10:32 AM EDT
Check out this wrap-around style montage of all the July 4 action in Major League Baseball …
Jul 5, 2015, 9:40 AM EDT
Josh Hamilton has a .954 OPS in 10 games with the Rangers. The problem is he’s only played in 10 games.
Jul 5, 2015, 8:53 AM EDT
The best fireworks on July 4 came from the Angels.
Jul 4, 2015, 11:55 PM EDT
Chi Chi Gonzalez posted good results in his first seven major league starts, but he’ll cede his rotation spot to Matt Harrison and head back to Triple-A.
Jul 4, 2015, 11:20 PM EDT
But not even science could master the knuckleball.
Jul 4, 2015, 10:45 PM EDT
Kris Bryant had a monster night at the plate on Saturday against the Marlins.
Jul 4, 2015, 10:26 PM EDT
Jarred Cosart had a rough outing on Saturday and will try to straighten things out at Triple-A.
Jul 4, 2015, 10:15 PM EDT
The Orioles got Jonathan Schoop back after nearly three months. They sent Ryan Flaherty to Triple-A to make room for him.
Jul 4, 2015, 9:25 PM EDT
The Braves are trying to shop an expensive, ineffective Chris Johnson.
Jul 4, 2015, 9:07 PM EDT
The Twins added some bullpen depth in signing Scott Atchison to a minor league deal.
Jul 4, 2015, 8:35 PM EDT
The Giants tried to get creative to catch Bryce Harper napping off of second base.
Jul 4, 2015, 7:45 PM EDT
John Axford is back with the Rockies, ready to continue closing out games.
Jul 4, 2015, 6:55 PM EDT
Ervin Santana is back. Trevor May’s rotation spot has been freed up to make room for him.
Jul 4, 2015, 6:05 PM EDT
Avisail Garcia robbed Chris Davis of a home run. It was as glorious as it sounds.
Jul 4, 2015, 5:28 PM EDT
Ross, 38, is batting .189/.302/.284 over 87 plate appearances this season.
Jul 4, 2015, 4:25 PM EDT
Matt Holliday has been sidelined since June 8 with a Grade 2 strain of his right quadriceps muscle.
Jul 4, 2015, 3:18 PM EDT
Miguel Cabrera is going to be missed while he’s out with a Grade 3 strain of his left calf, but the Tigers are getting by just fine so far this afternoon against the Blue Jays.
Jul 4, 2015, 2:42 PM EDT
Norris has a 6.79 ERA over 11 starts this season.
Jul 4, 2015, 1:45 PM EDT
Beth Fedornak claims to have suffered “permanent or continuing injuries in her neck and back” as a result of the mascot’s actions.
Jul 4, 2015, 12:39 PM EDT
Nationals right-hander Stephen Strasburg exited today’s start against the Giants in the top of the fourth inning due to an apparent injury to his left side.
- Settling the Score: Saturday’s results 4
- Video: Kris Bryant hits a grand slam as part of a two-homer, six-RBI night 8
- Stephen Strasburg exits start with tightness in left side 10
- In the wake of the Miguel Cabrera injury the Tigers have few good options 19
- Mets general manager Sandy Alderson says Terry Collins’ job is safe 11
- Calf injury sends Miguel Cabrera to the disabled list for the first time in his career 7
- Settling the Score: Friday’s results 27
- Rangers designate Neftali Feliz for assignment, activate Matt Harrison 9
- Settling the Scores: Sunday’s results (99)
- Mike Scioscia says Josh Hamilton should apologize to Angels owner Arte Moreno (90)
- What Yasiel Puig being a pain in the butt means. And what it doesn’t mean. (78)
- Report: Jerry Dipoto “definitely out” as Angels GM (77)
- Brian Dozier is the best second baseman in baseball (72)