They have never denied knowing each other so they have a right to pose together in photos if they choose, and to do so without any fear that it would lead to them being convicted of anything. They are on a softball team playing softball, and that is in no way criminal activity.
I think you're missing the point. From a legal standpoint, a RICO case is all about the big picture. Yes, they know each other. They have to concede that. But having all of the members of the LCN family posing blatantly in the picture wearing shirts featuring their "social club"? It's part of the picture. And it's asking to get caught.
... "the picture" is just too perfect for a prosecutor. Normal friends can pose in pictures together. But if you wana be in the mob, that's one freedom you just don't get to (or probably shouldn't) exercise.
