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Would a Lawyer Today Dare Send Such a Funny & Profane Letter?

If it’s Sunday, it must be football, right? In keeping with the day, Shaun Usher, the British proprietor of the always-splendid website Letters of Note has reposted on his site’s Facebook page a funny exchange of correspondence that I chuckled over when he first shared it last February. It gave me another good laugh today. Shaun’s placed the 1974 letters under the heading Regarding Your Stupid Complaint. They were between Dale O. Cox, Esquire, a persnickety Cleveland Browns season ticket holder, and the Browns’ team office.

As readers of this blog may recall, from pieces such as How to Enjoy Sports Even When Your Teams Have a History of Failure, and a Personal History essay, I grew up following the ups and (often the) downs of Cleveland sports teams. With my late father and brother, I had the great good fortune to attend the last professional sports championship of a Cleveland team–when in the 1964 NFL title game the Browns upset the Baltimore Colts, 27-0. As the scanned copy of a grade school composition of mine will attest, the season ticket holders we sat near in the upper deck in Section 42 were a colorful bunch, like “Bert, a lover of wine” who “often fixe[d] himself a Diet-Rite and wine cocktail,” and Eddie, who “As soon as the first half ends, breaks out [a] thermos of chili . . . he shares with John, while John splits one of his many bottles of wine with him.” (See bottom of post for the whole piece.)

In the summer of 1977, after I was graduated from Franconia College, I worked as a beer vendor at Cleveland Indians’ baseball games. I enjoyed walking the wide open grandstands of cavernous Municipal Stadium, calling out such pitches as “Beer Here!” and “Get Your Cold Ones!”. My happy run as a vendor ended though when I worked a Cleveland Browns pre-season game, and was appalled to discover that the placid beer-drinking Indians fans I’d come to enjoy serving had morphed into, as I wrote in that personal history essay, “an unruly, inebriated mass. . . I was lucky I didn’t have my rack of beers stolen along with all my earnings.

With these recollection of public drinking and intoxication at Municipal Stadium, you can see why I derive such a good laugh from the correspondence between Mr. Cox and the Browns (headings and signatures abridged):

November 18, 1974

The Cleveland Browns
Cleveland Stadium
Cleveland, OH

Gentlemen:

I am one of your season ticket holders who attends or tries to attend every game. It appears that one of the pastimes of several fans has become the sailing of paper airplanes generally made out of the game program. As you know, there is the risk of serious eye injury and perhaps an ear injury as a result of such airplanes. I am sure that this has been called to your attention and that several of your ushers and policemen witnessed the same.

Please be advised that since you are in a position to control or terminate such action on the part of fans, I will hold you responsible for any injury sustained by any person in my party attending one of your sporting events. It is hoped that this disrespectful and possibly dangerous activity will be terminated.

Very truly yours,

Dale O. Cox

The Browns’ reply, from their General Counsel and cc:d to team owner Art Modell, was written only three days later:

Dear Mr. Cox:

Attached is a letter that we received on November 19, 1974. I feel that you should be aware that some asshole is signing your name to stupid letters. 

Very truly yours, 

CLEVELAND STADIUM CORP. 

James N. Bailey,
General Counsel

cc: Arthur B. Modell

Cleveland Browns letters

In the years following the exchange with Mr. Cox, Art Modell–who died this past September at age 87–would later be tagged with infamy among many Cleveland sports fans for relocating the Browns to Baltimore in 1996. Yet it’s plain to me that at least in 1974 he was still a stand-up guy, or he wouldn’t have condoned his team attorney sending such a funny, profane letter to a customer who was himself a lawyer, and one who included in his letter an implied threat of litigation–“I will hold you responsible for any injury sustained by any person in my party attending one of your sporting events.” Would any caution-ridden lawyer today dare to send such a letter in response? If you have thoughts on this and would like to continue the conversation, please let me know what you think in the comments field below. A final point on Mr. Usher’s Letters of Note presentation for this exchange. He uses a photo in it of a Cleveland stadium, but it is the new Browns stadium, built and opened in 1999, on the site of the old Municipal Stadium, where I attended games as a boy and worked in 1977.

A grade school essay of mine on the fans I sat near at Cleveland Browns’ games.

How to Enjoy Sports Even When Your Teams Have a History of Failure

Jim Brown carrying the ball vs. the Colts, Dec. 27, 1964. He gained 114 yards on 27 carries in the title game; photo courtesy Cleveland.com

My dad’s season tickets were in Section 42 of Cleveland’s old Municipal Stadium, so this now collectible ducat would have placed its bearer near us, in Section 40. Photo courtesy SCP Auctions.

I grew up in Cleveland, which has a sad history of failure in team sports that rivals that of any city in North America. The Indians in baseball, the Cavaliers in basketball, and the Browns in football have each come tantalizingly close to winning championships in my lifetime, but only once did a local team manage to win the final, crowning game of a season. That was in 1964, when the Browns led by the great running back Jim Brown won the NFL title, defeating the Baltimore Colts led by Hall of Fame quarterback Johnny Unitas, 27-0. The game was a scoreless shut-out at halftime, but in the second half Browns QB Frank Ryan threw three TD passes to split end Gary Collins, and the route was on. Municipal Stadium became a scene of joyous bedlam. This was two years before the Super Bowl was inaugurated, and since then the Browns have never made it back to the title game.

My father Earl I. Turner at Moraigne Lake, 10 Peaks, Canadian Rockies, July 1982.

I was in the stands at Cleveland’s Municipal Stadium on that frigid day on December 27, 1964, when the Browns faced the Colts, sitting in the stands with my father Earl, and brother Joel, now both sadly gone. I was ten years old. Our dad Earl was an extremely knowledgeable sports fan, and in fact had had youthful ambitions to be a sportswriter, though he ended up buying and selling scrap metal as a profession, a pretty common field for the son of Jewish immigrants in the first half of the twentieth century (see such examples of this prevailing sociology as the uncle of the eponymous protagonist in Mordecai Richler’s classic novel The Apprenticeship of Duddy Kravitz, also an excellent film written by Richler, starring Richard Dreyfuss). But Earl never lamented his years in the metals industry, instead channeling his knowledge and savvy sports spectatorship into his three kids, including our sister Pamela, teaching us how to appreciate key plays in sports, and how to enjoy the subtle games of strategy, the parry and thrust that’s always made sports fascinating for me to watch, experience, and follow. A favorite expression of his for me to hear, one he frequently made, uttered, say, when a pitcher leapt off the mound to field a bunted ball and in tossing his throw toward first base, plunked it off the back of the baserunner, prompting Earl to say, “Wow, I’ve never seen that happen before!”

Earl had earlier enjoyed another Cleveland sports championship, in 1948, when the Indians won the second World Series in their history, the first having come in 1920, when he was two years old. When I was born, on September  22, 1954. the Tribe had just completed a remarkable regular season, when they won 111 games and were about to enter the World Series against the NY Giants as heavy favorites. Sadly, they were swept four straight by the Giants. The opener of the series in which Willie Mays made his remarkable play, now known simply as “The Catch,” occurred on Sept. 29, probably the day before my br’it meilah, the ritual circumcision that for Jewish families occurs eight days after the birth of a male child. Though I have no memory of that day I have long imagined my dad’s elation at the arrival of his third child and the crushing defeat his baseball team endured that autumn.

‘The Catch,’ Willie Mays, courtesy throughtheclydescope.com

With all that as backdrop, I have been following with great interest and enjoyment the Euro Cup soccer tournament that started a few weeks ago. When I was in Toronto last week, ethnic neighborhoods, like Little Portugal, were consumed with anticipation the day of a game. There have been some great matches, amazing plays, and surprising outcomes, like when England defeated Sweden 3-2 in a come-from-behind win on an amazing back-of-the-foot goal late in the second half. In England’s next match, they beat Ukraine 1-0, but only after what appeared to be the equalizer by Ukraine was judged to not have fully crossed the goal line, a call which replays later showed quite definitively to have been incorrect by the referee. During that tense match, Michael Goldfarb, former NPR correspondent, currently London correspondent for Global Post, and an author whose New York Times Notable Book, Ahmad’s War, Ahmad’s Peace: Surviving Under Saddam, Dying in the New Iraq, I edited and published with him in 2004–visited a North London pub to ask English fans how they were feeling about their team. In his excellent article, he chronicles the predominant history of failure that has hung for decades over the nation’s football team, and interviews fans who really open up about what it’s like rooting for a blighted team.

“The team takes the field and after sporadic hoarse cries of, ‘C’mon England!’ a silence descends on the crowd. This is the epitome of the English fan experience—the total silence in which the crowd suffers. The essence of watching a championship in any bar in America is the kibitzing among strangers. The jokes, the barracks humor, are part of what makes it fun. Fun is not part of the picture here. . . . I start chatting with a skinny guy who has managed to perch on the windowsill just where I’ve been standing. It’s no more than 5 inches deep. ‘Are you suffering yet?’ I ask. ‘I’m an England fan, I have to suffer.'”

Well, somehow, they beat Ukraine, even if the win was tainted by the bad call, and their next match is against Italy. So, maybe England will continue advancing through this tournament. And, maybe the Cleveland Indians, who won a game with a walk-off HR Tuesday night, and are somehow in first place in their division, will find a way to get into the post-season. Oh, well, we fans chastened by loss, never lose our capacity to dream.

Farewell to Scottish Friend, Architect Isi Metzstein

I was saddened recently to learn that Isi Metzstein, a longtime friend and the father in a family I’ve been close with for many years, died at his home in Glasgow, Scotland on January 10. Isi lived a remarkable life and was a well-regarded architect and teacher, as the obituaries that have run all over Britain attest, including prominent notices in the Independent (“Architect Hailed for Modernist Vision and Inspirational Teaching”) and the Guardian(“Innovative Architect Designed Remarkable Postwar Buildings”). //more . . .