Cuban Player Denied Free Agency

Cuban Ball Player Denied Request for Free Agency

Court rules that Viera must enter the draft

Tampa, Florida, June 6, 2001 -- A Cuban baseball player who requested to be a free agent was denied his request by a federal court . On May 31, pitcher Rolando Viera asked the court to prevent Major League Baseball from entering him in its amateur draft. In Cuba, Viera played for the Industriales and compiled an 18-10 record with a 3.12 ERA in his last two seasons. Cuban officials suspended him from baseball this year when they suspected he planned to defect. The 27-year-old left-hander came to the United States in April on a visa, and wanted to be treated as a free agent rather than enter the draft.

The major league baseball draft includes all U.S. residents who have completed high school or the junior year of college. Baseball currently treats players who are living in the U.S. as residents even if they have not obtained official resident status. According to those standards, Viera, who currently trains in Tampa, was entered in the draft. Under Federal immigration law, Viera is not a legal U.S. resident and will not be able to apply for residency until next year. Most players who come to the U.S. from Cuba establish residency in another country prior to immigrating in order to achieve free agent status.

In denying the free agency request, judge James Whittemore pointed out that if the player is drafted, "he has several options, not the least of which is playing professional baseball in the majors, an enviable opportunity for hundreds, if not thousands, of aspiring baseball players around the world." Viera's agent, Joe Kehoskie, argued that "major league baseball uses the oppression in Cuba and the resulting embargo to impose adverse working conditions on Cuban baseball players," according to the Associated Press. Free agents generally command larger salaries than drafted players, but the judge concluded that the financial damage caused by entering the draft does not meet the federal standard of irreparable harm.

Judge Whittemore did mention that Viera still has the option to sue baseball, and can argue that different rules apply to Cuban athletes. One of the key assertions of Viera's lawyers was that Cuban defectors are the only players who must establish residency in a third country before being eligible for free agency. Viera's agent said the player plans to appeal to the U.S. District Court of Appeals in Atlanta. If a court rules that he was unfairly entered in the draft, Viera could receive compensatory damages.

The draft was held June 5-6, and Viera was picked by the Boston Red Sox in the seventh round. A Red Sox spokesman called the selection "a gamble," according to the AP. Viera's agent said that although he will proceed with the case against major league baseball, he is "looking forward to speaking with the Red Sox" and that "our issue is entirely with major league baseball and not with the team."

Sources:
Josh Dubow, Associated Press, "Cuban defector to sue baseball for free agency," 5/30
Fred Goodall, Associated Press, "Judge to rule on Cuban pitcher's request for free agency," 6/01
Fred Goodall, Associated Press, "Cuban pitcher denied request for free agency," 6/04
Jimmy Golen, Associated Press, "Red Sox take chance on Cuban pitcher," 6/05

Amy Armond