Prominent Canadian architect Douglas Cardinal has filed a human rights complaint and has made an application for an injunction against use of Cleveland Indian's name and logo.

Cardinal, who is of Blackfoot descent, argues that the team name and logo are racist and derogatory, and discriminate against indigenous people.

The Indians' logo, called Chief Wahoo, is a cartoon caricature of a Native American face with big teeth, red skin and a feather protruding from his headband.

The complaint and application, which were filed on the eve of Game 3 of the Toronto Blue Jays American League championship series against the Indians, demand that the Indians name and its logo be banned from use in Ontario—by Cleveland's baseball team, Major League Baseball, and Rogers Communications.

Cardinal's representatives say team members shouldn't be allowed to wear their regular jerseys, the logo shouldn't be broadcasted, and the team should be referred to as "the Cleveland team."

A hearing for the injunction was held the afternoon of Game 3 before Justice Thomas McEwen of the Ontario Superior Court of Justice.

The Globe and Mail reported that lawyers for Rogers Communications (owner of the Blue Jays and the Rogers Centre), the Cleveland Indians, and Major League Baseball argued that "any injunction would create chaos, render the Jumbotron (already preprogrammed with the logo image) blank and, potentially, see the entire broadcast of the American League Championship Series blacked out". In addition, lawyers raised the argument that "fans might have to be 'strip-searched' for offensive Cleveland jerseys at the stadium to ensure none were inadvertently caught on camera".

Mr. Cardinal's lawyer argued "that if 'Jews, Muslims or African-Canadian people' were depicted the same way Cleveland's baseball club depicts indigenous people, there would be no discussion." In addressing the issues that would be created by an injunction, Mr. Cardinal's lawyer argued that Cleveland could very easily wear their spring training jerseys, which do not feature the team name and logo at issue in the application. With respect to the broadcasting issues, Mr. Cardinal's lawyer said that the order would not affect fans in attendance at the game or the actual broadcast of the game by TBS. It would only affect segments produced and broadcasted by Sportsnet during breaks in play.

After three and a half hours of arguments, and just three hours before the first pitch of Game 3, Justice McEwen dismissed Cardinal's application, saying that written reasons for his dismissal would follow at a later date.

While Cardinal was ultimately unsuccessful in his bid for an injunction, his lawyer called the situation a "win-win". From his point of view, "The win is having all you people standing here, and hearing those arguments." Another provocative opinion piece on this issue can be found here.

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