Here's my take on the situation. There are things in that are allowed within the confines of a sport that would be illegal outside of the sport. If a MLB pitcher were to intentionally throw a 90mph baseball at their next door neighbor and hit them in the head, they could be charged. However, within the confines of MLB rules and how those rules are enforced, hitting a batter is essentially allowed.
The fact that MLB, the owners, and the players refused to test for amphetamines, steroids and other performance enhancing drugs, regardless the legal issues of their use, they were in fact allowing, and in my opinion, encouraging their use. I repeat my stance that If PEDs were as prevalent as the Baseball Writer’s Association of America claim it was, a lot of those same writers were either in on the scam or incompetent. The Hall of Fame is not a civil, legal, hall of fame, it is baseball hall of fame. In my opinion, retroactively punishing players for taking PEDs when the baseball community did nothing to stop it (MLB, owners, players, writers) is hypocritical.