batavia

Major League Baseball Enterprises Inc., a multinational corporation based in New York City, is killing off professional baseball in Batavia.

That's an oversimplification but that is likely the end result.

The New York-Penn League, founded in Batavia in 1939, is breaking apart -- though a smaller independent league may survive -- and since the NY-P owns the Muckdogs, the league in its new form, if it survives at all, won't have the wherewithal to operate a baseball club in Batavia.

Today, MLB announced that its Major League teams have selected their affiliates for the 2021 season and Batavia is not on that list.

Only four NY-P teams are on the list.

Some NY-P teams have chosen to join what will be known as the MLB Draft League. The new league will consist of collegiate players who compete on a limited schedule from May until the All-Star break when the MLB will conduct its annual amateur draft.

For more than a year, MLB and MiLB have been in negotiations over a new operations agreement, with the number of Minor League teams being reduced by at least 40 franchises.  That plan also would have eliminated the Muckdogs as a Major League-affiliated team.

The plan announced today goes a step further by eliminating the MiLB completely. MLB teams will have license agreements (they'll no longer be known as franchises), with each affiliated team and the Minor League system will be operated out of the MLB offices in NYC.

It's unclear if the owners of the 120 teams being offered license agreements will agree to the MLB terms. They just received the proposed contracts today.

Red Wings Gave it Their Best Shot

In 2008, the Genesee County Baseball Club, owner of the Muckdogs at the time, entered into a 10-year operations agreement with Rochester Red Wings. The Red Wings operated the team at a loss for those 10 years but the agreement gave them a 50-percent ownership stake in the team.

In 2018, the NY-P would not allow a new operations agreement and took over ownership of the team with an agreement that would allow the NY-P to recover its operating losses from any eventual sale of the club. The GCBC, a community-owned organization, would receive any money left from the sale that wasn't paid out to the Red Wings or the NY-P.

It is unclear if any of the financial stakeholders in the Muckdogs will be compensated for MLB's apparent unilateral elimination of the team.  

Ben Hayes, commissioner of the NYPL, said he's asked the question directly and hasn't gotten an answer.

Naomi Silver, chief executive officer of the Red Wings, said she also doesn't know whether the Muckdogs owners will be compensated for the loss of the team. 

An attorney who specializes in antitrust and business competition law, Luke Hasskamp, with Bonalaw, based in Los Angeles, said Major League Baseball and Minor League Baseball are both protected by an antitrust exemption that prevents those harmed by MLB's actions from filing an antitrust claim. 

Major League Baseball is a legal monopoly.  

Where to Go from Here?

The legal options for the Muckdogs stakeholders are limited, he said. The last affiliation agreement the Muckdogs had with a Major League team, the Miami Marlins, expired after the unplayed 2020 season, so there may not be a breach-of-contract claim. 

Other legal options don't seem to apply to the Muckdogs, such as claims that the stakeholders made financial commitments and investments based on a promised continued relationship. Since the Muckdogs have been under a cloud of financial hardship -- making them a target for acquisition and relocation -- there are no apparent promises of continued play in Batavia.

The commissioner's office, with its new plan for player development, is not specifically eliminating the Batavia Muckdogs. The lack of an affiliation with a Major League club, however, along with the upheaval in the NY-P caused by the new alignment, makes it impossible to operate the Muckdogs as a professional baseball team, causing its estimated $6 million value to evaporate. 

Asked if the stakeholders could claim the MLB unjustly deprived them of appropriate compensation for making the Muckdogs as a financial asset valueless, Hasskamp compared the idea to eminent domain, but said since MLB is a private organization any such comparison does not legally apply.

"It’s an interesting argument, not one I have thought through much, but it’s challenging, in my opinion, not only because MLB isn’t a public entity because also, as you pointed out, MLB isn’t really taking property," Hasskamp said. "It’s just taking action that will impact the value of others’ businesses. This may be relevant to a party’s damages."

At the end of that email to The Batavian, Kasskamp said, "One other thought: It will be interesting if this stirs any greater interest in Congress to revoke baseball’s antitrust exemption. These contractions are going to impact a number of communities / congressional districts, and more than 100 congressmen noted their displeasure when the contractions were first announced."

Will Schumer Keep Fighting for Batavia?

On a couple of recent visits, we've asked Sen. Charles Schumer, a die-hard baseball fan, if he would pursue legislation to revoke MLB's antitrust exemption. He didn't give a direct answer. He just promised to keep fighting to save teams like the Batavia Muckdogs and Auburn Doubledays.  

This afternoon, we asked a member of his staff for a statement and clarification on Schumer's position on the antitrust exemption and didn't get a response.

Today, in a phone conversation, Hayes offered no hopeful take on the future of the Muckdogs given today's announcement, other than to say there is still much that is unknown about the MLB plan and how Minor League team owners will respond to the license offers.

Silver said the team owners haven't even had a chance to fully review the contracts and discuss the best course of action. She said she's hopeful the Red Wings will be made whole for their losses incurred while operating the Muckdogs.

"We're sad to think there will be no Muckdogs baseball in Batavia," Silver said. "We worked hard for 10 years to try and save the team."

She noted that Batavia is not the only community suffering a loss of a team because of the MLB's decision.

"Batavia is not being singled out," she said.

Tabelski: Games Will be Played at Dwyer

While the prospect of a professional baseball game ever again being played in Batavia seems dim, that doesn't mean there won't be organized baseball played at Dwyer Stadium in the coming years.

Rachael Tabelski, interim city manager, said she has been contacted by representatives from collegiate leagues (often called wooden bat leagues) and semi-pro leagues looking to move into Dwyer. She said the city has yet to respond to those inquiries because there is still a contract in place with the NY-P that gives the league control of what baseball is played in the stadium. Unless and until that contract is resolved, the city can't find a new tenant. 

There will be a tenant in Dwyer again, Tabelski said. 

"As somebody who grew up going to Clippers and Muckdog games, it's very sad to think about losing the team," she said. "I think it's very difficult to look at losing the baseball team we've loved, but there will still be an opportunity for baseball in this town."

And the next team to make Batavia home could very well be called the Muckdogs. The Genesee County Baseball Club has retained the rights to the Muckdogs trademark (it was recently renewed).

The Just Kings Community Organization and Adam Miller Toy and Bicycle are teaming up to make the Just Kings Toy Drive as easy as 1-2-3 to donate.

Adam Miller is offering $30 Gift Certificates for $20.20, and has extended this offer to anyone who wishes to buy one for the Just King’s Toy Drive. Simply stop by the store at 8 Center St. or call (585) 343-0548 and they will be happy to take your order over the phone.  

Adam Miller’s is a hometown favorite, featuring classic and educational toys, activity kits, bicycles, puzzles and the most interesting collection of stocking stuffers around. This charming, old-school toy store comes complete with old wood floors that squeak a bit -- a quaint welcome as you walk through the doors and browse

The Just Kings continue to work and mentor youth in our area, and have held a host of community outreach events and fun activities like their Trunk or Treat Halloween, Thanksgiving Food Drive, Book Bag Giveaway, and neighborhood summer celebrations galore.

You are also welcome to donate gently used toys for newborns to age 12. They will brighten some child's Christmas morning.

The toy drive is underway through Dec. 21.

Toys can be dropped off at Royals Barber Shop, 317 Ellicott St., Batavia.

A black Mazda is reportedly going more than a 100 miles an hour eastbound on Route 5 from the Department of Social Services complex on east Main Street, Batavia, toward Le Roy. It is said to be weaving in and out of traffic. Deputies are responding and Le Roy is notified.

A two-car accident reported at Oak and Richmond in the City of Batavia.

An officer on scene reports there is no injuries. The northbound lane is blocked. There is debris in the roadway but no apparent fluid leaks.

UPDATE 6:28 p.m.: A fluid leak is now reported.

UPDATE 6:30 p.m.: Engine 11 responding.

I was reminiscing, thinking back to Christmases in Downtown Batavia circa 1960.

I recall a Friday night, and Main Street was decorated with holiday cheer. People from all over Genesee County had come to the city to shop and reconnect with friends.

I had made my list for Christmas, and my first two stops were Newberry’s and W.T. Grant’s. Those two stores carried everything you would need -- from a picture with Santa, a hot dog at their food counter, to a new dress and plumbing supplies. The stores were crowded, and the Christmas music was coming from outside of C.L. Carr’s.

The windows of the Carr’s building would mesmerize young and old with their moveable musical figures. It was a much slower pace in the ‘60s. People working behind the counters of the various stores knew your name and would ask about your family. Genesee Hardware was on Main Street at that time and sold toys. I remember going there to see if the wedding dress for my Barbie doll was still for sale. It was!

Other stores I remember were Thomas and Dwyer and C. F. Knox, shoe stores that were run by families. A winter ritual was driving around the city with my family to see the Christmas decorations. There was always one particular house you had to see every year with the most sparkling Christmas lights.

Your next stop would have to be NY State School for the Blind to see the magical, miniature Christmas village on the school’s snow-covered lawn.  

My memories take me back to my family — the Pecas — and those Christmas mornings with the opening of presents and the five-course meal prepared in the kitchen. One Christmas, our mother gave each of us a photo album she created with pictures of each of us in our album. I remember sitting in the living room with my brothers and sisters looking at our albums. We laughed at how we looked when we were young and couldn’t believe that our mother of six found time to create such a timeless memory.

Another favorite memory was Christmas dinner. We would eat for what seemed like hours. Our family was so big we needed the large kitchen table and the dining room table for a holiday meal. You had, to begin with, our dad saying grace and thanking God we could all be together. The feast started with an antipasto, followed by Italian wedding soup, lasagna, and a full-course turkey dinner. Later we would have a wide variety of choices of homemade pie.  

This Christmas will be different for many. I know we will not be able to see our children and grandchildren. We will be filled with memories of Christmases past and hoping all our families and friends stay safe and healthy and are filled with beautiful memories from yesteryear.

Top photo: The Peca family dressed their best for a Christmas Card photo.

Below, two of Anne Marie Starowitz's sisters, Gina, left, and Terry.

Below, Tony, Sam, Anne Marie, and their dad, with sisters Gina and Terry on his lap. (Not pictured: mom and brother Johnny.)

Statement from Batavia City School District Superintendent Anibal Soler Jr.:

Dear Batavia Blue Devil Families,

As the number of positive COVID-19 cases continue to rise across New York State and specifically in Genesee County ​(8-percent positive test rate -- current highest in New York)​ it brings a number of challenges for the school district.

These challenges include but are not limited to the following:

• Our ongoing ability to staff in-person learning with certified staff members.
• Guidance regarding close contact and quarantining: we continue to have a large number of students and staff members unable to attend in-person learning and work because of the fact that educators/ district staff are not designated as essential employees under current New York State Department of Health guidance, which forces them to quarantine even if they are not showing symptoms.
• Despite the CDC reducing the number of days for quarantining to 7-10 days, the NYSDOH is still requiring a 14-day quarantining window.
• Social gatherings are still occurring outside of school, which bring new positive cases into our school district.
• The influx of parent and family requests that want to move their children from in-person hybrid learning to a 100-percent full virtual model.
• Over this last week our number of total positive cases in our schools increased to 39 and the number of students and staff that have had to quarantine as a result was over 100 between our four school buildings.

  Therefore, ​I have made the difficult decision to move our school district to 100-percent Virtual Remote Learning effective immediately and through the upcoming winter break. I will monitor and reassess this decision and I will provide families an update prior to our return on Monday, Jan. 4th.

  Moving our entire district to 100-percent Virtual Remote Learning will give us the ability to focus primarily on one mode of teaching and learning and allow us to prepare for updated guidance from New York State that prioritizes safe in-person learning for all. Families of children who receive specialized instruction and various mandated therapy will be contacted by the district with options for teletherapy and targeted support. BOCES Career Technical Education students will also attend their program virtually. This does not impact out-of-district placements and students who attend BOCES Alternative Academy and ITP programs. For the majority of our students this equates to the loss of five in-person learning days over the course of the next 12 school days.

• The district will continue to provide daily breakfast and lunch for pick up at Jackson Primary and John Kennedy from 8 a.m. to 12 p.m. during this period.

  It is also important to remind you that if we are to return to any form of in-person learning that we still need parents and guardians to fill out our consent form located here. To date, we only have 483 (24 percent) of in-person learning families who have given consent. Please know that if and when we are designated a color zone, that random testing will be required and only families who give consent will be able to attend in-person learning.

  At a time where we should be focused on celebrating an upcoming winter break and spending time with our families, I know that this decision will impact many of you negatively and that is not my intent. Ultimately, my intent and one of my main responsibilities as your Superintendent, is to always protect the physical and mental health and safety of our students, staff and community.

  If you have any additional questions or concerns please feel free to call your child’s school for support.

  WE are Better Together...WE are Batavia!

  Anibal Soler Jr.
  Superintendent of Schools

Press release:

Don't forget that tomorrow night a flute quartet from the Genesee Symphony Orchestra will be at the Holland Land Office Museum to help celebrate Wonderland of Trees.

The concert will begin at 7 p.m. and will be two 20 minute sessions. We are having a limited audience available to attend, which will be limited to 12 people. If you would like to attend please call the museum at (585) 343-4727 to register. There are still some spots available.

The museum is located at 131 W. Main St. in the City of Batavia.

For those of you not in attendance, the concert will be livestreamed and recorded by Paul Figlow of Figlow Productions. Please stay tuned for those links.

A tractor-trailer vs. car accident is reported in front of the DeWitt Recreation Area on Cedar Street in the City of Batavia. No injuries; driver of vehicle is out, conscious and alert. There was air bag deployment and fluids are leaking. City fire and Mercy medics are responding along with police.

A chimney fire is reported at 6 Harrold Square in the City of Batavia. City fire is responding.

UPDATE 6:28 p.m.: A first responder says this is a one-story wood-frame house with embers coming out of the chimney.

UPDATE 6:32 p.m.: The occupants have exited the structure.

A mixed Labrador retreiver apparently did not have a happy Thanksgiving. A caller to dispatch reports the dog has been locked inside a crate since Thursday. Batavia police are responding to a lower apartment in the first block of Oak Street.

Ashley Mooney checks out some jewelry while at Valle Jewelers in Batavia during the annual post-Thanksgiving "Shop Local Saturday." Carrie Lawrence, foreground, and Stephen Valle are co-owners of Valle Jewelers. 

Santa's recommendation for Christmas 2020: Fulfill your gift list at locally owned businesses, the backbone of our community.

Don Brown, co-owner of Batavia Bootery in Batavia, shows off a sneaker to Ohlson, Gunner and Marrick.

Robin Czwojbak with John Roche, owner of Adam Miller Toy and Bicycle in Batavia.

Chris Crocker, owner of The YNGodess Shop, with customer Paul Boylan.

Commonly Asked Workers’ Compensation Questions:

Ridge A. Bono, 29, of Williams Street, Batavia, is charged with: second-degree strangulation; endangering the welfare of a child; second-degree harassment; and resisting arrest. Bono was arrested after an investigation of a domestic incident on Williams Street at noon on Nov. 12. The defendant allegedly resisted arrest when officers tried to take him into custody. Bono was arraigned in Batavia City Court and put in Genesee County Jail. The defendant was due back in city court on Nov. 24. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Sean Wilson.

Daniel J. Christie, 31, of Dellinger Avenue, Batavia, is charged with third-degree criminal mischief. Christie was arrested after an incident at noon on Nov. 18 in which he is accused of breaking a door on Dellinger Avenue that did not belong to him. He was issued an appearance ticket and is due in Batavia City Court on Feb. 9. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Peter Post.

Danny D. Williams Sr., 32, of Ellicott Street, Batavia, is charged with second-degree harassment. Williams was arrested after an incident at 1 p.m. on Sept. 29 during which he allegedly threatened physical violence against another person. He was issued an appearance ticket for Jan. 5 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

City fire and Batavia PD are responding to a location in the first block of Vine Street for a report of a resident burning leaves.

UPDATE 12:35 p.m.: Fire scene commander: "Recreational fire. We're not making him put it out."

Two days ago, I happened across Dan Sprague jamming on a little death metal on his way to band practice. Sprague said he's a member of three bands, including the folk-rock band he was practicing with that day.