Shot Hurt Around the World : A Policy Analysis of the Houston’s Sign-Stealing Investigation

By: Ru Siriwatanakul*

            If you are a baseball fan, you will have heard of the Houston Astros and the alleged sign-stealing scheme, which is still under investigation. On November 12 of this year, Ken Rosenthal and Evan Drellich published an article, which included statements from former Astros pitcher, Mike Fiers, confirming that he and at least three other Astros members stole signs using the camera positioned in the outfield of the Astros’ home stadium, Minute Maid Park.[1] The Astros were allegedly using the camera to record the opposing catcher’s sign to the pitcher and then relay that information to their hitter by banging on a trash can.[2]

            According to Rosenthal and Drellich, the sign-stealing started in May of 2017 and there is overwhelming evidence against the Astros, specifically data showing the team’s improvement.[3]

Since the article’s publication, more information has been uncovered and Major League Baseball (“MLB”) has widened its investigation of the alleged sign-stealing scheme to include the 2017 along with the 2018 and 2019 seasons.[4] In addition, Rob Manfred, the MLB commissioner, has stated, “[MLB will] investigate the Astros situation as thoroughly as humanly possible…[and will] encompass not only what [MLB] know about the ’17, but also ’18 and ’19 [seasons].”[5] For now, the MLB will focus exclusively on the allegations against Astros, despite allegations of sign-stealing against other teams.[6] During this investigation, MLB officials have encouraged Astros players, “who might have violated league rules,” to answer questions truthfully in exchange for leniency.[7] While the investigation is still on-going, all that can be said is that the MLB has already taken serious steps towards curtailing sign-stealing. In fact, “MLB [had] revised its sign-stealing policy before the 2019 season. It promised ‘progressive discipline; for rule-breakers ‘including fines, suspensions, and penalties or loss of benefits.”[8]  

History of Sign-Stealing: A Practice as Old as the Game Itself

            As the name suggests, sign stealing occurs when one team intercepts the other opposing team’s hand signals.[9] Sign stealing usually occurs when a player on second base attempts to decode the signals that the other team’s catcher uses to communicate to the pitcher which pitch to throw.[10] When a player decoded the signal, he would then relay the information—by signals—to the batter in order to gain tactical advantage.[11]

            Sign stealing is not entirely against the MLB rulebook as long as it is done without use of any device.[12] Historically, players could only steal signs “manually.”[13] But it has always been understood that stealing signs “electronically” with the use of  device is blatantly against the rules and the integrity of the sport.[14]  Believe it or not, stealing signs with the use of a device has been in practice since 1951. In fact, the infamous 1951 World Series was not an unprecedented comeback by the Giants when Robert Brown Thompson hit a homerun which became  “the Shot Heard Around the World,” but rather a product of the Giant’s deceit.[15] Specifically, the Giants used a telescope to decode the opposing catcher’s signs and then player in the bullpen would relay the information.[16]

In today’s “digital age, it is fair to speculate every team in [the league] has been either a victim or a perpetrator of electronic sign-stealing, or quite possibly both.”[17] The most recent example of prohibited sign stealing comes from the Boston Red Sox scandal involving the use of an Apple Watch to relay stolen signs in a 2017 regular season game against the New York Yankees.[18] The MLB levied undisclosed fines against the Red Sox for their misconduct.[19]        

A Culture of Paranoia: Cheating Hardly Helped the Astros, But Hurt the Entire Sport

            As technological advancements have revolutionized the tradition of sign-stealing, experts disagree on whether sign-stealing actually improve teams’ performances.[20] But, almost all agree that sign-stealing creates a culture of paranoia and forces teams to come up with complex countermeasures.[21] Dodgers manager, Dave Roberts stated, “[sign-stealing is] real. It impacts games,” and “[teams] have to do everything [they] can to combat it, and [they] are doing that more in the regular season to prepare for the postseason. You’ve got to change signs . . . .”[22]

            Currently, Astros are facing potential lawsuits from fans who attended 2017 games at Minute Maid Park.[23] Potential litigation may be limited by Texas’ two-year statute of limitations on negligence and personal injury claims; but future plaintiffs could very well raise the contention that the statute of limitations should run after they have realized their injury.[24]

            The MLB is expected to announce the punishment by the end of this month; many anticipate that it will be severe for the Houston Astros.[25]. Regardless of the MLB investigation or of the potential lawsuits, sign-stealing clearly hurts the game—players and fans alike.[26] Even if stealing signs does give the Astros a definitive advantage, it comes with too costly a price—the integrity of the game.[27] In 1951, Bobby Thompson swung and hit a shot heard around the world, marking the legendary comeback, today the Astros swung a similar stolen shot that hurts the world.

*Staff Writer, Jeffrey S. Moorad Sports Law Journal, J.D. Candidate, May 2020, Villanova University Charles Widger School of Law

[1]See Ken Rosenthal and Evan Drellic, The Astros Stole Signs Electronically in 2017—Part of a Much Broader Issue for Major League Baseball, The Athletic (Nov. 12, 2019), https://theathletic.com/1363451/2019/11/12/the-astros-stole-signs-electronically-in-2017-part-of-a-much-broader-issue-for-major-league-baseball/ (describing the sign-stealing operation carried out by multiple members of the team).

[2] See id.; see also Sean Sears, MLB: Where things stand in the Astros sign-stealing scandal, fansided (Nov. 27, 2019), https://fansided.com/2019/11/27/key-takeaways-astros-sign-stealing-scandal/ (summarizing Rosenthal and Drellic’s article).

[3] See Sears, supra note 3 (indicating that the success in the 2017 season corroborated Fiers’ statement).

[4] MLB Widens Investigation of Astros’ Conduct to Last 3 Seasons, ESPN (Nov. 21, 2019), https://www.espn.com/mlb/story/_/id/28131590/mlb-widens-investigation-astros-conduct-last-3-seasons (noting that Rob Manfrend, the MLB commissioner, intends to thoroughly investigate the Astros by looking into the team’s conduct in 2017, 2018, and 2019 seasons).

[5] Id.

[6] See Sears, supra note 3 (asserting that the Astros were caught red-handed and evidence against the team is overwhelming to be ignored).

[7] Jeff Passan, Sources: MLB querying players on Astros sign-stealing allegations, ESPN (Nov. 22, 2019), https://www.espn.com/mlb/story/_/id/28143162/sources-mlb-querying-players-astros-sign-stealing-allegations.

[8] Chandler Rome, MLB expands Astro’s sign-stealing investigation to include 2018, 2019 season, Houston Chronicle (Nov. 21, 2019), https://www.houstonchronicle.com/sports/astros/article/MLB-expands-Astros-sign-stealing-investigation-14853047.php.

[9] See Chris Chaves, What Does it Mean to Steal Signs in Baseball? A brief history of sign stealing in baseball, Sports Illustrated (Sept. 5, 2017), https://www.si.com/mlb/2017/09/05/sign-stealing-baseball-history (explaining how players steal signs).

[10] See David Schoenfield, What your need to know amid Astros sign-stealing accusations, ESPN (Nov. 12, 2019),  https://www.espn.com/mlb/story/_/id/28066847/what-need-know-amid-astros-sign-stealing-accusations (describing how players stole signs in past).

[11] See id.

[12] See Michael McCann, Could Fans Sue Astros Over Sign-Stealing Scandal?, Sports Illustrated (Nov. 14, 2019),  https://www.si.com/mlb/2019/11/14/astros-sign-stealing-lawsuit (“While sign stealing is form of rule-breaking or cheating, it is not entirely prohibited by MLB rules….though MLB rules forbid stealing signs using any sort of device.”).

[13] See id.

[14] See Matt Snyder, Astros sign-stealing allegations: Why use of technology crosses line in long-standing practice CBS (Nov. 13, 2019), https://www.cbssports.com/mlb/news/astros-sign-stealing-allegations-why-use-of-technology-crosses-line-in-long-standing-practice/ (There’s a big difference between stealing signs via a camera and trash can-pounding relay system vs. finding that an opposing pitcher has a ‘tell.’”).

[15] See Joshua Harris Prager, Was the ’51 Giants Comeback a Miracle, Or Did They Simply Steal the Pennant?, The Wall Street Journal (Jan. 31, 2001), https://www.wsj.com/articles/SB980896446829227925 (reporting that the New York Giants used a telescope to steal signs).

[16] See id.

[17] Dave Sheinin, MLB must address sign-stealing scandal after report on Astros’ video espionage, The Washington Post (Nov. 12, 2019), https://www.washingtonpost.com/sports/2019/11/12/astros-sign-stealing-mlb/.

[18] See id. (summarizing the Red Sox’s sign-stealing scheme).

[19] See Anita Balakrishnan, MLB fines Red Sox and Yankees for improper use of technology in games, CNBC (Sept. 15, 2017),  https://www.cnbc.com/2017/09/15/mlb-fines-red-sox-and-yankees-for-use-of-apple-watch-and-phones.html (reporting that the MLB will fine the Red Sox for using the Apple Watch to relay stolen signs against the rule forbidding the use of device to steal signs).

[20] See Jake Mailhot, How Much Did the Astros Really Benefit from Sign-Stealing?, Fangraphs (Nov. 20, 2019), https://blogs.fangraphs.com/how-much-did-the-astros-really-benefit-from-sign-stealing/ (concluding that many factors contributed to the Astros’ improvements during the 2017 season).

[21] See Sheinin, supra note 18 (“[W]ith the aid of electronic device, teams are forced to use more complex signs and changing them more frequently—either out of suspicion or paranoia.”).

[22] Scott Miller, “You Can’t Trust Nobody”: Inside MLB’s War on High-Tech Sign Stealing, bleacher report (Oct. 2, 2019), https://bleacherreport.com/articles/2855354-you-cant-trust-nobody-inside-mlbs-war-on-high-tech-sign-stealing.

[23] See McCann, supra note 13 (asserting Astros are likely to face litigation over alleged sign-stealing).

[24] See id. (summarizing the potential lawsuits successes).

[25]  See Aaron Cornett, “Houston Astros Expected to Receive Severe Punishment for Sign-Stealing Scandal,” LWOS—Baseball (Jan. 10, 2020), https://lastwordonbaseball.com/2020/01/10/houston-astros-expected-to-receive-severe-punishment-for-sign-stealing-scandal/ (reporting that the MLB is expected to hand down severe punishment after its thorough investigation on the allegation against the Astros).

[26] See Stuart Miller, “Did the Astros even gain an advantage by cheating?, The New York Daily News (Dec. 1, 2019),  https://www.nydailynews.com/sports/baseball/ny-astros-cheating-sign-stealing-no-advantage-20191201-c5crgw73qrc4rep3jocw2b3ybi-story.html (summarizing former player and current ESPN analyst, Doug Glanville’s assertion that the Astros’ systematic sign stealing created a culture of cheating, which threatens the integrity of the game).

[27] See id. (analyzing the 2016-2017 records and concluding that there was an uptick in the Houston Astros’ performance, but warns that cheaters do not prosper, citing the New York Giants infamous 1951 historic homerun).