In the weeks since FIU bowed out, the ACLU has requested hundreds of pages of documents from the university. In making the records requests, the ACLU said it suspected that FIU violated the First Amendment rights of the baseball game organizers by cancelling an event simply because its political message might be unpopular.
Miami has a history of constitutional violations when it comes to performers or artists perceived as friendly to the Castro regime. In 1989, the city of Miami moved to terminate the lease of a Cuban museum that planned to sell artwork created by artists who had not formally denounced Castro. The museum sued on First Amendment grounds and won.
In 2003, the city of Miami lost another free speech court case, after a federal judge found that the city had inappropriately charged more than $36,000 in security fees to a concert by Cuban musicians Los Van Van — a group some accuse of having communist leanings. The judge ruled that the fees were essentially a tax on unpopular speech.
In the case of the Industriales baseball game, the records obtained by the ACLU reveal little about how the decision to cancel was made.
On July 15, university administrators (including FIU’s Cuban-American athletic director, Pete Garcia) circulated a list of the participating baseball players via e-mail.
About seven hours later, FIU general counsel Kristina Raattama sent a one-sentence e-mail: “Go ahead and send the termination notice.”
What happened during that seven-hour period? Maria Kayanan, an attorney for the ACLU, calls that the “black hole” of information in the case.
The ACLU says Saavedra’s exile group boasted last month of meeting with FIU administrators and persuading them to pull out of the game. In an interview with the Miami Herald, however, Saavedra insisted he’d only sent a letter to FIU, not had an actual meeting, and that he is not responsible for any decisions the university made.
Saavedra, along with others opposed to the baseball game, will be meeting Saturday morning at Little Havana’s Versailles restaurant. The group will then ride a chartered bus up to Fort Lauderdale to wave signs and protest the event.
Two of the names on the list of players — Javier Mendez and Juan Padilla — are despised by some in the exile community. They are famous for punching a Cuban exile who ran onto the field during the 1999 Pan-American Games in Winnipeg, Canada. Diego Tintorero was holding a sign pledging support for dissidents on the island when he ran onto the field.
Canton said the punching incident has been overblown. A Cuban exile himself, Canton said athletes on the island are fed a narrative that the world outside their borders is evil — psychologically, they’re steeled for battle when they travel abroad.
“The first thing that comes to their mind is ‘I’m going to defend my country!’ ” Canton said. “It’s a war.”
Canton said he doesn’t oppose protesters coming to the exhibition game and making their opinions known, but he still hopes the event will bring the Cuban community closer together. Once on the field, the former teammates — now living in separate nations — will share hugs, Canton said.
“Cuba is opening to the world right now, little by little,” Canton said. “I think Miami has to do the same.”