Coalition Sues New York City to Block Bat Ban, Protect Player Choice

Conference Call Today, May 7th, at 11:00AM on Lawsuit

NEW YORK CITY – “Don’t Take My Bat Away,” a newly-formed group representing coaches, parents, youth baseball enthusiasts and batmakers, today sued the City of New York to stop a ban on the use of metal and non-wood composite bats in city high schools.  The New York City council overrode Mayor Michael Bloomberg’s veto of the ban two weeks ago. 

The lawsuit, filed in the US Southern District in Manhattan, seeks a preliminary and permanent injunction preventing enforcement of the ban, saying “there is no fair, just or reasonable connection between the Bat Ordinance and the health and welfare of New York City high school baseball players.”  The suit also says the law is “unconstitutional and unlawful” and that it “arbitrarily and unjustifiably prohibits the use of bats that are preferred by the vast majority of high school players, coaches and teams.”  The plaintiffs include 5 parents of New York City ballplayers, 2 New York City coaches, the National High School Baseball Coaches Association, USA Baseball, and the batmakers. 

A conference call with Chief Counsel David Ettinger discussing the lawsuit will be held today, May 7th, at 11:00 a.m. EDT.  Please call 888-240-9355, PIN 9355# to join the conference call.  To obtain an electronic copy of the lawsuit prior to the conference call, please e-mail mmay@sgma.com

“Baseball is as safe with metal bats as it is with wood bats, and there’s an abundance of scientific data that proves it.  We look forward to presenting this evidence in a court of law, which makes judgments based on facts,” said David Ettinger, Chief Counsel for the plaintiffs.

The ban, which would take effect in September, would force over 9,600 players from more than 600 teams in the five boroughs to shelve all metal and non-wood composite bats in favor of wood, at a significant cost. As many as 9 out of every 10 amateur players use metal or non-wood composite bats.

Background

Since 2003, in accordance with the testing standards set by the National Collegiate Athletics Association (NCAA) and adopted by the National Federation of High Schools (NFHS), all things being equal, the speed of a batted ball of non-wood bats does not exceed the ball exit speed of the best major league wood bats.

The Consumer Product Safety Commission in 2002 stated: “Available incident data are not sufficient to indicate that non-wood bats may pose an unreasonable risk of injury.”  

A ban on non-wood bats is opposed by American Legion Baseball, the NFHS, NCAA, American Baseball Coaches Association, Little League, Babe Ruth League and PONY League.  In New York City, the ban is opposed by the Public School Athletic League and the Catholic High School Athletic Association.

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