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Posted on 04/30/2014 9:23:25 PM PDT by 2ndDivisionVet
(VIDEO-AT-LINK)
On Tuesday, the National Basketball Association released its Constitution and By-laws – and the release of the text demonstrates clearly that despite media reports, Los Angeles Clippers owner Donald Sterling cannot be voted out of ownership of his team by colleagues for his racist statements.
Yesterday, NBA commissioner Adam Silver fined Sterling $2.5 million and suspended him for life from the league. He certainly has that power under the Constitution and By-laws. Under Article 24(l), the commissioner has the power to do that which is in his best judgment with regard to remedies not covered by the Constitution or By-laws:
Where a situation arises which is not covered in the Constitution and By-laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000.
Provision 35A(d) spells this out further:
The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $1,000,000, or to inflict both such suspension and fine upon any person who, in his opinion, shall have been guilty of conduct prejudicial or detrimental to the Association.
In other words, Silver’s peremptory power is limited to Sterling’s suspension from the NBA and a fine of $2.5 million. It does not extend to booting him from ownership of his team. Furthermore, the association by-laws do not grant the power for owners to force Sterling to sell his team. Termination provisions can only be initiated for violation of specific rules....
(Excerpt) Read more at breitbart.com ...
Hope he fights them tooth and nail, and then the truth about Magic Johnson’s corrupt involvement in this scheme can come to light, as it has many times before, from Harlem to the Dodgers.
I'm confused. In what way other than by owning a team is he "in the NBA"? Also, didn't it say fines were limited to $1MM?
Now, since the league sets the schedules, I guess they could just not schedule any games between any other teams and his, but saying they can strip him of ownership of a tangible asses without compensation just by saying so seems a little farfetched.
The NBA would be free to expel the LA Clippers. They don’t have to associate with any one they don’t want.
But they can’t terminate Donald Sterling’s private property rights merely because he’s an avowed racist. And if he sues them, the NBA would lose in court.
I hope Sterling comes out with both barrels blazing. Arrest the gold digger and squeeze her. See who put her up to it. I think we know who.
Just try a little Magic, that should work.
“NBA Attempts To Disenfranchise Team Owner”
(d) references “Fail or refuse to fulfill its contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely”, which I believe is the clause the NBA is using.
Elsewhere in the ownership contract I believe it refers to acting in the best interest of the game, and the owners can rightly deem that his actions have affected the Association or its Members adversely.
Absolutley
Gassing up Magic’s white bronco in 3, 2, 1, ...
Maybe Chief Justice Roberts can just rule it to be a tax.
As a franchise owner I believe part of the contract refers to acting in the best interest of the game, and the owners can believe that by not doing so he has adversely affected them and the Association, thereby initiating the termination clause. And, under the termination clause they can can force him to sell. He voluntarily entered into the agreement and he would receive the proceeds from the sale.
Hah! All the most rabid race baiters already broke their arms patting themselves on the back yesterday. Looks like the MISSION is NOT ACCOMPLISHED after all. Time to make some popcorn and pull up a chair.
Your right. Majic johnson the aids poster boy is in thick with this take over. I never really watched basketball and I never really cared for the antics thart it brings to professional sports.
No one has alleged that Sterling did not or has not “fulfilled his contract obligations” and I do not see any evidence of that.
Wow, this article is sheer ignorance. The commissioner of the NBA did not say the NBA was going to take away the team or force him to sell. I’m surprised Shapiro would do something this stupid.
He ain’t an “avowed” anything that I have heard.
a·vowed, a·vow·ing, a·vows
1. To acknowledge openly, boldly, and unashamedly; confess
Damn straight
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