No "Right of a Ticket-Holder to See an 'Honest' Game," Free of Astros Sign-Stealing

Astros ticket-holders sued for "fraud by nondisclosure, violations of the Deceptive Trade Practices Act, money had and received, and unjust enrichment/assumpsit," and the trial court allowed the lawsuit to go forward. But the Texas Court of Appeals (in an opinion signed by Justices Wise, Bourliot, and Wilson) disagreed; from In re Houston Astros, LLC:

The plaintiffs [Astros ticket-holders] claim that the Astros misrepresented how they played the game―that they played with integrity instead of cheating. In their consolidated petition, the plaintiffs expressed their disappointment and shame over the Astros' stealing opposing teams' signals.

Claims based on how a sports team plays the game are not cognizable. Therefore, plaintiffs have not alleged legally cognizable claims on which they may recover damages. Furthermore, the plaintiffs cannot maintain their claims because they were only granted a revocable license to enter Minute Maid Park to watch the games in the seats for which they had purchased tickets and do not allege that they were denied those rights.

Comments

[bernard11]

Fuck the Astros.

[Sebastian Cremmington]

If stealing signs is so bad then you simply give the pitcher and catcher and pitching coach headsets to communicate…which would most likely speed up the game which would also be very positive. So the NFL does that with QBs and the coach while college doesn’t…which is why in college the coaches have to factor in the fact that their opponents are trying to steal the calls and so they must employ analog encryption methods. So by not using technology to make sign stealing nearly impossible MLB is sending the message that sign stealing is part of the game.

[Sebastian Cremmington]

And NFL coaches still cover their mouths when speaking in to their headset because they know if they don’t then their opponents will employ a lip reader to steal calls.

[Harvey Mosley]

Stealing signs from the field is part of the game. Always has been. You can’t stop. Stealing signs from the stands and then transmitting the information by radio isn’t.

[Sebastian Cremmington]

So you believe that NFL coaches that cover their lips when they call plays think that someone on the sideline or in the coaches booth that is either a player or a coach can read lips??

[David Nieporent]

If stealing signs is so bad

Actually, stealing signs is allowed. It’s only stealing signs using electronic or mechanical means that’s against the rules.

[Sebastian Cremmington]

Could an opposing starting pitcher on an off night wear a fake mustache and sit in the stands and use binoculars and steal signs and relay via the bullpen the stolen signs?

[David Nieporent]

No; that would fall under “mechanical means.” (Moreover, there’s no way to timely communicate the signs to the batter without some electronic means to get the information from the stands (or bullpen) to the batter.)

[Sebastian Cremmington]

Apparently having the pitching coach call pitches makes the college game go very slowly…so it’s a little nuts that a college conference like the SEC hasn’t gone to headsets for the battery and pitching coach just in attempt to speed up the game. MLB could them see how it works but I could see MLB catchers resist because it infringes on their turf—god forbid catchers get paid to hit and throw and not frame pitches and call games.

[Leo Marvin]

The electronic device is what broke the a rules, but even without a device, stealing signs is considered a norms violation. In fact, even peaking at where the catcher is setting his target is frowned upon and may earn the batter some chin music.

[David Nieporent]

Not exactly. You’re right that a batter’s peaking back at the catcher is considered a faux pas that will earn him a brushback pitch, but a runner on second is not breaking any norms by trying to steal signs.

[Sebastian Cremmington]

Which means the Astros couldn’t steal signs when someone was on second base because the catcher would do things to conceal the signs…which the catcher could do any other time the opposing team was suspected of stealing signs. The Yankees could have also paid someone to look for people in the stands with equipment that made it possible to steal signs…the Yankees have a lot of money if you didn’t know.

[Leo Marvin]

“a runner on second is not breaking any norms by trying to steal signs”

Yes, you’re right about that.

[Leo Marvin]

It’s more idiosyncratic than my first comment made it seem.

[bevis the lumberjack]

I mean, the Red Sox and Yankees both got caught cheating that same year. Fuck then, too. Right?

[gormadoc]

Yeah.

[DaivdBehar]

Intelligence gathering is part of any conflict. If I were the opponent, I would tell the players. signal the opposite of the real intent, every other signal. We should be feeding the Chinese industrial secrets that will make their places blow up. Come on. why is this so hard? Why did any lawyer take this frivolous case?

[Doug Heffernan]

Agreed. But the rules should state expressly that all forms of sign interception are permitted. However, this might give an advantage to the home team.

And get rid of the balk rule too. The current rules allow the runner to attempt to deceive the pitcher, but not the other way around? Killing off the balk rule would speed up the game too.

Instead, they are proposing keeping the balk rule and limiting the number of throws the pitcher may make to hold the runner on.

[Sebastian Cremmington]

Did you know the most desirable catchers aren’t the ones that hit and throw the best…but ones that are best at deceiving the home plate umpire into calling strikes when the pitch is actually a ball?? That’s CHEATING!!

[Jmaie]

Haven’t seen a balk called all season, how much time do you think it’s going to save?

[buckleup]

Dude you haven’t watched much lately the pitchers are incredible at delaying the game.

[Doug Heffernan]

Honesty cannot be purchased or licensed.

[Aladdin's Carpet]

Sounds about right.

Like, I can’t sue over my favorite team playing bad. The same principle applies to a team cheating (though it might not if the cheating is particularly egregious or visible.) I dont think sign stealing rises to that, but whatever. It applies if it happens to rain that day (unless the game itself is canceled, in which case ????‍♂️
)
I dont understand baseball or the issue in the first place, so whatever.

[Jerry B.]

Talk about your First World problems.

[Dilan Esper]

They also sued because they were unable to use the trash can at the ballpark because players kept banging on it.

[David Nieporent]

It was a frivolous suit from the outset; there is (sadly) a ton of caselaw on point, and it all comes out the same way: you’re paying for admission to the ballpark (stadium/arena/etc.), you got it, case closed.

Suits have been filed over other cheating (the Patriots spygate scandal), bad calls (the Saints-Rams NFC Championship game a few years ago), malfeasance (Mike Tyson being disqualified for biting Holyfield’s ear), or just a crappy show (a Formula One race in which a significant number of the competitors were not allowed to race for safety reasons, leaving only six cars in the race).

Courts, understandably, do not want to be spending all their time adjudicating the outcome of sporting events.