It doesn’t matter if the tapes are admissible (note the law you site is PENAL code, not civil, so they probably actually WILL be admissible). He’s not being punished for the tapes, he’s being punished for the REACTION to the tapes in the press, and one way or the other the press clipping will be admissible.
Something did happen, with or without the tapes it can be proven that Sterling drew a ton of bad press.
The league will be able to demonstrate this owner did X, Y, and Z. He brought bad press, easily shown.
Prior acts matter. They’re a significant part of the bad press he brought. And remember Silver’s statement was at a press conference, it hold no legal binding. He’s free to get up in a court of law under oath and say “hell yes his previous acts factored into the punishment, I said they didn’t in the press conference because I didn’t want to throw my good friend and predecessor David Stern under the bus, but I won’t perjure myself for him, they factored in”.
The league doesn’t need to prove Sterling is an anything other than embarrassment. He embarrassed the league, the league has a duty to its other owners and shareholders to protect its image, so they punished him.
The bylaws say a 3/4 vote is needed, if 3/4 of the owners agree that owner X is a pain in the #$% and needs to go he’s gone.
Evidence code does not matter. A - it’s penal, B - there’s TONS of evidence that isn’t the tapes of every reason the NBA has for punishing him.
The fact that this is a penal code statute is of no relevance to the admissibility of these tapes in a civil proceeding. The statute says so by its own terms. I have a case right now against a plaintiff representing himself, and it can be frustrating. Please, just trust me. I know what I am talking about. If this was a case in which you found yourself embroiled, what would you do? If you are smart (and I believe you are) you would contact a lawyer to analyze it for you. That's what you should do here instead of trying to figure it out for yourself. As Rumsfeld said, you don't know about the unknown unknowns.
Likewise for the claim that he is being punished for the reaction. That is not what Silver said. He based it on the tapes, not the reaction to the tapes. I doubt very much that the NBA bylaws provide that if the public doesn't like you, the NBA can fine you. The bylaws would have to provide for some kind of proscribed conduct by its owners, players and coaches. Otherwise, Danny Ainge would have been out of the league decades ago. :).
I see you are repeating yourself on several things, and I am not going to repeat why they are incorrect. Go in peace, my good man, but just remember this post and check back with me in a few weeks or whenever Sterling's lawyers lay out their arguments.