Umpire who has sued MLB asks court not to dismiss lawsuit

CINCINNATI (AP) - An umpire is asking that his lawsuit alleging race discrimination by Major League Baseball not be dismissed and that it remain in federal court in Ohio.

MLB has asked a U.S. District Court in Cincinnati to dismiss the lawsuit filed earlier this year by umpire Angel Hernandez, saying that Cincinnati was the improper venue and there was no jurisdiction for the suit.

Hernandez was born in Cuba and lives in Florida. Hernandez's suit cites his lack of World Series assignments in the past decade and baseball not promoting him to crew chief as evidence of discrimination. He argues the case should stay in federal court in Cincinnati since umpires work in Ohio when they cover Cincinnati Reds and Cleveland Indians games.

MLB has declined to comment on the lawsuit.