Judge Dismisses Toronto Activist's Injunction to Prevent Use of "Indians" Nickname in ALCS

After a Canadian court denied an activist's injunction Monday night, the Cleveland Indians will be allowed to continue to use their nickname, along with their infamous Chief Wahoo logo, during MLB postseason games played this season in Toronto. A different ruling would have been championed by groups sensitive to the rights of indigenous peoples, but also would have meant chaotic short-term consequences for the Cleveland-Toronto ALCS set to resume tonight for Game 3 at Rogers Centre.

Canadian citizen Douglas Cardinal, an indigenous activist and an officer for the Order of Canada, filed an application with the Ontario Superior Court, the Human Rights Tribunal of Ontario, and the Canadian Human Rights Commission, saying that "Indians" and the Chief caricature are racist and discriminatory, and thus illegal. His injunction, against the Cleveland ballclub, Major League Baseball, and Rogers Communications, which broadcasts Blue Jays games via Sportsnet, sought to bar use of the nickname and logo at the ballpark, and on TV via any Canadian outlets. Rogers also owns the Blue Jays and the Rogers Centre.

Cardinal is described as a survivor of Canada's "residential school" system, a government and church administered boarding school for indigenous children, where horrific atrocities reportedly occurred, which was in use until 1996. So this argument also is personal to him.

Cardinal joined the United Church of Canada, along with the United Church of Christ, which reportedly have urged the team to change its name. The First Nations chief is on record saying the nickname and logo "should be gone." Across social media, those opposed to nicknames and logos depicting native caricatures have come together using the #notyourmascot hashtag.

Attorneys for MLB and Rogers argued in court that a ban on "Indians" and Chief Wahoo, at the last moment, was not workable. Defense attorneys also asserted the right of the Cleveland ballclub to give any nickname it desired, saying any government prohibition amounted to censorship. Further, they assert, the "Indians" name is not problematic.

Lawyer for MLB now citing examples of uses of the word "Indian" in other contexts - saying no problem there. #NotYourMascot #RallyTogether
— Peter Kim (@PeterKimGlobal) October 17, 2016

Attorneys for Cardinal argued that the Indians instead could use spring training or batting practice uniforms that don't say "Indians" or feature Chief Wahoo, and the team frequently wears a cap with a block "C" logo for games. Defense attorneys argued that not all of Cleveland's players had the proper jersey for such a last-moment change.

Aside from the non-offensive uniforms, were the injunction is granted, another solution could have been to have the team wear road gray "Cleveland" uniforms while covering up the Chief logo with a last-second stitching of fabric on the sleeve. Or the Chief patch could be ripped out.

MLB, trying to have it both ways, earlier gave a mealy-mouthed backing to "Indians," telling USA Today:

"Major League Baseball appreciates the concerns of those that find the name and logo of the Cleveland Indians to be offensive. We would welcome a thoughtful and inclusive dialogue to address these concerns outside the context of litigation. Given the demands for completing the League Championship Series in a timely manner, MLB will defend the Indians right to use their name that has been in existence for more than 100 years."

It is true that Cleveland's nickname has been around for 100 years, and that Chief Wahoo has been used for many seasons since 1932. It also is true that objections have been going on for years, and MLB has done nothing to remove the Chief—much less change team's nickname—in response to valid concerns. While it is hard to imagine the Cleveland "Indians" and Chief Wahoo ceasing to exist, the legal motions of Douglas Cardinal might lead to some kind of acknowledgement and action.