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NBA Can't Legally Terminate Sterling's Ownership
Breitbart's Sports ^ | April 30, 2014 | Ben Shapiro

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 ...


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; US: California
KEYWORDS: basketball; california; clippers; donaldsterling; donsterling; losangeles; losangelesclippers; naacp; nba; privateproperty; rochellesterling; sports; vanessastiviano
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To: 2ndDivisionVet

The free market will take care of things all on its own.


101 posted on 05/01/2014 7:51:38 PM PDT by Private_Sector_Does_It_Better (I AM ANDREW BREITBART)
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