In denying the free agency request, judge James Whittemore pointed out that if the player is drafted, "he has several options, not the least of which is playing professional baseball in the majors, an enviable opportunity for hundreds, if not thousands, of aspiring baseball players around the world." Viera's agent, Joe Kehoskie, argued that "major league baseball uses the oppression in Cuba and the resulting embargo to impose adverse working conditions on Cuban baseball players," according to the Associated Press. Free agents generally command larger salaries than drafted players, but the judge concluded that the financial damage caused by entering the draft does not meet the federal standard of irreparable harm.The Major League Baseball draft includes all U.S. residents who have completed high school or the junior year of college. Baseball currently treats players who are living in the U.S. as residents even if they have not obtained official resident status. According to those standards, Viera, who currently trains in Tampa, was entered in the draft. Under Federal immigration law, Viera is not a legal U.S. resident and will not be able to apply for residency until next year. Most players who come to the U.S. from Cuba establish residency in another country prior to immigrating in order to achieve free agent status.
Judge Whittemore did mention that Viera still has the option to sue baseball, and can argue that different rules apply to Cuban athletes. One of the key assertions of Viera's lawyers was that Cuban defectors are the only players who must establish residency in a third country before being eligible for free agency. Viera's agent said the player plans to appeal to the U.S. District Court of Appeals in Atlanta. If a court rules that he was unfairly entered in the draft, Viera could receive compensatory damages.
"It proves our critique correct, that the reason baseball maintains this policy is to conform to the wishes of Fidel Castro," said Tom Fitton, president of Judicial Watch, a public-interest legal group in Washington, D.C.Judicial Watch was one of the groups that two years ago urged a federal investigation into the stance of the Baltimore Orioles toward Cuban defectors. After the Orioles had played a home-and-home exhibition series with a team of Cuban all-stars, Syd Thrift, the team's vice president for baseball operations, was quoted as saying the team would not sign Cubans because owner Peter Angelos didn't want to "do anything that could be interpreted as being disrespectful or ... encouraging players to defect."
This is a site about Pro Yakyu (Japanese Baseball), not about who the next player to go over to MLB is. It's a community of Pro Yakyu fans who have come together to share their knowledge and opinions with the world. It's a place to follow teams and individuals playing baseball in Japan (and Asia), and to learn about Japanese (and Asian) culture through baseball.
It is my sincere hope that once you learn a bit about what we're about here that you will join the community of contributors.
Michael Westbay
(aka westbaystars)
Founder
Former big leaguer Ariel Prieto was quoted in the book "Confesiones Mas Alla del Dugout" that the Japanese league has a policy of not signing Cuban defectors. It is beyond my believe that Cuban hitters are paid pennies by MLB teams (Michel Abreu, Barbaro Canizares, Amaury Cazanas, etc.), and they hit well in AA and AAA. If AAA players go to Japan and increase their power numbers in many cases, Cubans hitters that have done well in AAA should do well in Japan.
Besides, a Cuban player in Japan should increase ratings due to our rivalry in international competitions. Therefore, a Japanese team could come with a 1 million offer to a Cuban player receiving pennies from MLB and go across continents.
Japan's policy is reminiscing of MLB policy toward Cubans a few years back. It's shameful, but no one ever says anything about it.
Cubano.
Shameful.