Did not age well
The Astros have asked the state 14th Court of Appeals to dismiss a consolidated lawsuit filed by three groups of disgruntled ticketholders, repeating many of the same arguments in favor of dismissal that they presented to a Harris County district court earlier this year.
Along with repeating their claim that the suit should be tossed because the ballclub is protected by the Texas Citizens Participation Act, attorneys say a courtroom is not the proper venue to chasten the Astros for the decision of players in 2017-18 to use electronic means to steal signals in violation of Major League Baseball’s rules.
“No court in the United States has ever allowed fans or other members of the public to sue for how a sport is played, and Texas should not be the first jurisdiction that allows such claims,” the Astros said in their 78-page brief filed with the court this week.
If such claims were allowed, the ballclub added, “The courtroom would become the solace for any sports fan who has felt the pang of disappointment in a team’s strategy choices. In these divided times, appellate courts throughout the nation have united on one point: claim for disappointment in how a team played the game on the field – be it a rule violation or a performance fiasco – are not justiciable.”
The cases wound up before the 14th Court when state District Judge Robert Schaffer denied the Astros’ motion for summary judgment in proposed class action suits filed by ticketholders Adam Wallach, Roger Contreras and Kenneth Young, who allege they were defrauded into buying tickets by the Astros’ public relations campaign urging fans to buy tickets.
The Astros claim the ballclub is protected under the Texas Citizens Participation Act, which allows a judge to dismiss a case in which one of the parties is exercising the right of free speech, right to petition or right of association regarding discussions about a public figure or entity.
Schaffer suggested that the case go to the 14th Court to decide procedural matters before returning to his court for a potential rehearing on the summary judgment dismissal sought by the Astros, and the Astros then filed their appeal.
See here for the background. A copy of the appellate motion is in the Chron story. I believe this case is the consolidation of all of the Harris County lawsuits; there is still the California lawsuit that the Astros either want dismissed or moved to Texas, but I’ve lost track of it at this point. I still don’t believe any of this will go anywhere, but it will at least keep us occupied for the foreseeable future.
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