Each week at Foul Play-by-Play, we cover the law-related, sports headlines, including the cheats, cheap shots and alleged criminals in sports. Here are the headlines, "Historically Foul Play," “Statistically Significant Foul Player,” and Cheats of the Week for the week of May 18-25.
The NFL owners adopted a new national anthem policy despite an official vote never taking place, according to Seth Wickersham, which he tweeted is “atypical for such a major resolution.” According to Jim Trotter of NFL.com, there were eight to 10 owners who, before the meetings, expressed support for keeping the league’s anthem policy “as is.” They believed the protests were fading and the league should instead focus on community work being done by players.
Regardless, it seems the resolution has been adopted by the NFL, and players who choose to be on the field for the national anthem must either “show respect” for the anthem and flag or the team will be fined. The resolution is intentionally vague, allowing NFL owners and the commissioners to determine what qualifies as respect on a case-by-case basis. So standing for the anthem with a fist in the air like Chris Long did to show solidarity for his protesting teammates would be a finable offense. Team owners can pass those fines onto the players, which will allow them to control the players. While New York Jets chairman Christopher Johnson volunteered to pay all fines incurred by Jets players for violating the policy, other owners aren’t expected to be as tolerant. And if an owners says “this team will pay anthem protest fines as a team” not too many players will be protesting.
Well the NFL Players' Association is already telling players to save their money for a 2021 lockout, when they next negotiate with owners on a collective bargaining agreement, during which the players could demand a more preferred anthem policy. That works perfectly for me, because I intend to stop watching football if the Vikings don’t win a Super Bowl in the next three years, and not because of anthem protests. I’m tired of watching seven seconds of action followed by 25 seconds of inaction. I’m tired of watching kickers and officials determine the outcomes of games. I’m tired of NFL replay, which will now be used to review ejections. And I’m tired of coaches punting on fourth and inches. But at least a catch is a catch again.
Olympic swimmer Ariana Kukors Smith is suing USA Swimming alleging a cover-up of her former coach's sexual abuse. Kukors Smith alleges that Sean Hutchison groomed her for sexual abuse when she was 13, started touching and kissing her when she was 16 and engaged in sexual activity with her when she was 17. Worse yet, she alleges the national governing body knew her former coach sexually abused her as early as 2005, when she was 16. The lawsuit alleges that officials did not report it to authorities and didn't protect Kukors Smith while shielding Hutchison and the image of USA Swimming.
It seems like a case similar to that of the Penn State/Jerry Sandusky scandal, except we know multiple Penn State employees witnessed Sandusky’s behavior with underage boys. In this case, USA Swimming hired a private investigator in 2010 to look into rumors of a relationship between the then-21 Kukors and Hutchison, who was 39, finding no misconduct after the two and others denied the relationship.
The Houston Astros cut suspended minor leaguer and former top prospect Jon Singleton because he couldn’t resist smoking cannabis. As an advocate for cannabis legalization and former holder of a medical cannabis prescription, I understand Singleton’s struggle. While cannabis withdrawals are minimal when compared to say opioids or even alcohol because the plant isn’t chemically addictive like tobacco or alcohol, a psychological addiction can occur. It’s not unlike an addiction to gaming machines.
When something makes you feel good, like getting into the bonus on a reel game, it triggers a release of dopamine by your brain. Dopamine is a neurotransmitter that helps control the brain's reward and pleasure centers. This release happens naturally all the time, even during exercise. Cannabis triggers a considerable dopamine release, so unlike nicotine, which is chemically and psychologically addictive, the cannabis user is addicted to good feelings achieved through cannabis consumption. So you and the cannabis user are actually addicted to the same thing. Only the triggers are different.
Just because it’s all in your head doesn’t make it easy to kick a psychological addiction, especially for those with addiction in their family history. I’m speculating here, but I’d bet that’s the case for Singleton, who substituted alcohol for cannabis after a stint in rehab following his second failed drug test -- the penalty for which is a 50-game suspension, unpaid. That’s almost $715,000 of Singleton’s $2 million annual salary, a figure considerably higher than what most minor leaguers make thanks to the Save America’s Pastime Act, which Major League Baseball snuck through Congress in 2016 to keep minor league baseball players exempt from federal minimum wage laws.
Most minor leaguers at the upper levels of the minor leagues like Singleton make $2,150 per month, according to a class-action lawsuit brought by minor leaguers challenging MLB’s minor league pay schedule. Given a 23-week regular season, that’s an annual salary of $12,362.50. A 50-game suspension for smoking pot would cost these players $4,415.18. As someone who’s lived on less than $8,000 a year, I wouldn’t recommend it unless you enjoy sweating through summer nights sleeping in your van, waking up wet in a borrowed tent failing miserably to withstand overnight thunderstorms, or living with your parents. But if you had to live on less that eight grand a year, I would recommend the van and then the tent over the parents. I don’t know your parents, and I’m sure they’re very nice people, but it doesn’t change the fact you’ll be sick of them within a week.
Lower-level minor leaguers who test positive for cannabis wouldn’t be able to afford a van. Their average salary is $1,100 per month, and an A-ball season is less than 12 weeks long, so a 50-game suspension for smoking weed would leave these 18- and 19-year-old kids with a measly $873.53.
Because of Singleton’s perceived potential, he was lucky to hold onto the money he did. He was the Astros’ top-rated prospect after the 2011 season, according to Baseball America. But he struggled mightily in his first 114 games in the bigs, never getting his batting average over .200.
Finally, the kicker: had he stuck in the bigs, he could have smoked all the pot he wanted. He would have been required to pay a small fine for each failed test, but he wouldn’t have been suspended and he wouldn’t have lost a single game check. The MLB Players’ Association negotiated for that in the collective bargaining agreement, but the MLBPA does not represent minor league ballplayers.
So the reason for both the harsh cannabis policy and poverty-level salaries in minor league baseball is the minor leaguers’ lack of bargaining power, which they could remedy by starting a union of their own. So why haven’t they? There are far more of them than there are major leaguers, and a walkout would collapse the minor league business model because the owners of those teams don’t pay their players’ salaries. MLB teams do. Are 6,500 minor leaguers just keeping their heads down with hopes of realizing that major league dream?
I think if a kid wants to risk his shot at a career in Major League Baseball to smoke weed just let her do so. I understand the employers’ interests in protecting their investments, and that they have the right to do just about whatever they want with regards to drug testing. Hell, if they wanted to they could make every player take a breathalyzer test before each plate appearance or a urinalysis between innings. But being barred from a new profession for roughly two months is more damaging to a young prospect’s career than unwinding after a brutal roadtrip with a joint, or substituting weed for booze when the team goes out after a big win. This policy does not protect the employers’ assets; it turns them into liabilities.
If you’re going to randomly test your employees for drug use in the name of protecting them and the game, stick to the performance enhancers like amphetamines, cocaine, and steroids, and the real drugs of abuse that are physically addictive, like amphetamines, cocaine, opioids, and alcohol. If you’re worried about players playing the game stoned, you need not worry, because cannabis is a hell of a performance inhibitor.
Our intramural softball team in college was called Bozeman Toast because we all burnt bud before gametime. There might have been one or two sober softballers out there, but they weren’t any good sober, either. The rest of us were toasted, eyes bloodshot and feet barely under us. I don’t think we ever won a game. We allowed 15 runs in the first inning of a game once just kicking the ball around the infield and misplaying fly balls in the outfield. Once our collective buzz wore off, though, we got back in the game and lost by one. But an at-bat in slow-pitch, intramural, co-ed softball isn’t as scary as an at-bat in professional baseball. I imagine a 95-mile-per-hour fastball or 12-to-6 curveball would be the ultimate buzzkill. Your brain and body just aren’t prepared for that while stoned.
And that’s not even the worst cannabis-sports story of the week, either. High school football player CJ Harris dreamed of playing for the Auburn Tigers, but his recurring seizures threatened that dream until his cannabis medication stopped those seizures. Now that medication will keep him from pursuing his dream, because per NCAA rules, athletes are not permitted to have any tetrahydrocannabinol, or THC, the psychoactive substance in cannabis, in their systems. The cannabis oil Harris takes for his seizures contains less than 0.3 percent THC, according to the label, which means it doesn’t get you high. This is something the NCAA can easily fix by changing the language to allow for the use of non-psychoactive cannabis medications. Whether they will is unlikely.
National Football League Commissioner Roger Goodell weighed in on the Supreme Court’s recent decision that the Professional and Amateur Sports Protection Act of 1992 is unconstitutional, opening the door for states to legalize sports betting.
U.S. Senator Orrin Hatch, a Republican from Utah, has been speaking the the NFL and is planning to introduce federal sports betting legislation. Goodell wants Congress to create uniform betting standards that, at minimum, include:
Unlike Major League Baseball, the National Basketball Association, and the Professional Golfers’ Association, the NFL has not expressed an interest in receiving a direct cut of legalized sports betting action. Instead, sources say the league is more focused on monetizing data and video rights, and for good reason.
While MLB, the NBA, and PGA Tour are lobbying for what was one percent of all money wagered on their games and have since lowered their demands to .25 percent of all wagers, the NFL is laughing at .25 percent because it amounts to Roger Goodell’s pocket change.
$1.7 billion was bet on both college and professional football at Nevada sportsbooks last year. Half of that is $850 million, and .25 percent of that is $2.125 million. The NFL doesn’t get into bed with anyone for a couple million dollars. But there’s billions of dollars to be made selling analytical information to gamblers gambling on games that are decided by fewer and fewer points each year.
According to research by Eldorado, the 2015 NFL season had the lowest median margin of victory in history. Games nowadays are more than twice as likely to be decided by three points than games played from 1922 to 1973. Over at marasoft.com, you’ll find that almost 24 percent of all NFL games played in the last 20 years were decided by three or fewer points, and roughly half of all NFL games are won by underdogs. So the sport can be a nightmare for even the savviest of sports bettors, and gamblers will take any bit of information they can get to gain an edge.
So many elements go into determining the outcome of a football game that having a means of producing and distributing gambling-related information is way more valuable than a quarter of one percent of all money wagered on games. So while MLB, the NBA, and PGA Tour are negotiating over what amounts to Roger Goodell’s pocket change, the NFL is looking to exploit the vast amount of data its sport produces by owning the method or math it chooses to turn that data into information it can sell to clueless gamblers as a subscription service.
This was a big deal when it came to determining the legality of fantasy sports betting. Fantasy sports gamblers who win most often aren’t simply luckier than the losers. They employ an algorithm that considers all the things they feel affect the outcome of sporting events. The NFL, I think, aims to own the algorithms and sell the answers those algorithms provide.
After being arrested with 126 grams of cannabis and $92,000 in cash two months ago, former Boston Celtics forward and NBA champion Glen “Big Baby” Davis was again arrested last Friday for felony assault with intent to cause great bodily injury. According to TMZ, after almost hitting a man with his car, Davis allegedly slammed the man on to concrete when confronted.
Milwaukee Bucks' rookie Sterling Brown was stun gunned by police back in January. Milwaukee Mayor Tom Barrett was worried about the video’s release this week and potential public backlash that could result because Brown was not combative prior to being tased.
An officer who was doing a business check at a Walgreens stopped to question Brown about a parking violation at about 2 a.m. on Jan. 26. Brown gave his name and showed an identification card. The officer called for assistance, and half a dozen squad cars responded...for a parking violation. Eight officers ended up on the scene...for a parking violation; three were disciplined, with the first on the scene reportedly being suspended for a full two days. Two supervisors who later arrived, escalating the situation, were suspended for 10 and 15 days, and several other officers were reprimanded.
Brown's arrest did not result in criminal charges, and he played in a game later that day with bruises on his face. Brown intends to file a civil rights lawsuit against the Police Department, which is something that most Milwaukeeans involved in similar situations couldn’t afford to do. I guess it’s a good thing those Milwaukee cops don’t watch Bucks basketball, because had this happened to anyone else, we probably wouldn’t have heard about it.
The saddest thing about this is that there are so many unjustified shootings by police of black men and women that I’m just glad this officer reached for a stun gun instead of a real gun, and the thought that “at least they didn’t kill him” has even crept into my mind is troubling to me. Wyatt Cenac has been doing some great work investigating police brutality for his show Problem Areas on HBO. One episode looked at the importance of providing police with and reinforcing the use of non-fatal means of ending confrontations. But you also have to combat the training to which police officers are subjected that instills a sense of them being at war rather than at one with their communities. To remedy this, a good place to start would be requiring police officers in training to communicate with non-police minorities prior to earning the privilege of carrying a badge and a firearm.
With all the bad news out of the way, let’s for a minute consider how lucky we are to be alive for this era in sports, because we’re seeing things that haven’t been seen in generations. The Vegas Golden Knights are playing for a championship in their inaugural season for the first time since 1950, when the Cleveland Browns won the NFL Championship in their inaugural season. And that’s not even the most historic story in sports, because Los Angeles Angel Shohei Ohtani is serving as both a formidable starting pitcher and hitter for the first time since Babe Ruth did it roughly a hundred years ago.
I know you and our listeners want to hear some Ruthian stats, so here they are, in a segment we call “Historically Foul Play,” because these numbers are so unbelievable their most reasonable explanation is foul play.
So not only is Ohtani doing something unseen for 100 years, he’s arguably doing it better than Ruth did. While he’s never going to pitch almost 25 percent of his team’s total innings on the season like Ruth, he is going to get more than 20 starts and is on pace to get a similar number of plate appearances as Ruth did at the same age. If he stays healthy, the Babe Ruth of Japanese baseball might end up the new Babe Ruth of Major League Baseball.
Let’s keep the statistical analysis going and find a player whose stats indicate foul play in a segment we call ‘Statistically Significant Foul Player.’
Foul Play-by-Play, its hosts, nor its partners practice nor condone the accusatory promulgation of foul play by athletes for the sake of the hot take. Cheats are innocent until proven guilty. That said, in this case of the statistically significant foul player, I’d like to admit into evidence the following significant statistics indicating foul play.
Chicago Cubs first baseman Anthony Rizzo is third amongst active players in hit by pitches with 106 over his seven plus seasons. He’s led the league in hit by pitches twice, taking 30 for the team in 2015 and wearing 24 last year. There’s a 2.6-percent chance a Rizzo plate appearance ends with him on first base with a bruise.
Rizzo is just one reason why umpires should enforce the rule that players have to make an attempt to avoid a pitched ball. I mean, a lot of those free bases should probably be called balls and the at-bat continued. I’m not calling the defendant a cheat. I’m just sayin’ the statistics are significant indicators of foul play. I trust the jurors will make the right decision and find the defendant guilty of foul play given the evidence. I rest my case.
Bronze medalist: Infamous NFL bully and Pro Bowler Richie Incognito allegedly threw a tennis ball and a dumbbell at someone at a Florida gym on Wednesday and was placed on an involuntary psychiatric hold by police, according to TMZ Sports. The alleged victim claims Incognito was rambling about the government and screaming at him to “get off” his “bleeping playground.” That’s just rich coming from a man who lost a job for bullying a teammate. He makes this list because he was also named the second dirtiest player in the NFL by The Sporting News in 2012.
Silver medalist: Admitted steroid user and former Mets and Phillies star Lenny Dykstra was arrested early Wednesday in New Jersey while possessing cocaine and ecstasy. The arrest was the result of an Uber ride gone bad. The Uber driver told police he picked up Dykstra and when he refused to change the destination Dykstra initially requested, Dykstra allegedly brandished a firearm, pointed it at the Uber driver’s head and threatened to kill him. The Uber driver said he sped into a parking lot next to the Linden police station, honked the horn and fled the vehicle. Dykstra, 55, was charged with making terroristic threats and a number of drug offenses.
Gold medalist: Chicago White Sox catcher Welington Castillo has been suspended 80 games for testing positive for erythropoietin, a performance-enhancing drug that stimulates the bone marrow to produce more red blood cells. The resulting rise in red cells increases the oxygen-carrying capacity of the blood, in turn, increasing the endurance of the user.
Without including a single player or union rep, the NFL has finally decided on a formal policy in regards to player protests during the National Anthem. NFL owners have decreed that players must stand during the anthem to show “respect;” however, there is an option for players to remain in the locker room.
Also, each team will be able to decide if there should be any discipline for a player protesting on the field during the anthem. Finally, the NFL will be able to fine a team (not a player) if any of the team’s said players protest on the sideline.
So, if a player decides to protest he can do so in the locker room where no one is watching. But if the player decides to come onto the field during the anthem and protests - the NFL fines the team and the team decides if there is any punishment for the player.
I have mixed feelings about the policy. On one hand, the NFL is a company and the players are employees within. And, in a regular business setting the company has the right to determine specific policies that employees must adhere to - dress code, workplace conduct, tardiness policies, etc, etc. Let’s face it, if your boss tells you that you have to wear a tie - and you decide to never wear ties - don’t be surprised when you’re fired. Because, a company should have some rights in deciding how their employees represent the company.
On the other hand, the NFL protesters are, by and large - black folks. And NFL owners are, by and large - white dudes. Which means we now have yet another policy where white dudes tell black folks what is appropriate for them to do and not to do. Which, is kind of tiresome. (Also, racist and gross.) And I'm not even getting into the inherent idea that, a person in a truly free society doesn't need to "respect the flag." Someone with the right of free speech is allowed, legally, to not stand and be forced to "respect the flag." It is literally their constitutional right to chose to stand or not, or to sing the anthem or not, and / or to show "respect" for the flag / anthem - or not. I am using a common sense attachment to the word "respect" but, yes, we could also quibble about "what does respect mean, anyway?"
On the other hand, again, as employees of the NFL, the company might be within their rights to say, "As employees of our company - you must stand and sing the national anthem." On the other hand it's not like the NFL has any competition. So, let's say a player says, "Well, free speech is in the constitution and therefor legal, and if your company policy takes away that right from me - then I quit and I'll take my talents elsewhere!" It's not like they can work at some other professional American football league. Their options are kind of limited.
I've already seen the Facebook rage begin. Even on my feed I have friends railing against the ruling and calling for an NFL boycott. I mean, first there was the ludicrous idea that the NFL was going to impose a 15 yard penalty on any team kneeling for the anthem. Which produced some online rage. Thankfully, it looks like that idea was shot down. But still - the very idea of it is insulting to reasonable thought. And now the idea that players can be fined - for exercising their constitutional rights - is burning some folk's britches. And I totally understand.
On the other hand - players are employees of a company who should have some say in how their employees represent them. Maybe. Right? Or is the policy too far? I honestly don't know. Some folks on Facebook clearly think they have the answer. Maybe they're right!
Or maybe they're overreacting.
Anyway, I hate to be wishy washy on the policy but I have mixed feelings about it. To be clear - I don't have mixed feelings about the obvious racial component. The new NFL policy is absolutely designed to make white Americans feel more comfortable watching the NFL. I mean, let's face it - if there is one thing that scares the F out of many white people, it's black folks exercising their constitutional rights and pushing for social change.
I mean, peacefully protesting by kneeling quietly during the national anthem seems pretty benign, right? This probably shouldn't even be a national issue. But it is. Such is the 'Murica we currently find ourselves in.
To be honest, I prefer the NFL's previous policy of - players are free to exercise their free speech. Or not. It's up to them. And I hate the racial component of this policy but I keep getting stuck on - but the NFL is a company and the company should be allowed some say in how their employees represent - the company. But the rage is building and I honestly don't expect the NFL to keep this policy.
I guess we'll see what happens now.
The NFL Players Association (NFLPA) had this to say about the new policy:
The NFL’s full policy statement:
The 32 member clubs of the National Football League have reaffirmed their strong commitment to work alongside our players to strengthen our communities and advance social justice. The unique platform that we have created is unprecedented in its scope, and will provide extraordinary resources in support of programs to promote positive social change in our communities.
The membership also strongly believes that:
1. All team and league personnel on the field shall stand and show respect for the flag and the Anthem.
2. The Game Operations Manual will be revised to remove the requirement that all players be on the field for the Anthem.
3. Personnel who choose not to stand for the Anthem may stay in the locker room or in a similar location off the field until after the Anthem has been performed.
4. A club will be fined by the League if its personnel are on the field and do not stand and show respect for the flag and the Anthem.
5. Each club may develop its own work rules, consistent with the above principles, regarding its personnel who do not stand and show respect for the flag and the Anthem.
6. The Commissioner will impose appropriate discipline on league personnel who do not stand and show respect for the flag and the Anthem.
Each week at Foul Play-by-Play (follow the link to listen to the audio) we will review the week’s cheats, cheap shots and alleged criminals in sports for a sports talk radio show, eventually airing online and on GCNLive radio affiliates. Here are your top law-related sports headlines and cheats of the week for May 11-17, 2018.
The Supreme Court struck down the federal law prohibiting state-sponsored sports betting after almost a six-year legal battle. States can now decide whether to allow or disallow sports gambling, with 20 states having already proposed bills to legalize sports gambling.
New Jersey expects to have its sportsbooks up and running before the start of the NBA Finals, but tribal casinos could theoretically open sportsbooks immediately because they are their own sovereign nations. The 1993 Nation-State Gaming Compact authorizes the Oneida nation of New York to adopt any gaming specification that is permitted without any further approvals by the State. They intend to open a sportsbook as soon as possible.
Tribal casinos in rural America have the most to gain from the Supreme Court’s decision, because sports gambling could actually cut into the profits of urban, tribal casinos by moving money from most profitable gaming machines to less profitable sportsbooks. Setting up a sportsbook is also expensive, especially an online sportsbook, which gamblers will demand. The cautious approach of urban, tribal casinos to open sportsbooks could allow rural, tribal casinos to be first to market in the American online sportsbook industry. But your state, Montana, has long been against sports gambling. It’s one of nine states prohibiting residents from betting on fantasy sports.
While the consensus of casino experts seems to be that the estimated $140 billion per year illegally wagered on sports in the U.S. according to the American Gaming Association (AGA) is overestimated, there’s tons of money to be made by a score of entities outside the gaming industry. NBA Commissioner Adam Silver wants his league to get one percent of all bets made on its games. Local newspapers and radio entities in states with legal sports gambling will now be able to provide content related to sports gambling instead of dancing around the subject. Most importantly, though, most of the billions of dollars Americans have stashed with online bookkeepers overseas will find its way back to the states and stimulate the American economy. I say most because these online bookkeepers overseas have been fraudulent in the past.
Newly hired coach of the Detroit Lions, Matt Patricia, was forced to once again express his innocence when Robert Snell of The Detroit News published a story about sexual assault allegations brought against him that resulted in an indictment but no trial for Patricia 22 years ago. Patricia’s accuser declined to testify citing “stress” as a reason, but Patricia and his attorney vehemently denied the abuse ever occurring.
As a former journalist, I’ll just say that Robert Snell of The Detroit News isn’t starting his work relationship with Patricia and the Detroit Lions on the right foot. I had the difficulty of covering a similar story involving a high school golf coach with an alleged history of sexual harassment of female golfers. But when that teacher/coach was first hired by the district, no story was written about his alleged past because no charges were brought against him and his former district sealed all details of the allegations from the public as part of the terms of his termination.
No charges were brought against the coach the second time, either, but despite that, my employer wanted me to write a story based solely on unsubstantiated allegations that could further undermine that teacher/coach’s career. It ultimately resulted in me submitting my resignation, and I feel I was correct in doing so.
Patricia’s case is entirely different because he was charged and indicted, and while I think Snell might have risked his employer’s work relationship with Patricia and the Detroit Lions, somebody should have and would have brought attention to this 22-year-old story.
Also in the news, Colin Kaepernick and Eric Reid, a couple of capable football players who can’t find jobs because of the expression of their personal views, are working out together with hopes of landing on an NFL roster.
Both players have waged grievances against the league for colluding against them to keep them from making a living in their chosen profession. Reid was asked about his anthem protest plans by the Bengals, according to Mike Florio of Pro Football Talk, and Kaepernick was similarly asked about his plans for the anthem by the Seahawks, who postponed a scheduled workout with the Super Bowl quarterback because Kaepernick reportedly had no plan in place, according to NFL Network’s Ian Rapaport.
But these players aren’t breaking any rules. The NFL owners and players’ association could have collectively bargained for players to be required to stand of the national anthem had they foreseen it as an issue. The NBA did, but the NFL didn’t.
I think my biggest problem with all the haters of these anthem protesters is their attempt at justifying their hate. For once I’d just like to run into someone who says, “You know, I just really like the national anthem as a song, and the protests don’t allow me to enjoy it as much.” I think that’s the only justification for disliking the anthem protests. The whole “honor the military and stand for the flag” argument just doesn’t compute with me because I’ve never seen the flag or the anthem as representative of our military specifically. To me, it’s representative of this nation and the rights of those of us who reside here, especially the right to free speech, which I feel is the First Amendment of the Constitution because it’s most important. Kaepernick even altered his protest, going from sitting to kneeling, acknowledging and accepting the opinion of ex-Green Beret Nate Boyer.
My least favorite justification for hating the anthem protesters is the ‘if I did that at my job I’d be fired’ defense. My old man made that argument just a few days ago, and I wanted to tell him he shouldn’t be mad at Kaepernick for using his workplace as a means to create awareness for a cause for which he’s passionate. He should be mad at himself for not obtaining a job that would allow him to also do so.
The railroad workday is not televised, and they don’t kickoff the railroad workday with what was, for the longest time, a paid advertisement by the United States military exploiting the national anthem to appeal to the patriotic sensibilities of the NFL’s mostly American audience. But imagine every American industry started the workday with the national anthem. Before an attorney tried a case the national anthem would be played in the courtroom. Before I could sit at my desk and read the news, the national anthem would be played over the intercom. Before my dad could fix a locomotive, the national anthem would be played throughout the roundhouse.
Now, assuming the same situation facing the NFL, where players are not contractually obligated to stand for the national anthem, employees of all industries could use the anthem as an opportunity to draw attention to themselves, and, in turn, a cause of their choosing. You might not have the media reporting on a railroad machinist’s decision to kneel for the anthem, but his fellow coworkers would probably ask why he didn’t stand for the anthem.
You might even have employers like NFL owners who dismiss employees for their anthem protests. They’d have good reason if morale or production is effected or damage is done to the employers’ brand. But, I ask you, is it not still illegal for an employer who has terminated an anthem protester to contact all the other employers in his industry and make sure they never hire that employee? It indeed is, and if that’s the case, wouldn’t that employee be due lost wages for the employers colluding to take away his or her right to work? He most certainly would. I don’t understand why so many people insist these guys should be banned from the sport and forced to find a new job. If you were fired from your job for expressing your political views and then colluded against by the employers of your chosen career, would you accept that you were terminated justly and humbly find work at a convenience store?
Honorable mention: Former Texas Rangers’ first baseman Rafael Palmeiro, at 53, got a hit in his second at-bat with the Independent League’s Cleburne Railroaders, his son, Patrick’s team. Patrick also had a hit and made a great play at third base, throwing over to his dad at first to complete it.
ESPN’s Tim Kurkjian said on The Dan LeBatard Show with Stu Gotz there’s no way Palmeiro makes it back to the majors because teams want nothing to do with him after lying under oath about using performance-enhancing drugs.
Bronze medalist: Seattle Mariners All-star second baseman Robinson Cano was suspended 80 games for use of the banned substance Furosemide, a diuretic commonly used to mask performance-enhancing drug use. Cano said in a statement that he was given the substance by licensed doctor in the Dominican Republic to treat a medical condition. Furosemide is used to treat fluid retention in people with congestive heart failure, liver disease, or kidney disorders, as well as high blood pressure, or hypertension. Under MLB's drug policy, a player is not automatically suspended for use of a diuretic unless MLB can prove he intended to use it as a masking agent. Cano reportedly tested positive for the drug prior to the season and appealed the potential suspension, but MLB was apparently able to prove his intent, resulting in Cano dropping his appeal. It will cost him $11,850,000.
Silver medalist: Minnesota Timberwolves assistant Rick Brunson resigned amid allegations of “improper interactions with several women while on the job,” according to The Athletic’s Jon Krawczynski. Brunson is still married despite admitting to an extramarital affair with a massage therapist in June 2014 that resulted in him being charged with attempted criminal sexual assault, criminal sexual abuse, aggravated battery and domestic battery. Brunson was acquitted of the charges.
Gold medalist: New Orleans running back Mark Ingram not only failed a drug test and was suspended four games for a drug “permissible with the proper use exemption from the NFL,” but will also sit out voluntary organized team activities entering a contract year. I probably don’t need to tell you, Mike, but Ingram had one of his best seasons last year, scoring 12 touchdowns and setting a career high in rushing yards.
In Ingram’s case, amphetamine was likely the drug “permissible with the proper use exemption,” a drug that has long been popular amongst athletes, especially baseball players. "'Greenies’" (Dexedrine) were a club house staple for decades beginning just after World War II, when ball players drafted into the military returned to the diamond having been exposed to the stimulant pills, which the armed forces dispensed by the millions. Another incubator of baseball speed-freakery was the winter Caribbean baseball circuit. There, players on seasonal hiatus discovered the two coffee pot system, where each club house had one pot with regular coffee and one with an amphetamine additive."
As of 2009 according to Michael S. Schmidt of The New York Times, “[t]he 106 players who received exemptions for attention deficit disorder represent about 8 percent of the major league players, based on 40-man rosters. The percentage of American adults who have been given a diagnosis of attention deficit disorder is somewhere between 1 and 3.5 percent, according to the National Institute of Mental Health, although some experts believe the actual number is much higher, citing a large number of undiagnosed cases.”
As someone diagnosed with Adult Attention-deficit/Hyperactivity Disorder (AADHD), I can tell you it’s very easy to obtain a prescription for amphetamines if you familiarize yourself with the symptoms prior to taking the tests medical professionals administer. I answered the questions as honestly as I could because I long suspected I suffered from ADHD. As early as first grade I would do something, anything, to break the boredom of being seated at my desk in the classroom. It got to the point my teacher had a sticky note attached to my desk with each day of the week, and she would mark the days that I behaved with a smiley face and the days I didn’t with a frowny face, delivering reports to my mother. When I was introduced to pens I clicked them incessantly. Even after being asked to stop, I would revert back to the habit in times of boredom. My teacher’s eventually inherited enough of my pens to never have to visit the school’s materials closet.
Amphetamines streamline your focus, and I imagine it slows down the spin and speed of a MLB fastball ever so slightly. For a running back like Ingram who relies on his vision to find holes in the defense, I’m sure it slows down that part of the game for him to react quicker. He won’t be doing any reacting for the first four games of the Saints’ season, though, and likely won’t be back with the Saints after this year given his free agent status and the abilities of their second-year back Alvin Kamara.
The United States Supreme Court ruled to strike down the Professional and Amateur Sports Protection Act (PASPA) by a 6-3 vote. The 1992 law barred state-authorized sports gambling, with Nevada being the sole exception.
The ruling allows states to determine whether they want to allow gambling on sports. While New Jersey expects to have sportsbooks open prior to the start of the NBA Finals, Delaware, Mississippi, New York, Pennsylvania and West Virginia are all prepared to get into legal bookmaking. But Indian nations could beat even those states to market.
Casinos on Indian reservations could theoretically open sportsbooks today because they are sovereign nations. The 1993 Nation-State Gaming Compact authorizes the Oneida nation in New York to adopt any gaming specification that is permitted without any further approvals by the State. They intend to open a sportsbook as soon as possible, but other tribal nations are taking a cautious approach.
The reason behind the cautiousness is the fact sports wagering isn’t all that profitable for casinos. According veteran Nevada sportsbook operator Art Manteris, sportsbetting “generates only a four- to six-percent margin, is labor-intensive and requires a major capital investment,” according to a story by Dave Palermo of Legal Sports Report.
Consider this: “From March 2015 to February 2016 a Nevada Gaming Control Board Gaming Revenue Report shows that the “total gaming win” (the casino’s win) over twelve months from slots was $7,066,306,000 (about 7 billion) total. Meanwhile, the total table games win was $4,094,401,000 (about 4 billion). The implication of this is that, even with sports gaming’s comparatively small return of $19,236,000 (about 19.2 million) considered, no casino game even comes close to slots in terms of revenue for the casino.” That’s according to Fact/Myth.
Palermo reports that “16 percent of the tribal casinos – many in urban areas – generate 71.5 percent of the $31.2 billion industry, according to senior economist Alan Meister of Nathan Associates.” These urban, tribal casinos might not have much reason to venture into sports betting since any dollar spent at the sportsbook instead of in a gaming machine is more likely to result in a loss and will certainly result in smaller margins of return.
But rural, tribal casinos could see sports betting as an opportunity. Places like 4 Bears Casino and Lodge in New Town, N.D. could supplement its revenue used to fund the needs of reservation residents by providing the first online sportsbook for North Dakotans.
While the consensus of casino experts seems to be that the estimated $140 billion per year illegally wagered on sports in the U.S. according to the American Gaming Association (AGA) is overestimated, there’s tons of money to be made by a score of entities outside the gaming industry.
NBA Commissioner Adam Silver wants his league to get one percent of all bets made on its games. Local newspapers and radio entities in states with legal sports gambling will now be able to provide content related to sports gambling instead of dancing around the subject. Most importantly, though, most of the billions of dollars Americans have stashed with online bookkeepers overseas will find its way back to the states and stimulate the American economy. I say most because these online bookkeepers overseas have been fraudulent in the past.
The Supreme Court decision is long overdue given the amount of revenue that could be raised by state and federal governments simply from administering a sin tax on gambling. Twenty states have already proposed bills to legalize sports gambling.
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Before the National Basketball Association (NBA) season began, almost anyone with any awareness of the NBA’s existence felt they knew which teams would be playing in each of the Conference Finals. Kyrie Irving and the Boston Celtics would meet LeBron James and the Cleveland Cavaliers in the Eastern Conference Finals, and Stephen Curry and Kevin Durant of the Golden State Warriors would play the Houston Rockets’ James Harden and Chris Paul in the Western Conference Finals.
That’s exactly how it turned out, minus Irving, who barring injury, would be suiting up against his former teammate in a Conference Final I’d actually watch. Now, I’ll wait to see if Houston can force a Game 7 against Golden State before tuning into the NBA Conference Finals, and it took me betting on Houston to win it all to even have an interest in that series. Basketball’s predictability is the very reason I prefer the Stanley Cup Playoffs.
Giant men wearing armor and wielding weapons in their hands and on their feet skate at immense speeds on an ever-changing playing surface chucking a rubber saucer at speeds even faster than their feet can carry them or baseballs are thrown while their opponents do all they can to get in front of that unpredictable projectile. Hockey is a most unpredictable sport, and that’s what holds my interest. The fact it hardly has any stoppages for commercial breaks, provides coaches with just one timeout, and requires live substitutions are all just big bonuses for the sport with the best postseason -- a postseason that can still be improved.
The NBA is also looking to improve its postseason, thankfully. Commissioner Adam Silver floated the idea of eliminating the conferences for the postseason and simply seeding the top 16 teams based on record. This would result in less chance of a lopsided NBA Finals series. For instance, the series most of us believe to be the actual championship series between Houston and Golden State would actually be played for the championship. Houston and Golden State would be the first- and second-ranked NBA playoff teams, respectively, and would only meet in the NBA Finals under the proposed postseason alteration.
While travel concerns and the fact that the seeding of Eastern Conference teams would be skewed based on them playing half as many games against the more dominant, deeper Western Conference might thwart the NBA’s efforts to improve the postseason. But they shouldn’t. As long as there are no back-to-back games scheduled in the NBA Playoffs, travel shouldn’t be a concern. And the seeding of teams from different conferences could be based on their play against similar opponents. For instance, if an Eastern Conference team finished the regular season with a better record than a Western Conference team but lost both games to that Western Conference team, the Eastern Conference team could be seeded behind the Western Conference team based on its performance in head-to-head matchups.
The dominance and depth of the NBA’s Western Conference is forcing Silver to find a way to remedy the lack of intrigue in his sport’s predictable playoffs. A lack of competitiveness results in a loss of fans, which is exactly what has happened with elections due to partisan gerrymandering. Because elections have become so uncompetitive, fewer people vote, thinking their vote doesn’t matter, which, of course, is the intent of partisan gerrymandering.
The same is true of American capitalism. “Free” markets work for the consumer when there’s competition. But businesses want markets working for them. It’s why six companies own the majority of media in America or the means to deliver media messages. Hollywood called this “vertical integration” until the Supreme Court eventually forced movie studios to divest their interest in theaters.
But it’s happening again, and on a much more massive scale. Not only do media moguls own the media produced but the means of distribution. Comcast owns the “movies” it makes and the “theaters” that distribute them. The theaters are the cable, internet and mobile data arms of Comcast, so not only are they pulling revenue from ad sales of their shows, but they’re making two trips to the bank on just about every customer by being either one of two or the sole provider of cable, internet or wireless data in that customer’s area.
The increasingly deregulated capitalistic markets reward monopolistic businesses at the expense of the consumer. Mergers are great for big business, but they aren’t good for consumers. Sprint merging with T-Mobile would result in one less competitor in the mobile data and mobile phone markets, and with each fallen competitor the price for those services increases.
If you live in rural America you’re probably familiar with the price gouging that occurs because of a lack of competition, especially in the cable, satellite, internet service and mobile data industries. Verizon actually kicked Eastern Montana customers off their data plans because they used too much data. Many of those customers don’t have access to internet otherwise, so Verizon knows they’ll have to come back, and will pay more to do so.
So I don’t watch the NBA Playoffs for the same reason I despise American capitalism: a lack of competitiveness that results from monopolistic mergers, like Durant going to Golden State. Maybe when my Timberwolves actually win a playoff series I’ll give the NBA Playoffs my divided attention. But even with my Minnesota Wild eliminated from the Stanley Cup Playoffs, I have and will continue to watch the NHL postseason, because there’s no telling what could happen.
The National Hockey League (NHL) owners have decided not to send the best hockey players in the world to South Korea for the 2018 Olympics because they’re “unhappy with the league shutting down for weeks to take part in the Olympic tournament every four years,” according to ESPN senior writer Scott Burnside. The owners were seeking more money to justify stopping the season and sending the best hockey players in the world to the Olympics.
The decision makes the 2018 Olympic hockey tournament an amateur tournament, which will still be well-viewed but won’t come close to the potential ratings that would have resulted if the best hockey players in the world actually participated. Do you remember watching the Olympic basketball tournament before the Dream Team? Could you imagine going back to playing the Olympic basketball tournament with amateurs? That is what the NHL owners have done.
New York Rangers goalie Henrik Lundqvist said it was “disappointing news” on Twitter, and the NHL Players’ Association called the decision “shortsighted.” It certainly doesn’t allow for growth of the NHL’s fanbase, as the Olympics would have put NHL players on a bigger stage in front of a larger audience.
NHL owners have repeatedly failed fans, with a lockout occurring in 2012 that made me lose interest in the league just as I was growing to love hockey. I didn’t watch a single regular season game that year after falling in love with the Stanley Cup Playoffs the previous season. I did watch the playoffs, though, because, well, playoffs.
The NHL players were entitled to 57 percent of the league’s revenue prior to the collective bargaining agreement reached to end the 2012 lockout. Now they receive just 50 percent of all revenue, which was called a “grand-slam home run” for the owners by one player agent. The owners have again cut into the players’ marketability and potential earning power through global endorsement deals. More importantly, NHL fans don’t get to see the USA and Canada do proper battle on ice. Instead the American and Canadian kids will take the Olympic torch, which isn’t all bad. But the 2018 Olympic gold medals for hockey won’t go to the best team in the world.
While I feel the NHL owners have failed their fans with this decision and are missing an opportunity to grow the game of hockey, I’m not going to stop watching NHL games, but I probably won’t watch the Olympic hockey tournament now. Will you?
Editor's Note: An update follows.
While NHL players like Alex Ovechkin and Evgeny Kuznetsov are determined to participate in the 2018 Olympics in South Korea, their NHL team's owner might suffer big consequences for allowing them to do so. Washington Capitals owner Ted Leonsis could be subject to a fine and loss of draft picks if he allows players to compete in the Olympics, according to the NHL constitution. Basically, whatever NHL commissioner Gary Bettman says goes, and instead of the owners getting a little dough for stalling the season for the greatest sporting event in the world, they'll be spending dough to accommodate their players' wishes.
Despite being the Minnesota Twins best hitter, and one of the best in all of baseball during Spring Training, ByungHo Park will not be on the field with the Twins at Target Field on Opening Day. Park, who hit .353 with six home runs and 13 RBI in Spring Training, was optioned to AAA Rochester.
Park didn’t do himself any favors in his first season in America. After dominating the hitter-friendly Korean Baseball Organization, Park hit just .191 with 12 home runs and struck out 80 times in 244 plate appearances (a .275 on-base percentage) last season. But Park sustained a wrist injury on May 13, 2016, that clearly affected him at the plate. He was hitting .245/.324/.582 before the injury and over the next 33 games posted a slash line of .145/.233/.265.
In the offseason Park was placed on waivers by the Twins, which allowed the team to put reliever Matt Belisle on the 40-man roster. Belisle had an uncharacteristically good 2016. His career WHIP (walks and hits per inning pitched) is 1.357, and it was 1.087 last year. The last and only time his WHIP was that low was seven years ago. Belisle’s 2016 FIP (fielding independent pitching) was nearly a run lower than his career FIP.
So now that Park is not on the 40-man roster, the Twins had a convenient way of demoting him despite winning the designated hitter gig over the injured Kennys Vargas. Switch-hitting outfielder Robbie Grossman will be the Opening Day DH because Twins president of baseball operations Derek Falvey basically said the team can’t trust its pitching staff. Rookie Adalberto Mejia is the Twins fifth starter, and both Phil Hughes and Hector Santiago might not be ready for long starts, as Santiago’s spring program was affected by competing in the World Baseball Classic. Hughes is recovering from thoracic outlet surgery.
Twins manager Paul Molitor said Park did everything he was expected during the spring, and even gave him a few extra words of encouragement on his way out the door. Imagine your boss is looking to promote either you or a fellow employee, and while you outperform your fellow employee in a different area of expertise, your boss awards the promotion to your fellow employee -- patting you on the back and saying, “You exceeded our expectations, but we’re going in a different direction because the rest of our staff sucks.”
Granted, Park’s stay at AAA shouldn’t be a long one, but he’ll have to be added to the 40-man roster, which means someone will have to be removed from the 40-man roster. Given Buddy Boshers terrible spring and age (29 in May), he could be a waiver candidate that allows Park onto the 40-man roster.
Despite a 3-2 overtime loss to the Detroit Red Wings, the Minnesota Wild clinched its fifth consecutive playoff appearance on Sunday thanks to a loss by the Los Angeles Kings. The Wild have been falling like a hockey player in figure skates, losing nine of their last 11 games and allowing the Blackhawks to run away with the top seed in the Western Conference.
Minnesota has been a wildly different team since the acquisitions of giant center Martin Hanzal and right-handed forward Ryan White from Arizona. Wild general manager Chuck Fletcher added Hanzal and White to get physical with the likes of Jonathan Toews, Ryan Getzlaf, Sidney Crosby and Evgeni Malkin in the playoffs, but a scoring slump has the Wild reeling. Since the trade the Wild have managed to win just five of 17 games.
While Hanzal has scored twice in his last 14 games, and White has put up a goose egg in the last 12, they aren’t the only ones struggling. In fact, it’s hard to find someone who isn’t. Chris Stewart has just two goals in his last 27 games. Charlie Coyle has four goals in his last 38 games. Erik Haula has just one goal in 19 games, Jared Spurgeon has scored twice in 23 games, and Jason Pominville also has just two goals in 21 games.
It gets worse. Jonas Brodin hasn’t scored in 32 games. Miko Koivu has just two goals in 24 games. Nino Niederreiter has scored once in 21 games. Ryan Suter has one goal in his last 29 games. Zach Parise has two goals in his last 13 games.
The only player that seems to be contributing consistently wasn’t even on the roster last year. Fletcher’s big, free agent acquisition, Eric Staal, has carried the team with 10 goals in March and has improved his +/- from -3 last year to +11 this season. But with everyone missing the net, that weight has gotten too heavy for Staal to carry. When you need an unassisted goal from a guy who hasn’t scored since 2015, things aren’t going well.
With six regular season games remaining and a seven-point lead over the Predators in the Central Division, the Wild are likely to host Nashville in the opening round of the Stanley Cup Playoffs, which might be better than if they’d won the Central Division. The St. Louis Blues have been on a familiar hot streak, winning 10 of their last 12 games under former Wild head coach Mike Yeo.
Given the deadline deal for Hanzal and White, another first-round exit in the playoffs will surely seal Fletcher’s fate. And while Bruce Boudreau has been historically mediocre in the playoffs (41-39, 1-7 in game sevens), his job should be secure. After all, it’s not his fault he’s had to rebuild a team that was never broken. He wasn’t even in the room when the trade was made.
The Minnesota Twins announced today details for their newly released mobile-based Student Pass program for the upcoming season, exclusively available using MLB.com's Ballpark app.
The Twins Student Pass will allow students to receive $5 Ballpark Access (no seating) tickets for all Wednesday home games, with tickets delivered directly to their mobile device. In addition, students can receive a free ride pass from Metro Transit, available at twinsbaseball.com/student.
"We're pleased to offer students this great program, which is conveniently available through their mobile device," said Mike Clough, Twins senior vice president of ticket sales and service. "This is a great opportunity for students to enjoy Twins baseball in a fun and affordable way."
To sign up, students can visit twinsbaseball.com/student or text STUDENT to 51655. From there, they will receive a text message the day the offer becomes available. They will then click on the link to redeem the offer.
To receive the tickets, participants will need the MLB.com Ballpark app, which is available via the Apple App Store and on Google Play. In addition to their Student Day tickets, other purchased tickets, as well as the ticket barcode will be available through the app leaving no need to print tickets.
Twins Student Day is presented by Rasmussen College.
The MLB.com Ballpark app is your mobile companion when visiting Target Field. The official MLB ballpark application perfectly complements and personalizes your trip to Target Field with digital ticketing, mobile check-in, social media, offers, rewards and exclusive content. Target Field also offers seat and experience upgrade components. Check in automatically with iBeacon technology at Target Field for exclusive Twins offers and in-game features.
The Twin Cities welcome Derek Falvey, the new chief baseball officer for the Minnesota Twins. Tyler Kepner of the New York Times profiles Falvey’s quick rise from scouting prospects in the Cape Cod League to running Minnesota’s baseball operations at the age of 34. Falvey, a former college pitcher who never hit 90 miles per hour with his fastball, is tasked with turning around a Twins pitching staff that has historically pitched to contact and was second to last in ERA during the 2016 season.
Falvey’s first move to help pitchers Ervin Santana, Phil Hughes, Kyle Gibson and Hector Santiago was to sign pitch-framing catcher Jason Castro to a three-year, $24.5 million dollar deal. Castro would rather you call what he does “receiving,” though, as reported by Parker Hageman of Twins Daily. He told Hageman that pitch-framing isn’t stealing strikes by tricking the plate umpire, but giving the umpire a clear view of the pitch and getting strikes called on pitches that are in the strike zone.
Castro’s former club, the Astros, have been one of the best in baseball at getting strikes called on pitches thrown in the strike zone. Fangraphs’ Travis Sawchik recently ranked the Twins catching corps 22nd in the league for 2017. They were ranked 25th last year with old-schooler Kurt Suzuki behind the plate. According to Baseball Reference, Suzuki was 18 runs below league average defensively over 1,200 innings while Castro was five runs above league average last season. Both players were slightly below average with the bat last year, but Castro has averaged a home run every 33 plate appearances the last four years while Suzuki averaged 80 plate appearances between dingers over the same span.
The Twins are also hoping Kyle Gibson’s mechanics adjustment keeps him healthy and effective this season. Twins beat reporter Rhett Bollinger reports that back issues forced Gibson to make a change in his delivery after posting an ERA of 5.07 last year. Gibson continued to impress in Spring Training by pitching six scoreless innings Sunday against a potent Red Sox lineup to lower his spring ERA to 1.59.
The Twins are also logging its players’ baseball-related activities for the first time in an effort to monitor fatigue and avoid injury, Mike Berardino of the Pioneer Press reports. Manager Paul Molitor says the team is “just trying to be a little smarter,” but executive director of the MLB players’ union Tony Clark said collecting such data could be dangerous given its value and how it could be used.
The Twins kick off the season on Monday, April 3rd, at 3 p.m. against the Kansas City Royals at Target Field. They will try to avoid repeating their nine-game losing streak to open last season that resulted in the organization’s worst finish since moving to Minnesota in 1961. As of this writing, Opening Day tickets have not sold out and are available here.