The New York Yankees led the American League Wild Card race by five games over Seattle as of the Major League Baseball All-Star Break. They could very well finish the season 10 games better than both the Mariners and the winner of the AL Central Division, and will still have to win a one-game playoff just to earn the right to play the best team in the American League, who will likely be from their own division.

I’m not one to make excuses for the Yankees. As a Minnesota Twins fan, I despise the Yankees more than most, and I’m a huge fan of the one-game playoff. But there’s nothing fair about a team’s postseason chances coming down to one game when that team has played a tougher schedule to a better record than all but one team in the league. It’s time for MLB to do away with divisions and go back to a division-less pennant race.

While Rob Manfred was repeatedly putting his foot in his mouth prior to the MLB All-Star Game, blaming the Los Angeles Angels and Mike Trout for not marketing Mike Trout, and calling for a discussion on ending defensive shifts, only the most interesting thing happening in baseball, he failed to address the most pressing issue facing the game. The one-game Wild Card could be played between the second- and fourth-ranked teams in the American League while the sixth-ranked team in the league gets a pass to the Divisional round simply for playing in a historically weak division. And that sixth-ranked team won’t even play the league’s best team.

Back in 1969, when East and West divisions were adopted by Major League Baseball, there were no Wild Card teams in the playoff format. And when just one team from both the American League and National League were awarded a postseason berth as a Wild Card for the first time in 1995 (the 1994 postseason was cancelled due to a player strike), there weren’t immediate issues.

But now that there are two Wild Card teams from each league reaching the postseason, either those teams need to play a three-game Wild Card series, or the league needs a good, old-fashioned pennant race. I’m for both.

I would recommend shortening the season to 154 games and adding a three-game Wild Card Playoff series to be played between the fourth- and fifth-ranked teams in each league, regardless of division standings. There is no need for a team to play the same four teams 19 times every year. I’d be fine with MLB divisions remaining simply for travel and rivalry reasons, but 17 games against division rivals is still probably too many. Commissioner Manfred should shorten the regular season to the original 154-game length while adding at least four and up to six lucrative playoff games to the schedule.

Since the All-Star Game no longer determines which league has home field advantage in the World Series, a good, old-fashioned pennant race is the most reasonable and fair way to determine who plays who in the playoffs. The top three seeds in each league would benefit from up to five days off entering the playoffs while the two Wild Card teams are decided, and each league’s top seed would play the fourth-best team instead of the second-best team that happened to lose its division despite winning more games than other division champions.

So before Manfred even considers changing rules to the game regarding defensive shifts and pace of play, he should make sure the league’s best teams are rewarded for being the league’s best teams. Even if the Yankees were to win the Wild Card Game, if the playoffs began today, they’d meet the Red Sox in the Divisional Series instead of the ALCS. And if 2004 taught us anything, it’s that baseball’s best rivalry should be decided in the ALCS. Most importantly though, the league’s best playoff team should play the league’s worst playoff team in the divisional round, and that’s not the case as the MLB postseason currently stands.

Published in Opinion

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.

Headlines Audio: Legal Sports Gambling and Domestic Violence

Cheats of the Week Audio: Rafael Palmeiro, Robinson Cano, and Mark Ingram

Headlines

The Supreme Court Allows States to Determine Legality of Sports Betting

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.

New Detroit Lions Head Coach Defends his Innocence 22 Years Later

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.

Colin Kaepernick and Eric Reid are Still Looking for Work

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?

Cheats of the Week

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.

Published in Sports