Posted on 04/30/2014 12:30:12 PM PDT by AZLiberty
Really?
The man is 80 years old. His racism was the worst kept secret in the NBA. It's been going on and known for a long, long time. What kind of vetting went on to permit him to buy the team? Not very much, I suspect.
the NBA was formed in 1946. sterling bought his team in 1981. when he bought the team he agreed to follow the NBA’s rules, or else they would not have approved his purchase
i do not know the specific clause the NBA intends to use to “force” him to sell. but MLB was able to force marge schott to sell after she aired pro-nazi views.
The greatest danger to property rights would come from the government’s judiciary branch interfering with the NBA’s ability to enforce its own private regulations.
no question sterling was enabled by david stern. rumor has it that stern was afraid sterling would sue if stern ever sanctioned him, that sterling would turn into the NBA’s al davis
The most relevant clause seems to be 35 A (c) on p. 47:
Any person who gives, makes, issues, authorizes or
endorses any statement having, or designed to have, an effect
prejudicial or detrimental to the best interests of basketball or of the
Association or of a Member or its Team, shall be liable to a fine not
exceeding $1,000,000 to be imposed by the Commissioner. The
Member whose Owner, Officer, Manager, Coach or other employee has
been so fined shall pay the amount of the fine should such person fail to
do so within ten (10) days of its imposition.
The clause that mentions $2,500,000 is 24 (l) on p. 38:
The Commissioner shall, wherever there is a rule for
which no penalty is specifically fixed for violation thereof, have the
authority to fix such penalty as in the Commissioner’s judgment shall
be in the best interests of the Association. 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.
It seems to me that the $1M applies to this case, not the $2.5M. If his team decided not to show up for a game, however, he could be fined as much as $5M.
He is a franchise owner and has signed agreements with the NBA, which again is a private organization
You think Holder will stay out of this? HA!
As a lifelong Cleveland sports fan, I know you need not look outside the NBA. The NBA "leaned on" Ted Stepien to sell the Cavaliers years back.
Stepien was such an incompetent buffoon not many cared what happened to him.
Here is the rub in that clause. Did he make a 'statement' as defined by law or within the by-laws? Since the conversation was private and recorded illegally, is any of it relevant to the by-laws? My presumption is that a 'statement' must be public and thus not applicable to the clause.
Having his business being stripped from him, and being fined $2.5 million, and being banned for life from entering public facilities, sure seems excessive to me.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Note that this amendment, unlike the 1st, doesn't say that it limits Congress or the federal government. That may be implied, as this amendment assumes that it's discussing the outcomes of criminal judicial proceedings, but I suppose one could argue that the 8th amendment applies to fines and unusual punishment from private agreements, too.
-PJ
I always wondered how it is that people say the 5th or 1st amendment doesn’t apply to private parties when if you have to go to court and it finds against you and levies a fine or worse, that the court is not a representative of either Fedzilla or the State in which you live.
Seems to me that they are straining at a gnat and swallowing a camel.
Did Rex ever pay Dr. Fisher for the coffees?
“The Right of Free Association is also enshrined in the Constitution.”
Where exactly in the Constitution does this phrase appear?
I think the $1M rule applies more to direct statements, like when Cuban says the refs stink. The $2.5M is seems more geared towards a general “conduct unbecoming”.
Buying a sports franchise is like buying a condo. If you don’t abide by the By-Laws the Association can force you to sell.
“That said what is disturbing to me is the invasion of privacy...”
The less one has an open mistress lizard person named V at 80 years old, the less likely one is going to be disturbed in this manner.
What would happen to a fast food franchise owner who was recorded telling his open mistress lizard person named V that he didn’t want her to be seen eating 80% of the food they sell?
Freegards
Old fool is reaping what sowing with a whore almost always reaps. She is nothing but a very high paid whore, making him an old fool.
No one is more horrified at the totalitarian, Orwellian nightmare our society is becoming, or the hypocrisy that deified poor Blacks and demonizes poor whites, but what does the US Constitution have to do with what private individuals and organizations do?
The Constitution consists of the rules of the federal government, and the Bill of Rights are a list of restrictions on the federal government (though nowadays stretched to include every town hall and high school football game). What the NBA, a private organization, chooses to do, however terrifying the implications, has nothing to do with the Constitution. If it did, then liberals could invoke the Constitution against (for example) Catholic schools firing teachers who taught against church doctrine.
This needs a cultural blow-back of major proportions, but I wish both Left and Right would stop invoking the Constitution every time private organizations do something they find horrifying.
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