A Toronto court heard legal arguments Monday in an effort to try to ban the name and logo of the grinning Wahoo, who is shown with red skin and a feather in his headband.The injunction was sought by indigenous activist Douglas Cardinal, who believes staff and players should not be allowed to wear their regular jerseys, the logo should not be broadcast, and the team should be referred to as Cleveland team. Lawyers argued that the name and logo was racist, and a violation of the Ontario Human Rights Code and Canada Human Rights Act. They suggested that the team wear their spring training jerseys, which did not show the team name or logo, and that Rogers Communications be ordered not to use the logo on broadcasts.Cardinal filed complaints to both the Human Rights Tribunal of Ontario and the Canadian Human Rights Commission.A lawyer for Cleveland argued that the application asked for censorship and that it was not the proper venue to decide on Cardinal issue.In the end, the judge ruled against the injunction.Controversy over Cleveland’s nickname has existed for a while, but returned last week when Blue Jays broadcaster Jerry Howarth said in an interview he won’t be using the word «Indians» during the American League Championship Series and hasn’t for the past 25 years.Howarth told The Fan 590 on Tuesday he stopped using First Nations nicknames after he got a letter from an aboriginal fan after Toronto defeated Atlanta in the 1992 World Series.For over 25 years, Native American groups have filled the streets outside the stadium to protest Chief Wahoo’s association with the team.

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