[UPDATED] WTF: Bos to the Races, Part II

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While there were positive indications that the Detroit Tigers’ new pitching coach was connecting well with his charges, Chris Bosio’s tenure in Detroit already has come to an end. On Wednesday, general manager Al Avila– without consulting manager Ron Gardenhire— fired Bosio “for ‘insensitive comments’ directed toward a team employee on Monday.” It eventually emerged that Bosio’s “insensitive comments” were of a racial nature, and now we know that, according to Bosio,

he was fired because he used the term “spider monkey” in a conversation that was overheard by an African-American clubhouse attendant. Bosio insisted that the term was not directed at the clubhouse attendant, nor was it said in a racially disparaging fashion.

Bosio said the comment was made in reference to Daniel Stumpf, a white pitcher currently on the disabled list.

“I’ve got protect myself someway, because this is damaging as hell to me. . . . I’ve got to fight for myself. Everyone knows this is not me. I didn’t use any profanity. There was no vulgarity. The N-word wasn’t used. No racial anything. It was a comment, and a nickname we used for a player.”

Bosio elaborated on the “nickname” aspect:

“Someone in our coaches’ room asked me [Monday afternoon] about Stumpf,” Bosio told USA Today. “And I said, “Oh, you mean ‘Spider Monkey.’ That’s his nickname. He’s a skinny little white kid who makes all of these funny faces when he works out.

“The kid [clubhouse attendant] thought we were talking about him. He got all upset. He assumed we were talking about him. I said, ‘No, no, no. We’re talking about Stumpf.’

“And that was it. I swear on my mom and dad’s graves, there was nothing else to it.”

Stumpf has not exactly rushed to his former coach’s defense, however. He told the Free Press that he had no knowledge of the alleged nickname: “Spider Monkey is not a nickname I have been called or I’m familiar with.”

When I first heard the news, I couldn’t help thinking about the public clashes between Bosio and Gardenhire pertaining to bullpen strategy that emerged during spring training as both men adjusted to their roles with their new team, particularly in light of the fact that Gardenhire named Rick Anderson as Bosio’s replacement. Anderson is a Gardenhire man through and through, someone Rod Allen referred to as Gardenhire’s “best friend.”

Bosio has indicated that he plans to explore legal action against the Tigers. If he pursues a claim for wrongful termination, he may face an uphill battle. As a coach, Bosio is not a union member, so state and federal law– rather than any collective bargaining agreement– would govern his employment and any legal claims arising therefrom. Since 2013, Michigan is a right-to-work state, meaning that employers like the Tigers generally can terminate their employees for any reason or no reason at all. Of course, it’s possible that team policies (as might be contained in an employee handbook) or Bosio’s employment contract with the team limited the team’s ability to fire him, however. Seemingly looking in that direction, Avila stated that Bosio’s conduct violated both team policy and his contract.

Without being able to review the Tigers’ employee handbook or Bosio’s contract, it’s difficult to offer much more in the way of an assessment of how a lawsuit between Bosio and the Tigers might go. What is clear is that, with the team’s record since the Rally Goose graced Comerica Park with its feathery presence having fallen below .500 thanks largely to two consecutive series sweeps, the Tigers have found their new diversion from the quality of their on-field performance.

UPDATE: The Athletic now is reporting a new version of the event that led to Bosio’s termination, citing four team sources:

Bosio called the attendant, who is African-American, a “monkey,” according to four team sources. The remark was directed toward the young man, who was collecting towels from the coaches’ room at the time, during a post-game gripe session in which Bosio was lamenting about a pitcher.

During this exchange, Bosio made a derogatory comment about one of the Tigers pitchers and then gestured toward the attendant before adding, “like this monkey here,” the sources said. The attendant pushed back at Bosio for the comment, and an additional team employee witnessed the exchange. Bosio was provided an opportunity to apologize to the attendant after his outburst but declined to do so, according to multiple sources.

All four sources who spoke to The Athletic disputed Bosio’s account.

Regarding potential legal action involving Bosio, this new report also notes:

If Bosio decides to pursue a lawsuit against the Tigers, it will not be his only pending legal action. Bosio has multiple liens and judgments against him and he continues to be embroiled in proceedings with his ex-wife, Suzanne, for whom he filed for divorce in 2012 and was granted a divorce in 2014.

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Previously
WTF: Bad Company? – 6/26
WTF: Busted – 6/13
WTF: Bos to the Races – 5/22
WTF: Welcome Back Kozma – 5/9

Related
2018 Detroit Tigers Season Preview
Highlights from MLB Network’s visit to Detroit Tigers spring training

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Loyola-Chicago’s groundbreaking title overlooked today (via USA Today)

online-shake-3-13-13-4_3They are the champions you might not remember, who lived the extraordinary season you might not have known. But to begin to understand the special journey of the 1963 Loyola of Chicago Ramblers, all that is needed is one picture.

The photo, taken before an NCAA tournament game 50 years ago, shows a black player from Loyola and a white player from Mississippi State shaking hands.

The Loyola player is Jerry Harkness, captain for an upstart team that had not only stormed up the rankings but also flouted the unwritten rules of 1963 by starting four African Americans.

They are the champions you might not remember, who lived the extraordinary season you might not have known. But to begin to understand the special journey of the 1963 Loyola of Chicago Ramblers, all that is needed is one picture.

The photo, taken before an NCAA tournament game 50 years ago, shows a black player from Loyola and a white player from Mississippi State shaking hands.

The Loyola player is Jerry Harkness, captain for an upstart team that had not only stormed up the rankings but also flouted the unwritten rules of 1963 by starting four African Americans. … Read More

(via USA Today)

Sports Law Roundup – 12/22/2017

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

  • Gymnast abuse: Earlier this month, a judge declared that a doctor with ties to USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area, who was facing multiple civil and criminal accusations of improper sexual conduct in connection with his alleged sexual abuse of young female athletes was “a danger to children” and sentenced him to sixty years in prison. Now, one of his most prominent victims, U.S. gold-medalists McKayla Maroney, has sued USA Gymnastics, which, she alleges, tried to stop her from publicly accusing the doctor of abuse. According to Maroney’s complaint, the situation arises out of a prior $1.25 million settlement agreement Maroney reached with USA Gymnastics that contained mutual non-disclosure provisions. Maroney’s current attorney says that while Maroney willingly agreed to that settlement, she did so at a time when she was suffering from emotional trauma and needed the money for “lifesaving psychological treatment and care.” USA Gymnastics says that the parties included the confidentiality provision in the settlement agreement at the insistence of Maroney’s then-attorney, Gloria Allred. Maroney’s complaint also names Michigan State University, the U.S. Olympic Committee, and the doctor as defendants. The doctor still is awaiting sentencing on ten state-law counts of first-degree criminal sexual conduct.
  • Baseball injury: Dustin Fowler, currently an outfielder for the Oakland A’s, filed a negligence action against the Chicago White Sox and Illinois Sports Facilities Authority, which owns and operates Guaranteed Rate Field, because of an injury he suffered when, as a member of the New York Yankees, he ran into an unpadded electrical box in the right-field foul territory of Guaranteed Rate Field during a game last summer. Fowler damaged his knee in the collision, causing his rookie season to end before his first plate appearance, and he ultimately required surgery. Fowler claims that the defendants should have done more to secure the box or protect players from running into it.
  • Sleeve suit: A tattoo artist, whose clients include LeBron James, Kyrie Irving, Tristan Thompson, and Danny Green, is suing the makers of the NBA2K17 video game because, he says, the game’s graphics are so realistic and detailed they include replications of his work, over which he claims copyrights, and he alleges he is entitled to compensation for their use in the game. It’s unclear whether the artist (somewhat confusingly named James Hayden) has sought to protect these rights in other circumstances, such as game broadcasts or television commercials, featuring his clients. This isn’t the first lawsuit against the makers of the NBA2K series of games, however. A different owner of copyrights on NBA player tattoos sued over prior editions of the game and lost because it had not registered those copyrights with the U.S. Patent and Trademark Office. It isn’t clear whether Hayden has registered his trademarks.
  • Super Bowl ticket shortage: A federal appeals court will allow a proposed class action to proceed against the NFL based on allegations that the league’s ticket lottery program for Super Bowl XLVIII, which was played at MetLife Stadium in East Rutherford, New Jersey, only released a fraction of the available tickets to the public. The legal basis of the suit is a New Jersey consumer protection statute that requires the public sale of at least 95% of the tickets for events hosted in the state. The named plaintiff’s claim relies in significant part on an expert economic opinion that the plaintiff paid more for tickets he bought on the secondary market than he would have had the league not withheld more than five percent of the game tickets from the primary public market in violation of the New Jersey law. The federal court now has certified the question of whether the state law applies to the NFL’s actions to the Supreme Court of New Jersey.
  • Hockey island: The State of New York’s economic development agency, Empire State Development, has selected a $1 billion bid by a joint venture directed in part by New York Mets owner Fred Wilpon to develop an entertainment complex that will be the new home of the New York Islanders. The move is significant in that the site, which is part of the Belmont Park racetrack property, is located on Long Island, the place the team called home for all but the last three years, when the franchise left Nassau Coliseum for the Barclays Center in Brooklyn (which, as a geological matter, is part of Long Island but whatever).
  • Music City soccer: On Wednesday, MLS announced that it would award an expansion franchise to Nashville, where the new team is expected to play in a new arena to be built at the city’s fairgrounds. The day before, a local judge had dismissed a lawsuit by opponents of the stadium’s construction because she concluded the plaintiffs lacked standing to challenge the project and determined that the stadium would not impair existing fairground activities, including the state fair.
  • RICO soccer: On Friday in a New York federal court, a jury convicted the former leaders of the Brazilian and Paraguayan soccer associations on racketeering conspiracy charges related to millions of dollars in bribes received in exchange for marketing rights. The jury is continuing to deliberate over similar charges against the former head of the Peruvian soccer association. The maximum sentence for each charge is twenty years in prison.
  • Thursdays are for the lawsuits: On Thursday, Barstool Sports served the NFL with a notice to cease and desist the marketing and sale of a line of apparel the website contends were “made with the intent to trade off of the goodwill associated with” a Barstool-owned trademark, “Saturdays are for the Boys.” (Interestingly, Barstool did not create “Saturdays are for the Boys,” though it did popularize, market, and register as a trademark the phrase one of its writers overheard at a bar.) The allegedly offending products are shirts the NFL is selling with the phrase “Sundays are for” followed by one of its team names or nicknames. The one shown in the cease-and-desist letter is the Dallas t-shirt, which reads “Sundays are for the Boys.” The NFL had pulled that shirt from its online store prior to the sending of the letter, but the others remain available.

Sports court is in recess.

Sports Law Roundup – 8/18/2017

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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 is a top sports-related legal story from the past week:

  • Golf suit suit: On Monday, Augusta National Golf Club filed suit against an online auction memorabilia company in an attempt to halt sales of three of the club’s famous green jackets. According to the club, the jackets, which it issues to club members and winners of the Masters tournament, remain club property and may not leave the premises, with only one exception: the Masters winner may take his jacket off club grounds during the first year following presentment. The site claims to have for sale the 1966 Masters champion jacket issued to Byron Nelson, as well as member jackets belonging to John R. Butler, Jr. and George King. This list of club members USA Today published in 2002 names Butler and identifies him as a resident of Texas affiliated with J.R. Butler and Co., which appears to be an oil and gas consulting company. King’s name does not appear on the 2002 list, and reports on this lawsuit indicate that he was a member of the club only “briefly.” The auction site describes King as “an early Augusta National member from Wisconsin, never returned to Augusta National after” World War II. The auction company claims to have previously sold three other Masters champion jackets, including one belonging to the tournament’s first champion, Horton Smith, for almost $700,000 in 2013. There is no indication that the club sued the auction company in connection with any of its prior sales. Yesterday, a judge granted the club’s motion for a preliminary injunction halting the auction of the jackets, which the club alleges constituted stolen property.

Sports court is in recess.

The arc of the ALDLAND universe is long, but it bends toward this weekend

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If there are two things I’ve written about with consistency at this weblog they are 1) the Detroit Tigers and 2) the Atlanta Braves’ foolhardy abandonment of their downtown home at Turner Field. Beginning tonight, and for the next two days thereafter, these two ALDLANDic worlds will collide when the Tigers face the Braves in the final three games ever to be played at the aforementioned Turner Field. More than anything, I am grateful that we will be able to attend each of these games, live and in person. These are critical games for the 2016 Tigers, teetering as they are on the edge of postseason qualification, and they are historic games for the City of Atlanta. I have little more to add at this juncture other than that I am very excited.   Continue reading

Baseball Notes: Current Issues Roundup

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Rather than my own attempt at fashioning a nugget of faux-wisdom, the purpose of this Baseball Notes post is to highlight a number of articles posted elsewhere addressing current issues in the sport.   Continue reading

Farewell, again, dear Prince

Nearly three years ago, Detroit Tigers fans said goodbye to Prince Fielder, whom the team traded in the 2013 offseason to Texas in exchange for Ian Kinsler. At the time, many were glad to see him leave, though some, including this author, were not. All must agree, however, that when Fielder left Detroit, he became barely a shadow of his former Ironman self. In his two years as a Tiger, he didn’t miss a single game. Excluding his rookie year, in the eight years he spent in Milwaukee and Detroit, he missed a total of thirteen games, playing the full 162 in four of those eight seasons. That’s an impressive accomplishment for any player.

If one wanted to be cold about it, one might note that, 2014, Fielder’s first in Texas, was a year of insult and injury for Prince. Not only did his trade replacement, Kinsler, make the All-Star team on his way to completing the second-best season of his career, but Fielder underwent season-ending neck surgery in late May, appearing in just forty-two games for his new club. He seemed to bounce back in 2015, posting a .305/.378/.463 line in 158 games, but it has been trouble again for Fielder in 2016. Despite his team’s success, Prince arguably was the worst position player of the first half of the season, and things weren’t looking up in the second half. After playing in all but five of the Rangers’ games through July 18, Fielder again went on the disabled list and, after undergoing a second neck surgery, is expected to miss the remainder of this season.

It may not just be the rest of the season he misses, however, as shocking reports emerged this afternoon that Prince’s career may be over:

If true, then, as a number of people have pointed out, Prince will finish with a .283/.382/.506 line, .304 TAv, .377 wOBA, 133 wRC+, 26.8 fWAR / 23.8 bWAR / 30.3 WARP, and 319 home runs, the same number of home runs his father, Cecil, with whom he seems to have reconciled, hit in a career just one season longer than his son’s.

Although serious injuries seemed to dim his wattage following the trade to Texas, I always will remember Prince Fielder as a complete hitter who was one of the happiest baseball players I ever saw. His friendship with Miguel Cabrera was particularly endearing.  What follows are some of my favorite images and clips from Prince’s playing days:   Continue reading

NASCAR is in Atlanta this weekend, and things are off to a bad start

USA Today reports:

Travis Kvapil’s car for this weekend’s Sprint Cup Series race at Atlanta Motor Speedway was stolen from outside Team Xtreme’s hotel early Friday morning, police said.

The rest of the story, including some truly enlightening comments from the Morrow Police Department, is available here.

Staff at ALDLAND’s Atlanta office are circulating the below picture of Kvapil’s vehicle, last seen at Daytona International Speedway last week, where Reed Sorenson drove it to a thirty-second-place finish at the Daytona 500.

Welcome to Atlanta, Travis. Next time maybe use the hotel valet service, and whatever you do, don’t blame Winter Storm Tupac.

UPDATE: Kvapil and Team Xtreme have withdrawn from this weekend’s race, promising to return for next week’s race at Las Vegas.

The (Walking) Death of Sports on Earth

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Last month, in a story that was poorly reported to the then-staff of the site Sports on Earth, to say nothing of the general public, it snuck out that, in some order, USA Today had pulled out of its partnership with MLB that supported the site and ninety-five percent of the site’s staff had been let go. The soldiering-on of “senior writer” Will Leitch (which is far from nothing) aside, SoE exists today at best as a sort of undead shell of the vibrant self Leitch and its former staff had built in what I called an important “second chapter” of the site’s history.

As David Roth, Keith Olbermann, and even Leitch himself have commented, the whole thing came as a surprise even to the writers, many of whom found out about the great “unwinding” for the first time on Twitter.

We have tracked the rise of Sports on Earth since its birth, and we’ve highlighted plenty of their many well-done stories in the past. From a technical standpoint, SoE was designed for optimal reading on a tablet, and, for me, it held the position of go-to breakfast-table reading for a long time.

I was just a reader. For The Classical’s David Roth, the whole thing was more personal, as he was friends and colleagues of many of the dispatched writers, many of whom also had written for The Classical. I learned about Sports on Earth’s demise from Roth’s extended obituary, which also expounds upon the challenges of sustaining and supporting interesting sports writing in today’s media landscape.   Continue reading

College Football Week 2: Two Questions

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College football’s second week didn’t go so well for some of the teams on which we keep a closer eye here at ALDLAND. No controversy or arguments, really. Just poor performances and bad outcomes. Two days later, I’m left with two main questions:

1. Can Michigan State fix its leaky secondary?

Saturday night’s Michigan State-Oregon game lived up to the hype, through the end of the first half, anyway. During the intermission, the Ducks figured out that the one, very real weakness of the Spartan defense was its secondary. Oregon quarterback Marcus Mariota was having no luck creating much of anything on his own, but if he could get the ball out of his hands, his receivers often were very open and had an easy time tacking on extra yards. Everything else seemed pretty good for Michigan State, and I’m not worried about how they’ll handle their conference schedule. At least against Oregon, though, the secondary looked like a real and easily exploitable problem. My question is whether this is a quick fix or a season-long problem.

2. How soon is too soon to fire Derek Mason?

I have an extremely selective (read: poor) memory, but I don’t think Vanderbilt has had two games as bad as the two they’ve played this season in three or four years. A 37-7 loss to Temple and a 41-3 loss to Ole Miss pretty much says it all. USA Today called the latter “just total destruction.” Yes, the team lost its starting quarterback and a pretty good receiver named Jordan Matthews, but these guys look like they caught World Cup fever in the offseason and thought they were out for the soccer team. I don’t think David Williams should take the kneejerk reaction of firing head coach Derek Mason in Mason’s first year on the job, but Commodawg raised the question while we were watching the game, and the regression VU fans are seeing really is shocking. I think it’s okay to ask: If Vanderbilt continues to follow its current trajectory, would you consider firing Coach Mason in the 2014 calendar year?