Thread by @innercitypress

OK - lawsuit against MLB All-Star Game being moved out of Atlanta due to Georgia voting law is being heard in @sdnylive court - Inner City Press has covered the case innercitypress.com/sdny77acaproni… and will live tweet, thread below

Judge Caproni asks how the plaintiff Job Creators Network is harmed by the All-Star Game being moved.
JCN makes diversion of resources argument.
Judge Caproni: But this is what you do - you take out billboards.
JCN: We have to focus on Atlanta, can't help others.

JCN: We have Constitutional claims. This is not Yankees versus Mets. This is the All-Star Game, in the MLB charter. All teams must send players to the All-Star Game. All teams contribute. We have case law that the NY Yankees are state actors. The "Lutke" case

Judge Caproni: That was about the Yankee Stadium lease. And the Rockies case in not on point either.... Have you ever heard the phrase, Sucking at the public tit?
JCN: Some of the ballparks, there's a statute making it part of the state, in Colorado for example.

JCN: Baseball has the antitrust exemption... this provide an emolument to the city. My argument is, you can conclude that baseball is a public entity.
Judge Caproni: Let's assume it is. What's the constitutional violation?

JCN: It's like they're saying, you're from Georgia? I don't like your voting rules. You can't come into my theater. You're from Colorado? I love your voting rules. Come on it. They can't do that.

Judge Caproni: They can fly to Colorado. And anyone that is dependent for their living on one game in the middle of the summer, that's a problem. What's the group?
JCN: Georgia citizens are being discriminated as compared to Colorado citizens.

Judge Caproni: Are you saying MLB couldn't say, We're not going to give an expansion team to a state with a law we don't agree with?
JCN: If they have a valid reason.
Judge Caproni: You're just quibbling... Are you contesting their good faith?
JCN: I am.

Judge Caproni: There was an invasion on the Capitol, based on a misunderstanding. They thought something had happened, that hadn't...
JCN: Atlanta is 51% African American.
Judge Caproni: You have not even alleged that JCN has any Black members.
JCN: You're right.

Judge Caproni: You think the law is good?
JCN: Yes.
Judge Caproni: And your members have a 1st Amendment right to that view?
JCN: Until they hurt someone.
Judge Caproni: You've gotten far afield from your members. You're worried about future elections in Georgia.

Judge Caproni: You agreed that if I reject your state action argument, they can do whatever they want?
JCN: It's the threat of harm. They punished them by moving the game.
Judge Caproni: Because they didn't like what the legislature did.
JCN: It's intimidation.

JCN: You can discriminate if you have a valid basis. They don't. It's about requiring an ID to vote, and no water when you're in line.
Judge Caproni: You seem to think everyone's a public actor.
JCN: The antitrust exemption makes them a public actor.

Judge Caproni: Let me hear from Baseball, and the union.
MLB's lawyer: Judge, you made all my points, including the First Amendment which was going to be my surprise issue. Happens all the time.

MLB's lawyer: It's not promissory estoppel because there was not promise made to him. Let me read you what the Commissioner said, about the values of our sport. We support voting rights. The only Constitutional issue here is if you enjoin us. That's all I got.

Union lawyer: We rarely agree with MLB but here we do.
Judge Caproni: You're in as a conspirator.
Union lawyer: We didn't make the decision. They quote Mr. Clark, that he hadn't spoken to MLB. MLB said they spoke to many, but the Commissioner decided.

Union lawyer: They say some players would have boycotted. But that's not the union. Cobb Country said they want it back? The Union has no power. This is a fatal defect. They fail both prongs. They sat on their rights. There is a new status quo: Denver

Union lawyer: They say we're racist, because the KKK Act requires invidious. But we think it's sanctionable, we have diverse members. We may be back.
JCN: We cite Metro Life, 1985 Supreme Court. MLB is punishing Georgia businesses to try to get the law changed

Judge Caproni has taken a break and is back. She says:
The plaintiff's motion for a preliminary injunction is denied; standing is lacking for this. The injury must be concrete. [Citing Lujan, 1992]. It must be traceable.

Judge Caproni: The court is not convinced JCN has diverted resources. And it is unclear why JCN cares more about small businesses in Georgia than in Colorado.

Judge Caproni: Even if flaws in the complaint were cured, Plaintiff would not be entitled to a preliminary injunction... While plaintiff says the loss of the All-Star Game is like the loss of innocence of a child, they have said $100 million would take care of it

Judge Caproni says she'll set a pre-trial conference in July. JCN asks for transcript; Judge Caproni says buy it from court reporters - "small business and all, you know?" Story later on InnerCityPress.com and patreon.com/MatthewRussell…