Ontario court dismisses challenge over controversial Cleveland Indians mascot
Oct 21 2016 by Marjorie Miles
We're guessing tonight's Major League Baseball playoff game between the Toronto Blue Jays and Cleveland Indians will be played; it might already be over by the time you read this.
Three hours before Indians-Blue Jays Game 3 at Rogers Centre, Judge McEwen denied the request, meaning Cleveland does not have to replace its uniforms that say "Indians" across the chest and feature a caricature image of a Native American on the sleeves.
The hearing is ongoing at the moment. They suggested that forcing the Indians to wear spring training uniforms that at least one player (Andrew Miller) didn't even have, and forcing announcers to refrain from using the team name constituted a form of censorship. We'll update you if and when that changes, of course.
"We would welcome a thoughtful and inclusive dialogue to address these concerns outside the context of litigation", the league said in a statement.
Jason Kipnis and Mike Napoli homered for the Indians, who have a 3-0 lead in the AL Championship Series.
"Cardinal, we're disappointed that the court didn't grant the injunction", said Michael Swinwood, a lawyer for Cardinal who was not involved in the legal arguments but spoke for his client.
Cleveland's Indians are one win away from clinching a spot in the World Series.
Swinwood acknowledged the legal challenge is a high-profile opportunity to bring awareness to the racism aboriginal people face in North America.
"Someone like Mr. Cardinal ought to be able to watch the game, like every other person in Canada, without suffering from racial discrimination", his lawyer Monique Jilesen, told the court.
She is asking the court to issue an injunction which would result in the Cleveland team wearing jerseys which do not have the "offending" team logo and name.
Taking over in the first inning after Trevor Bauer's bloody exit, the relief corps held off the Toronto Blue Jays in a 4-2 victory October 17 that moved the Indians within one win of their first pennant since 1997.
He said the case was sprung on them late Friday night and noted that Cardinal wont even be watching the game because hes in China.
Markus Koehnen, lawyer for Major League Baseball, pointed to instances in which Cardinal had used the word "Indian" to describe himself in news articles.
"This is very, very unusual".
An attempt to block their use by an indigenous activist who claimed they are racist was dismissed by an Ontario Superior Court judge on Monday.
After two tight losses in Cleveland, Blue Jays fans could be forgiven for believing fate was on their side when Bauer failed to make it out of the first inning with blood streaming from his little finger down his pant leg forming a puddle on the mound.
But it's not just the USA that has issues with team names and logos like this - Jileson noted that the Edmonton Eskimos have come under fire for using a term for Inuit that many consider outdated and derogatory.
Indians spokesman Curtis Dansburg said the team is focused on the playoffs and will not comment any further on matters that distract from our pursuit on the field.. Thompson said Rogers would have to strip search Cleveland fans in that city and in Toronto for any Cleveland merchandise, to ensure the logo wasn't caught on camera.
Enter those stingy relievers, who pitched the Indians to a Division Series sweep over Boston and have them on the verge of another.