On Wednesday, December 9, 2015, Major League Baseball (MLB) Commissioner Rob Manfred recommended all 30 MLB teams extend safety netting behind home plate to the end of each dugout. Currently, there is a class action lawsuit pending in a California federal court seeking to force the MLB to extend the safety netting from foul pole to foul pole.
The MLB was hit with the lawsuit in July by season-ticket holder Gail Payne on behalf of all season ticket holders in currently unprotected areas of MLB ballparks. The lawsuit seeks no monetary compensation, only the extension of safety netting. Among other arguments, the lawsuit provides examples of serious injuries that have occurred at baseball parks over the years, including disturbing X-rays of a fan who was hit by a shard of a broken bat at Fenway Park this year.
The MLB filed a motion to dismiss in October. The MLB argues that Payne has no standing becsause she has never been injured by a foul ball or bat, and failed explain how the California court has jurisdiction over the 25 ballparks outside of California. The MLB also defined Payne’s suit as an “overreaching attempt to impose unnecessary and unwanted regulation,” and stated that her fear resulting from her choice of where to sit does not “justify forcing the majority of baseball fans … to sit behind netting.”
Payne responded on December 14th with a motion in opposition to the MLB’s motion to dismiss. Payne argues that the California court has jurisdiction over the 25 teams because those teams do business in California, pay taxes in the state, and have contracts with season-ticket holders in the state. Payne also argues that the MLB encourages fans at the ballpark to pay attention to electronic displays and MLB phone apps, making fans unable to pay attention to foul balls and errant bats.