Sports Law Roundup – 6/23/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Football trademark: As predicted (not by me) back in 2015, the Supreme Court heard and now has ruled on a trademark case involving a band called The Slants that has a direct effect on the Washington Redskins, whose trademark registrations were revoked under the same policy applied to The Slants. That policy sought to ban registration of trademarks that were disparaging or offensive, but a unanimous (8-0) Court held that the ban violated the First Amendment. “It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend,” Justice Samuel Alito explained.
  • NFL fan access: A Green Bay Packers fan has sued the Chicago Bears because the Bears won’t allow him on the sidelines before games at Soldier Field while he’s wearing Packers attire. The fan is a Bears season-ticket holder who built up enough “points” to receive an award in the form of a pregame warmup sideline experience. Despite his entitlement to that experience under the terms of the Bears season ticket program, the Bears refused to allow him to participate while wearing Packers clothing.
  • Daily Fantasy Sports: The inevitable merger between DraftKings and FanDuel announced last November has hit a probably inevitable regulatory hurdle. The Federal Trade Commission has filed a lawsuit in an attempt to block the merger, which, the FTC says, would create a single company that controls ninety percent of the daily fantasy sports market. On Tuesday, a judge granted the FTC a temporary restraining order that halts the merger for now.
  • Golf drugs: The PGA has asked a judge to reconsider her May ruling that the tour breached an implied duty of good faith it owed to Vijay Singh in connection with a 2013 suspension the PGA issued to him after he told a reporter he’d used a product called The Ultimate Spray, which contains “velvet from the immature antlers of male deer,” something that supposedly aids golf performance. The PGA’s arguments in support of reconsideration involve evidentiary matters pertaining to witness testimony regarding the financial consequences of Singh’s suspension and the judge’s understanding of whether the PGA reviewed materials from the World Anti-Doping Agency (“WADA”), which maintains the tour’s agreed list of banned substances, to confirm that the spray in fact contained or constituted a banned substance. During Singh’s suspension, WADA issued a public statement clarifying that use of the spray was not prohibited, and Singh argued that the PGA should have confirmed this fact with WADA before it suspended him.

Sports court is in recess.

Babe Ruth, Atlanta, and the Longest Home Run Ever Hit

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The Atlanta Braves debut at their new home, SunTrust Park, tomorrow night. Today, my latest article for The Hardball Times is a look back at baseball in Atlanta in 1928, when there was a ballpark out front of what’s now Ponce City Market, and Babe Ruth hit the longest home run ever.

The full article is available here.

Taylor Swift and Phish deserve 2016 World Series rings

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Taylor Swift’s influence on this year’s historic World Series is well-recognized. First, she cleared the Chicago Cubs’ path through the National League side of the playoff draw by failing to release a new album in an even year for the first time since 2006, thereby removing the true and powerful source of the San Francisco Giants’ even-year magic. Things wobbled a bit when, on the day of game three of the NLDS (in which the Cubs held a 2-0 series lead over the Giants), Swift announced that her first concert in nearly a year would take place later that month and, some thought, hinted at a new album release that would spirit the Giants to another world championship. San Francisco avoided elimination by beating Chicago that night.

Swift performed her concert, but she ultimately declined to release a new album, thereby halting the Giants’ playoff run and allowing the Cubs to advance to the World Series.

As all baseball fans know from the parable of the angels in the outfield, though, a team’s supernatural helper– be it Christopher Lloyd or T-Swizz– only will carry the team so far. In the World Series, the Cubs faltered again. Their offensive power, which had floated them to a regular-season-best 103 wins, suddenly became scarce in the playoffs, and they quickly found themselves in a 3-1 hole against Cleveland in the final round. Backs against the wall, Chicago would have to win three straight games in order to claim the title. To do that, their first baseman, Anthony Rizzo, would have to start hitting.

At twenty-seven years old, Rizzo qualifies as a wise old veteran on this young Cubs team, and he knew a change was necessary for the Cubs to have a shot at winning the series, so he made one. All year and throughout the playoffs, Rizzo had used Swift’s “Bad Blood” as his walkup music, and it had served him well. With one game left at Wrigley Field, the first of three consecutive must-wins, Rizzo hit shuffle on the jukebox, swapping “Bad Blood” for the Rocky theme. It worked. Rizzo hit a key double and scored a run, and the Cubs won 3-2, sending the series back to Cleveland, where they would win twice more, including a dramatic game-seven victory in extra innings. And it’s all thanks to Taylor Swift.

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Almost all of it, anyway. The touring phenomenon that is the band Phish has been making music together since 1983. In the more than thirty years of their existence, they have performed in Chicago numerous times. In fact, prior to this year, they’d played in Chicago twenty-eight times (I’m counting their five appearances in Rosemont), including a 1991 gig at the famous Cubby Bear bar. (For more on that storied venue’s history with music and baseball, enjoy this brief video from 1984.)

Until 2016, though, they never had performed inside the (helping) friendly confines of Wrigley Field. In the 108th year of Chicago’s north-side championship drought, however, Vermont’s finest made their Wrigley Field debut on June 24. We joined them on night two of their two-night Wrigley run, and they were excellent. The second night’s second set, in particular, was sublime.

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I don’t recall any explicit baseball references from the band that evening, but the first set offered some clues:

  • Waiting All Night (a World Series game seven preview)
  • 46 Days (sung as a reference to the days of 1946, the year after the Cubs’ last World Series appearance)
  • I Didn’t Know (You Were That Far Gone – from a World Series championship)
  • Good Times Bad Times (acknowledging that the Cubs and their fans have had their share of both)

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Are there musicians more closely associated with the Chicago Cubs than Taylor Swift and Phish? Probably. Eddie Vedder comes to mind. Michigander and ostensible Detroit Tigers fan Jack White has had his public flirtations. It is clear from the foregoing, however, that no musicians did more to help the Cubs break their various curses and claim a World Series title for the first time in 108 years than Swift and Phish. If Manny Ramirez is getting a World Series ring this year, then so should Taylor, Trey, Jon, Mike, and Page.

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Related
World Series Game 7 in two tweets
Book review: Chicago Blues: The City & The Music

World Series Game 7 in two tweets

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Last night’s World Series finale had everything, and it was amazing to watch. You’ll find plenty to read about it across the web today. For now, anyway, my contribution to that plenty will be, like the bulk of what you usually find here, minimal, derivative, and frivolous.

The game had numerous memorable moments, and one of the most memorable was Rajai Davis’ game-tying home run off Aroldis Chapman in the eighth inning. You can see on the graph above right where it happened, and, if you want an even more graphical recollection, the video is here. As the above starkly illustrates, the Cubs were, more or less, cruising by this point. Sure, Chicago manager Joe Maddon was doing his best to keep the game interesting by mismanaging his pitching staff, but the Cubs’ lead appeared as solid as a lead reasonably can appear late in a game-seven setting. Roughly an hour before Davis’ world-inverting homer, though, when things seemed relatively quiet on the eastern front, came this tweet:

Then, a moment before Davis came to the plate, a second tweet arrived:

And then the rains came. What a night.

Tardy 2016 World Series Preview

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The 2016 World Series started yesterday, and Cleveland now has Chicago in a one-game hole after a 6-0 shutout win last night. The Cubs were clear favorites to win the series entering last night, and while we probably still should consider them the favorites, Chicago fans can be forgiven for seeing lots of doom and gloom on the horizon this morning.

Here’s what the statistical projections on World-Series-winning odds now say:

Chicago remains favored to win game two tonight, but last night’s loss exacted a large toll on their overall series odds. (On the other hand, as one tortured Cubs fan opined yesterday, “In late October, math no longer applies.”)

At least one more game will be played in Cleveland’s JacobsProgressive Field, which has been a weird place to play baseball of late, at least relative to other places to play baseball.

This entire post has been a polite rouse designed to provide a vehicle for linking you to this World Series preview post, which is the best of its kind and the only one anyone needs to read.

The Ghosts of ’94

s-l300My first article for The Hardball Times takes the time machine back to the strike-shortened 1994 MLB season, where we find much historically significant activity in progress. Would Tony Gwynn have hit .400? Would the Montreal Expos finally win that elusive World Series championship? Could Gene Lamont predict baseball? Marshaling something approaching my best efforts, I make attempts of varying degrees of rigor to answer those questions, undoubtedly raising many more in the hopefully mildly entertaining process.

The full post is available here.

Ready to Die: Three Days of Drugs and Disintegration with The Grateful Dead (via Vice)

gd50We’re clacking and lurching on a Red Line car to the Roosevelt stop. This is the exit for Chicago’s Soldier Field, site of “Fare Thee Well,” the last three shows for the band formerly known as The Grateful Dead. Ask me why I’m here and I can only give you elliptical answers.

On most Sundays, the Grateful Dead are my favorite rock band of all-time, but this seems destined for pure farce—a Necrophiliac spectacle where the hallucinogenic ashes of Saint Jerry spike the Fourth of July fireworks. During intermission, the field will split open and he’ll ascend in a floating mausoleum, wax mannequin covered in tie-die, exhumation costs covered by the largesse of Ben and Jerry. A Jerry hologram was planned, but couldn’t be properly brought to fake life in real time. The Jerry impersonator from Half Baked was waylaid with prior Independence Day plans. One of these is true.

Somehow, four old guys, Bruce Hornsby, and Trey from Phish sold 65 percent more tickets per show than Taylor Swift—more than every summer festival except Coachella. And there may be more floral garlands here. The Golden Road to Devotion now costs a couple mortgage payments. No free press passes either. Entrance meant that you won the lottery, sold spare appendages on the black market, or finessed the Patchouli circuit plug. Maybe you’re one of the hundreds outside with a cardboard sign that reads: “Hoping for a Miracle.” … Read More

(via Vice)

Does Blackhawks jersey ban violate the First Amendment? (via ABA Journal)

Chicago Blackhawks fans who are lucky enough to snag tickets for the Stanley Cup Finals at the Amalie Arena in Tampa will be barred from wearing team apparel if their seats are in exclusive club seating areas.

The policy, along with another restricting ticket purchases to credit cards associated with Florida zip codes, is raising hackles among Blackhawks fans. The ban on team apparel is also raising First Amendment issues, according to Florida International University law professor Howard Wasserman, who spoke with the Chicago Tribune.

Amalie Stadium is publicly owned and the First Amendment would apply to its actions, Wasserman said. He sees a potential problem if the ban on Blackhawks gear applied throughout the stadium.

He notes that the ban only applies to certain sections, however. “While troubling (and stupid),” he told the Tribune in an email, “if that involves only a relatively small portion of the arena and only a relatively small part of the seats, it may be permissible. Certainly more so than a blanket ban on anyone wearing Blackhawks gear.”

(via ABA Journal)

Window Shopping: We Got Robbed

The Detroit Tigers shot out to a hot start in 2015, but things have not been too good for Detroit since then. They’ve won just five of their last thirteen series. The team’s active six-game losing streak is its longest in four seasons.

The title of this year’s serial Tigers feature at this site, Window Shopping, comes from the common theme of Detroit season previews that, with respect to a World Series championship, the team was trying to keep open its “window of opportunity,” assuming that proverbial window had not already slammed shut under the weight of expensive long-term contracts, aging players, and perceived defensive burdens.

After the last month and a half, though, it is as if these window shoppers, gazing upon the Commissioner’s Trophy in a fancy Harrod’s storefront display (did we fight the Revolution for nothing??), reached into their back pockets in consideration of making the eventual purchase, only to find they suddenly had no money, no credit cards, no traveler’s checks, nothing. They’ve been robbed.

The Tigers are in a tailspin, and it isn’t exactly anyone else’s fault. Their recent struggles have come in games against teams largely regarded as mediocre or worse, including the Athletics, Angels, and Brewers. What’s happening?

After starting the season with an 11-2 record, the Tigers have gone 17-24, and their performance somehow has felt even worse. By my count, since April 21, the date they entered with that 11-2 mark, Detroit has a -19 run differential. Only two other American League teams– the White Sox and Red Sox– have worse run differentials during that period, and only one AL team, Toronto (187), has allowed more runs over that span than Detroit’s 185. Of course, the Blue Jays also scored 213 runs in those games, a number that dwarfs the Tigers’ 166 and is the most in the league. On the other hand, just seven AL teams have scored fewer than 166 runs since April 21, and two of them, Kansas City and Tampa Bay, still maintained positive run differentials. (Both Sox teams, along with Seattle, Baltimore, and Oakland round out this low-scoring group.) In terms of offense and defense (the fundamental terms of competitive team sports), it’s hard to be worse than Detroit right now.

Offense fueled the Tigers’ strong start, and its disappearance has triggered their decline. They averaged 5.38 runs per game through April 20. Since then, though, they’ve scored just 4.05 runs per game, a drop of more than a run and a third. Omit a blowout 13-1 win against the Twins on May 14, and that per-game scoring average falls to 3.83. No bueno.   Continue reading

An audible discussion of current baseball stories

While the ALDLAND Podcast continues to take a technical hiatus, I was a guest on this week’s episode of the Banished to the Pen podcast, where we discussed current baseball stories ranging from StatCast to Chicago Cubs prospects to the Detroit Tigers and the rest of the fightin’ AL Central.

You can download or stream the entire podcast here.