| No
Injunction Against MLB Moving All-Star
Game From Atlanta, SDNY Judge Caproni Says
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
June 10 – Major League
Baseball has been sued for
moving its 2021 All-Star Game
out of Atlanta - and the
plaintiffs' first cause of
action is under the Ku Klux
Klan Act, 42 USA Section
1985.
The case
was assigned to Judge Valerie
E. Caproni in the U.S.
District Court for the
Southern District of New York,
where Inner City Press is
in-house media and is covering
it.
On June 10,
Judge Caproni held a
proceeding on the request for
a preliminary injunctions
against the move, and denied
it. Inner City Press live
tweeted it here:
Judge Caproni
asks how the plaintiff Job
Creators Network is harmed by
the All-Star Game being moved.
JCN makes diversion of
resources argument.
Judge
Caproni: But this is what you
do - you take out billboards.
JCN: We have to focus on
Atlanta, can't help others.
JCN: We
have Constitutional claims.
This is not Yankees versus
Mets. This is the All-Star
Game, in the MLB charter. All
teams must send players to the
All-Star Game. All teams
contribute. We have case law
that the NY Yankees are state
actors. The "Lutke" case Inner
City Press @innercitypress ·
2h Judge Caproni: That was
about the Yankee Stadium
lease. And the Rockies case in
not on point either.... Have
you ever heard the phrase,
Sucking at the public tit?
JCN: Some of the ballparks,
there's a statute making it
part of the state, in Colorado
for example.
JCN: Baseball has
the antitrust exemption...
this provide an emolument to
the city. My argument is, you
can conclude that baseball is
a public entity. Judge
Caproni: Let's assume it is.
What's the constitutional
violation? Inner City Press
@innercitypress · 2h JCN: It's
like they're saying, you're
from Georgia? I don't like
your voting rules. You can't
come into my theater. You're
from Colorado? I love your
voting rules. Come on it. They
can't do that.
Judge Caproni:
They can fly to Colorado. And
anyone that is dependent for
their living on one game in
the middle of the summer,
that's a problem. What's the
group? JCN: Georgia citizens
are being discriminated as
compared to Colorado citizens.
Judge
Caproni: Are you saying MLB
couldn't say, We're not going
to give an expansion team to a
state with a law we don't
agree with? JCN: If they have
a valid reason. Judge Caproni:
You're just quibbling... Are
you contesting their good
faith?
JCN: I am. Judge
Caproni: There was an invasion
on the Capitol, based on a
misunderstanding. They thought
something had happened, that
hadn't... JCN: Atlanta is 51%
African American.
Judge Caproni:
You have not even alleged that
JCN has any Black members.
JCN: You're right.
Judge
Caproni: You think the law is
good? JCN: Yes. Judge Caproni:
And your members have a 1st
Amendment right to that view?
JCN: Until they hurt
someone.
Judge Caproni:
You've gotten far afield from
your members. You're worried
about future elections in
Georgia. Union lawyer: They
say we're racist, because the
KKK Act requires invidious.
But we think it's
sanctionable, we have diverse
members. We may be back.
JCN: We cite
Metro Life, 1985 Supreme
Court. MLB is punishing
Georgia businesses to try to
get the law changed
Judge
Caproni has taken a break and
is back. She says: The
plaintiff's motion for a
preliminary injunction is
denied; standing is lacking
for this. The injury must be
concrete. [Citing Lujan,
1992]. It must be traceable.
Judge Caproni:
The court is not convinced JCN
has diverted resources. And it
is unclear why JCN cares more
about small businesses in
Georgia than in Colorado.
Judge Caproni:
Even if flaws in the complaint
were cured, Plaintiff would
not be entitled to a
preliminary injunction...
While plaintiff says the loss
of the All-Star Game is like
the loss of innocence of a
child, they have said $100
million would take care of it
Judge Caproni
says she'll set a pre-trial
conference in July. JCN asks
for transcript; Judge Caproni
says buy it from court
reporters - "small business
and all, you know?"
On June 3,
plaintiff Job Creators
Network's CEO Alfredo Ortiz
said, "MLB Commissioner Rob
Manfred is ducking JCN’s
lawsuit by refusing to be
served, a tacit admission that
he dropped the ball by moving
the MLB All-Star game from
Atlanta. While Manfred hides
out in his $6 million Upper
East Side penthouse, Atlanta
small business owners continue
to take his decision on the
chin, losing out on over $100
million in economic activity
when they need it most."
But an
affidavit of service has been
filed in the docket, saying
that a white male of 50 years
of age weighing 240 pounds was
handed the papers, sitting
down.
Now on June 4,
however, these notices of
appearance: for Manfred and
the Office of the
Commissioner, Sullivan &
Cromwell; for the MLB Players
Association and Tony Clark,
Winston & Strawn.
A hearing
on June 10 is scheduled and
Inner City Press aims to cover
it.
The case is
Job Creators Network v. Office
of the Commissioner of
Baseball, et al., 21-cv-4818
(Caproni).
***
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