Sterling to Sue NBA

[jibsey]

Supposedly according to his attorneys the NBA constitution talks about conduct, also a "willful act". Can be difficult to interpret and enforce. Those acts include criminal behavior, financial instability, gambling and fixing games. As I have said before, this guy is going nowhere no matter what the owner's vote is. He is a fighter, a brawler. The team will eventually change hands but there will be blood on the floor. Oprah might have to wait awhile.

 

[nelsonmuntz]

The tax implications of selling now are enormous. The Sterling family has no choice but to fight it out.

 

[Waquoit]

I love it. I hope Sterling goes totally "scorched earth". I would PPV to see Stern on the stand facing a hostle lawyer.

 

[WestHartHusk]

The tax implications of selling now are enormous. The Sterling family has no choice but to fight it out.

Nailed it. He has a LOT of gains to be accounted for / taxed for. I am sure that his estate planning did not include selling his team this year.

But I'm sure he will use this time to figure out some "creative" ways to build up the cost-basis of the team so he doesn't have to pay any taxes.

 

[UconnU]

NBA is screwed and they know it. But they had to make the decision they made based on the PR nightmare. Guy is clearly a jerk but jerks have rights.

 

[Jimmy Serrano]

Just set them all on fire and put it on TV. Pass the popcorn.

 

[WestHartHusk]

NBA is screwed and they know it. But they had to make the decision they made based on the PR nightmare. Guy is clearly a jerk but jerks have rights.

I do not know the specifics of NBA by-laws, but keep in mind that the rights you have within a private association are significantly less than the rights you have with regard to the Government.

 

[noeynox]

The new commish drew a line in the sand.... he basically told the owners if you're not with me.... you're just like him. No matter the outcome he won a major PR battle, so even if he loses the league wins.

 

[UconnU]

I do not know the specifics of NBA by-laws, but keep in mind that the rights you have within a private association are significantly less than the rights you have with regard to the Government.

I understand but literally nothing will be admissible in court the recordings were illegal, every past case against him was either settled or thrown out. The NBA doesn't really have a leg to stand on. I guess their defense will be that they had to make this decision based on the media blitz? Im not sure that will work.

 

[amory]

So then what's his plan? No self-respecting player is willingly going to sign with the Clippers as long as he owns the team. Right now he can sell an LA franchise on an upswing with good players, a good coach, and a ton of fan and advertiser interest.

 

[champs99and04]

NBA is screwed and they know it. But they had to make the decision they made based on the PR nightmare. Guy is clearly a jerk but jerks have rights.

I think you're right. From a legal standpoint, this seems like a case the NBA is going to lose. But they were in a big time bind and if they hadn't acted like this the long-term damage would/could have been enormous.

They were really in a lose/lose situation. Ban the guy for life and risk a bloody law suit or let everything play out and take a public beating that would have made the Donoughy scandal look like child's play. And then there was the possibility of a player boycott, which apparently would have happened.

I think Silver's actions were correct, but this thing is long from over and it is not going to be pleasant for the league.

 

[NJHusky]

So then what's his plan? No self-respecting player is willingly going to sign with the Clippers as long as he owns the team. Right now he can sell an LA franchise on an upswing with good players, a good coach, and a ton of fan and advertiser interest.

But will it go down more than the tax bill he will get if he sells?

 

[sledog]

This is getting better than even I imagined.

 

[Deadrody]

I do not know the specifics of NBA by-laws, but keep in mind that the rights you have within a private association are significantly less than the rights you have with regard to the Government.

The law doesn't look kindly on "arbitrary and capricious" decision making, no matter who is involved. That is exactly what the NBA has done.

 

[WestHartHusk]

I understand but literally nothing will be admissible in court the recordings were illegal, every past case against him was either settled or thrown out. The NBA doesn't really have a leg to stand on. I guess their defense will be that they had to make this decision based on the media blitz? Im not sure that will work.

That is just not true. The recording was in the public domain, it doesn't matter how it got there. You can't just ignore it because of how it was created (but, he probably has a cause of action against his mistress, if he didn't know he was being recorded.

The law doesn't look kindly on "arbitrary and capricious" decision making, no matter who is involved. That is exactly what the NBA has done.

I don't see what is arbitrary and capricious. Arbitrary and capricious usually signals an abrupt change of policy, so unless the NBA has been activelly engaged in supporting racism I don't see the claim here.

The only question is whether the NBA by-laws allow the team to be taken by a vote of the owners under these circumstances. I will be curious to see the relevant provisions, but I imagine there is a reasonable argument it does for Silver to have taken this action.

 

[Kitaman]

I think the Clippers team will be the big losers. Many players won't want to go there and I imagine current players will look to bolt when possible.

Its a hot mess, with no winners.

 

[UConNation]

So then what's his plan? No self-respecting player is willingly going to sign with the Clippers as long as he owns the team. Right now he can sell an LA franchise on an upswing with good players, a good coach, and a ton of fan and advertiser interest.

Bingo. You nailed it. Sterling's going to fight this because he's an ego driven prideful person who lives for the lime light; good or bad. My prediction is that he brings this to court, it will get thrown out because no judge will touch this case - both parties will be told to settle this in arbitration, in arbitration the recordins will be admissable, Sterling loses and he's forced to sell the team. The only other scenario is that he takes this to court and some judge is crazy enough to take the case, in which case his chances of winning are good, but after the win he ends up selling it because all he really wanted to do was win. Not to mention, no one will coach or play for him.

 

[noeynox]

We now have people being called bigots because they believe in the traditional ideal of marriage as between a male and a female. One of the NBA owners is on record as being for traditional marriage. Is he a bigot...because many people are now calling people like him (and me) bigots because we believe in something the president believed until a few years ago? Should the owner have his club taken away from him?
The fact is the NBA and all the people throwing rocks at Sterling are hypocrites. They pick and choose. Nothing was done to Spike Lee for his racist utterances nor Jay-Z for wearing a racist medallion to a game. And we'll see if Knick's executive Larry Johnson is punished for urging an all-black league. Imagine someone calling for an all white league? He would be hung on the cross.
So anybody at any time who slips up and says something considered derogatory towards people of another s e x, ethnic persuasion, or nationality should be severely punished? Is that what they're saying? And how many Americans are perfect people? If someone can have their business or property taken away from them without even a chance for an explanation or apology, then we have entered dangerous times. For everybody.

Eh, he is going to get paid. What is really happening here is that Sterling is being told, your comments make you unworthy of being part of our very small and exclusive club of NBA ownership, because your comments damage the rest of us. So he will get his money, but get kicked out of an exclusive club. That'll learn him.

 

[dtrumpet]

We now have people being called bigots because they believe in the traditional ideal of marriage as between a male and a female. One of the NBA owners is on record as being for traditional marriage. Is he a bigot...because many people are now calling people like him (and me) bigots because we believe in something the president believed until a few years ago? Should the owner have his club taken away from him?
The fact is the NBA and all the people throwing rocks at Sterling are hypocrites. They pick and choose. Nothing was done to Spike Lee for his racist utterances nor Jay-Z for wearing a racist medallion to a game. And we'll see if Knick's executive Larry Johnson is punished for urging an all-black league. Imagine someone calling for an all white league? He would be hung on the cross.
So anybody at any time who slips up and says something considered derogatory towards people of another s e x, ethnic persuasion, or nationality should be severely punished? Is that what they're saying? And how many Americans are perfect people? If someone can have their business or property taken away from them without even a chance for an explanation or apology, then we have entered dangerous times. For everybody.

I agree on the hypocrisy aspect, but can't go with you beyond that, you might be lumping a lot of divergent and irrelevant things together here.
the best take I've heard on the hypocrisy is this from Bomani Jones.
http://deadspin.com/in-10-minutes-e...ource=deadspin_facebook&utm_medium=socialflow
jump ahead to around 2:30 to pass the small talk.

Aside from that, the best leg the NBA has to stand on is that his ownership hurts the rest of the league, and given the pulling of sponsorships and the threats for more to come, thats a pretty strong case.

 

[JaYnYcE]

We now have people being called bigots because they believe in the traditional ideal of marriage as between a male and a female. One of the NBA owners is on record as being for traditional marriage. Is he a bigot...because many people are now calling people like him (and me) bigots because we believe in something the president believed until a few years ago? Should the owner have his club taken away from him?
The fact is the NBA and all the people throwing rocks at Sterling are hypocrites. They pick and choose. Nothing was done to Spike Lee for his racist utterances nor Jay-Z for wearing a racist medallion to a game. And we'll see if Knick's executive Larry Johnson is punished for urging an all-black league. Imagine someone calling for an all white league? He would be hung on the cross.
So anybody at any time who slips up and says something considered derogatory towards people of another s e x, ethnic persuasion, or nationality should be severely punished? Is that what they're saying? And how many Americans are perfect people? If someone can have their business or property taken away from them without even a chance for an explanation or apology, then we have entered dangerous times. For everybody.

There was an all white league until the 1940's, it was MLB. I didn't read in any history books of anyone being hung on a cross. Are you trying to change the narrative now from what he said about blacks to focus on people of different sexual orientation? You're definitely stretch armstronging it there.

 

[WestHartHusk]

We now have people being called bigots because they believe in the traditional ideal of marriage as between a male and a female. One of the NBA owners is on record as being for traditional marriage. Is he a bigot...because many people are now calling people like him (and me) bigots because we believe in something the president believed until a few years ago? Should the owner have his club taken away from him?
The fact is the NBA and all the people throwing rocks at Sterling are hypocrites. They pick and choose. Nothing was done to Spike Lee for his racist utterances nor Jay-Z for wearing a racist medallion to a game. And we'll see if Knick's executive Larry Johnson is punished for urging an all-black league. Imagine someone calling for an all white league? He would be hung on the cross.
So anybody at any time who slips up and says something considered derogatory towards people of another s e x, ethnic persuasion, or nationality should be severely punished? Is that what they're saying? And how many Americans are perfect people? If someone can have their business or property taken away from them without even a chance for an explanation or apology, then we have entered dangerous times. For everybody.

There is so much stupid in this post.

There is no such thing as "traditional marriage," just the narrow definition you have been exposed to your whole life. Survey the globe and provide me with a definition of "traditional."

There is no equivalency between the statements of blacks and whites when it comes to racism. One group has had virtually unfettered control in shaping the familial, social and economic outcomes for the other group (hint, I don't think blacks have had that control over your family lineage).

And the his propery wasn't "taken," he is being forced to sell it.

And the sale was the result of action taken by a private association Sterling entered into voluntarily. He could own all the stock in the world and be a horrible racist and nobody would do anything to him. But, he chose to invest in league which is very sensitive to race - that is his fault. And losing the team will be the result of 3/4 of his peers.

 

[Go_Huskies]

A few weeks before the Sterling incident Jay Z, a part owner, went to an NBA game with a chain of a racist organization against whites
Rapper Wears Medallion Of Group That Posits ‘White Men Are The Devil,’ Five Percent Nation
http://www.ibtimes.com/jay-z-racist...ite-men-are-devil-five-percent-nation-1568314

How is the NBA going to explain in a court of law that there are no sanctions against Jay Z for a public act of racism but there are sanctions for illegal taped phone call? I don't listen to Jay Z but I wouldn't be surprised if some group (whites, women, police, etc) could also find his lyrics offensive. What are they going to say to those groups you are not cool so nobody cares if your offended?

 

[Deadrody]

So then what's his plan? No self-respecting player is willingly going to sign with the Clippers as long as he owns the team. Right now he can sell an LA franchise on an upswing with good players, a good coach, and a ton of fan and advertiser interest.

I'm not sure I buy that. The half life of outrageous outrage is pretty damn short, especially given the fact that until he wins in court, that he's banned for life.

 

[UConNation]

There is so much stupid in this post.

There is no such thing as "traditional marriage," just the narrow definition you have been exposed to your whole life. Survey the globe and provide me with a definition of "traditional."

There is no equivalency between the statements of blacks and whites when it comes to racism. One group has had virtually unfettered control in shaping the familial, social and economic outcomes for the other group (hint, I don't think blacks have had that control over your family lineage).

And the his propery wasn't "taken," he is being forced to sell it.

And the sale was the result of action taken by a private association Sterling entered into voluntarily. He could own all the stock in the world and be a horrible racist and nobody would do anything to him. But, he chose to invest in league which is very sensitive to race - that is his fault. And losing the team will be the result of 3/4 of his peers.

I can get behind the majority of what you said, except that "there is no equivaleny between the statements of blacks and whites when it comes to racism." It doesn't matter what color your skin is; if you make a deragatory statment to a person or about a group of people based solely on stereotypes centering around the color of their skin... that's racism. And it's wrong. Period. End of discussion.

And please do not misconstrue what I'm saying. I'm not defending STB and definitely not defending Sterling. I'm just disagreeing with that one aspect of your post.

 

[Deadrody]

I don't see what is arbitrary and capricious. Arbitrary and capricious usually signals an abrupt change of policy, so unless the NBA has been activelly engaged in supporting racism I don't see the claim here.

For one, because his history of alleged racism is long and documented. So, yeah, abrupt change of policy. The longest tenured owner in the league was allowed to do whatever he wanted, and then one illegally obtained recording containing tepid racial content allows the league to fine him the maximum amount and ban him for life ?

The very definition of arbitrary and capricious.