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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: montag813; ReaganÃœberAlles

I don’t know why, but it continually astounds me that many Freepers will do anything they can to defend and make a saint of any progressive dirtbag. I wish you guys would defend any conservative half as much as a left wing pig.


21 posted on 04/30/2014 9:42:22 PM PDT by nickcarraway
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To: 2ndDivisionVet

I heard someone on Hannity today say the Sterling Family would owe hundreds of millions of dollars in taxes were they to sell the team right now. Versus, if they waited till Old Man Sterling passed in 10 or 15 years, they would owe proportionately very little money. “Feelings” have nothing to do with the reality of those staggering taxes that will come due with a sell in the present circumstance.


22 posted on 04/30/2014 9:42:56 PM PDT by lee martell
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To: nickcarraway

That’s what I don’t get. What does “banned for life” mean as applied to an owner if it doesn’t mean he has to sell the team? In what other way besides owning the team is he a part of the league?


23 posted on 04/30/2014 9:43:33 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: goldstategop
"Big Eared Brother" TM will use his infamous "pen and phone" to separate Sterling from his team, this opportunity for him to "wee wee up" his base for the midterms is too important to ignore.

My first guess is that he will sign an EO classifying Sterling as an enemy combatant, followed by a drone strike.

24 posted on 04/30/2014 9:44:41 PM PDT by SecondAmendment (Restoring our Republic at 9.8357x10^8 FPS)
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To: ReaganÃœberAlles

“Just try a little Magic, that should work.”

At the end of the day, Magic Johnson had better hope that there’s a “little magic in his johnson.”


25 posted on 04/30/2014 9:44:56 PM PDT by vette6387
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To: 2ndDivisionVet

Let the BLM invoke imminent domain over the Clippers. Nationalize the franchise and hire Van Jones as head coach. Al Sharpton manages the cheerleading squad and Spike Lee runs concessions, oppression, and reparations.


26 posted on 04/30/2014 9:45:34 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: ReaganÃœberAlles
Coincidence? I think not...
27 posted on 04/30/2014 9:45:42 PM PDT by jsanders2001
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To: Still Thinking

It means he can’t go to games, or make basketball decisions. I think it was spelled out in the statement.


28 posted on 04/30/2014 9:46:15 PM PDT by nickcarraway
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To: montag813

then the truth about Magic Johnson’s corrupt involvement in this scheme
***********
Allegedly.
You can’t prove it, can you? The whole thing smells but there is no evidence yet.


29 posted on 04/30/2014 9:47:41 PM PDT by Finalapproach29er (luke 6:38)
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To: Chad_the_Impaler

LMAO
Best laugh of the day!


30 posted on 04/30/2014 9:48:41 PM PDT by Finalapproach29er (luke 6:38)
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To: montag813

What did Magic do? Or where can I read about it/ find out about it?


31 posted on 04/30/2014 9:50:54 PM PDT by BunnySlippers (I LOVE BULL MARKETS . . .)
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To: Busko

I doubt he actually had AIDS. His longevity after diagnosis is almost unheard of..


32 posted on 04/30/2014 9:51:58 PM PDT by sheik yerbouty ( Make America and the world a jihad free zone!)
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To: jsanders2001

Me neither


33 posted on 04/30/2014 9:58:07 PM PDT by ReaganÜberAlles (Remember, you can't spell "progressive" without "SS".)
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To: ReaganÃœberAlles

Yes, I believe it is Article 35A (c) and/or (d) that he is alleged to have violated:

(c) 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.

(d) 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 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.


34 posted on 04/30/2014 9:58:43 PM PDT by 9YearLurker
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To: sheik yerbouty

He had HIV, not AIDS.


35 posted on 04/30/2014 10:00:40 PM PDT by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
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To: fortheDeclaration

Potato, potatoe..


36 posted on 04/30/2014 10:06:09 PM PDT by sheik yerbouty ( Make America and the world a jihad free zone!)
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To: nickcarraway

We aren’t defending anything.We are attacking

Allow me to paraphrase “Patton” (George C. Scott) on this occasion:

“I don’t want to get any messages from the front saying that we are “defending” our position. We’re not “defending” anything. Let the “Liberal” do that. We are advancing constantly and we’re not interested in “defending” anything.....We’re going to kick the hell out of the “Liberals” all the time and we’re going to go through the “Liberals” like crap through a goose!


37 posted on 04/30/2014 10:06:21 PM PDT by ReaganÜberAlles (Remember, you can't spell "progressive" without "SS".)
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To: 9YearLurker

NOTHING, ZERO, ZILCH in your post says they can make him give up the team, for any amount of money.


38 posted on 04/30/2014 10:08:32 PM PDT by ReaganÜberAlles (Remember, you can't spell "progressive" without "SS".)
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To: 2ndDivisionVet

Somewhere there are some liberals weeping about this new development


39 posted on 04/30/2014 10:10:25 PM PDT by jsanders2001
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To: BunnySlippers

http://www.metro.us/newyork/sports/nba/2014/04/29/magic-johnson-clippers-owner-conspiracy-theory-pops-donald-sterling-banned/

“Is it a coincidence that Magic, who has expressed having ownership of the Clippers in the past, was the main subject of the conversations between Donald Sterling and V. Stiviano?

- Stiviano acted as though she knew Sterling would go on a racist rant by the tone of her questioning during the taping. Was she told by someone (Magic?) to record Sterling, knowing full well what kind of mess would transpire?”


40 posted on 04/30/2014 10:12:41 PM PDT by ReaganÜberAlles (Remember, you can't spell "progressive" without "SS".)
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