Metal Bat Ban In NYC Gets Legal OK

A judge on Tuesday upheld New York's closely watched ban on metal bats in high school baseball games, saying it was not his place to overturn a law that was approved by a local government with the public's safety in mind.

U.S. District Judge John G. Koeltl said there is no clear evidence that metal bats cause more serious injuries than wooden bats, but he said the City Council is entitled to make the judgment that the risk is too great.

"The protection of the health and safety of high school-age students is entitled to great weight," the judge said. "While the record does not include clear empirical evidence showing that more serious injuries would occur without the ordinance, it is the city's legislative assessment that the risk is too great."

The judge added: "In short, the judgment that high school baseball players' safety is more important than higher batting averages and more offense is a classic legislative judgment that the City Council could constitutionally make."

The law is set to take effect Sept. 1.

The ban had been challenged by an organization representing national high school baseball coaches, several companies that make metal bats, and coaches and parents of New York City high school baseball players.

The law resulted from claims that today's metal bats cause balls to go farther and faster, heightening the risk of injuries.

In April, the City Council overrode a veto of the legislation by Mayor Michael Bloomberg, permitting the outlawing of metal bats in high school games. The lawsuit was then filed.

During hearings, former Mets pitcher John Franco testified that when he throws batting practice for some high school teams that use non-wood bats, the ball seems to come back at him as soon as it leaves his hand.

"I don't even see it coming at me. It's dangerous. It's very, very dangerous. ... I'm speaking from someone who is standing on the mound for 22 years and I can see the difference," he testified.

David A. Ettinger, a lawyer for those challenging the law, said legislators needed to provide some scientific evidence that the metal bats are unsafe. Manufacturers could then adjust the makeup of metal bats to make them safer than some wooden bats, he said.

Ettinger said Tuesday he had just received the ruling and could not comment yet.

The lawsuit was filed by USA Baseball, a Durham, N.C.-based national governing body for several baseball associations; the National High School Baseball Coaches Association, based in Tempe, Ariz.; Easton Sports Inc.; Wilson Sporting Goods Co.; Rawlings Sporting Goods Co.; Hillerich & Bradsby Co.; and several fathers of ballplayers.