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An advocate for indigenous people sued to block use of the Indians name and Chief Wahoo logo at Game 3 of the ALCS in Toronto, arguing the team name and mascot logo -- seen here on Cory Kluber's jersey and hat -- were offensive and discriminatory. A judge rejected the suit on Monday.

(cleveland.com file)

CLEVELAND, Ohio - A court in Toronto rejected attempts by an advocate for indigenous people to block the Cleveland Indians from using its team name or Chief Wahoo logo at tonight's Game 3 of the American League Champion Series.

Douglas Cardinal, a Canadian architect who designed the National Museum of the American Indian and a member of the Blackfoot tribe had argued that the team name and mascot logo were offensive and discriminatory. He sued in Supreme Court of Justice in Toronto, asking for an injunction from the to block use of the team name or logo in Ontario.

Cardinal's action also named as defendants Major League Baseball and Rogers Communications, which owns the Blue Jays and the Rogers Centre and will broadcast the game in Canada.

But after hearing arguments Monday, the court rejected the request and dismissed the case.

The Indians will play the Blue Jays in Game 3 of the American League Championship Series beginning at 8:08 p.m. in the Rogers Centre in Toronto. The Indians lead the series 2-0.

What was the argument?

Lawyers for Cardinal argued that the logo -- which appears on some team caps and jerseys and depicts a grinning, red-faced cartoon with a feather headband - was racially discriminatory.

"Using a racially discriminatory caricature is a violation of the Ontario human rights code," lawyer Monique Jilesen told Ontario Superior Court Justice Tom McEwen, according to The Associated Press.

Jilesen argued the game could be played with spring training uniforms that don't carry the name or "Chief Wahoo" logo. Jilesen said the club was informed of this Sunday, and there is no attempt to stop the game.

Michael Swinwood, another of Cardinal's lawyers, acknowledged that the high attention on the game provided a timely microphone for bringing attention to the issue. But for Cardinal, who has been awarded the Order of Canada by Queen Elizabeth II, the plight of indigenous people is a lifetime cause.

"From Douglas Cardinal's point of view it's about time to take the microphone and speak up," Swinwood said in an interview with cleveland.com. "The thing is we need to begin having a more serious discussion about the disconnect between the dominate society and the indigenous people."

Push back from baseball

Major League Baseball said it "appreciates the concerns" of those who find the name and logo "offensive," according to the AP.

"We would welcome a thoughtful and inclusive dialogue to address these concerns outside the context of litigation," the league said in a statement.

"Given the demands for completing the League Championship Series in a timely manner, MLB will defend Cleveland's right to use their name that has been in existence for more than 100 years."

The Indians had little comment about the suit. "The Indians are focused on competing in the post season. We will not comment any further on matters that distract from our pursuit on the field," the team said in a statement.

A lawyer for Rogers Communications told the judge, though, that if the injunction were granted the broadcast of the game would have to be blacked out in Canada because U.S.-based TBS would not be constrained by the judge's ruling and Canadian companies picking up their feed would not be able to control what TBS shows during the game.

"It would punish millions and millions of Canadians, Blue Jays fans, and owners of bars and restaurants across the country," lawyer Kent Thomson said.

Indians fans also objected in droves on cleveland.com.

Reaction to the ruling

In a statement after the decision, Cardinal expressed disappointment.

"However, today was a victory in that we have elevated awareness of this serious issue at a national -- and even international - level," Cardinal said.

"We had hoped the court would recognize the immediate harm that the Cleveland baseball team racist's name and logo would cause, especially since the team has already demonstrated its ability to wear a jersey without an offensive name and mascot," Cardinal said. "That this kind of discrimination is not a violation of human rights underscores the challenge Indigenous Persons of North America continue to face."