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No Injunction Against MLB Moving All-Star Game From Atlanta, Now Case Dismissed

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 and below.

Now on June 21, the Job Creators Network has "dismissed the action, without prejudice."

Not in the court filing, but outside, JCN's Alfredo Ortiz said, "MLB’s decision to punish these Atlanta small businesses and residents who bear no responsibility for their state’s political action was wrong... The Job Creators Network will continue fighting tirelessly to make it right. In the meantime, we have decided to withdraw our lawsuit against Major League Baseball. While we are withdrawing our case from federal court here in New York, we will continue to evaluate our legal options and other out of court opportunities." Watch this site.

From June 10: 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.

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.

 The case is, or was, Job Creators Network v. Office of the Commissioner of Baseball, et al., 21-cv-4818 (Caproni). 


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