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 ...
He violated the terms I posted in #34, which means that the clause I posted in #8 pertains as one of the stated reasons that they can force a sale.
PS But hey, I presume you didn’t attend Harvard Law. Ben Shapiro doesn’t have that excuse. He’s embarrassed himself with this article.
Wait for it......
Ok, you fight him in court Perry Mason
What people including myself are so outraged about is that this case proves that thought crimes are alive and well, and will cost you in a huge way.... that your opinions, no matter how unsavory, give people the right to take what you have.
No one's defending him because they like him. They're defending him because the Leftist fascists have that kind of power.
He just scratches himself after having sex with a thousand women like V. Stiviano....
What “contractual obligations” are you saying he violated?
He had the team ready to play, competitively, at the place and time they were designated to be at, at the time they were designated to be there.
You “believe” there is something about the “best interest of the game” involved? Do better next time.
If what I pointed out wasn’t in there, there’d be no possible tie-up in court. A billionaire can spend a lot of money disputing, for example, whether his statements were detrimental to the the game. You’re talking about reputation here, which can be argued.
It’s about defending this DIRTBAG’S right to FREE THOUGHT AND FREE SPEECH nothing more!!!! WE ALL should be VERY RABID about
this regardless of who it is!!!! This is simply trying to control someones
thoughts and speech!!!!!!
I’m guessing that Adam Silver’s lawyers, the NBA’s lawyers and the lawyers of the other 29 billionaires who own NBA teams would not take such drastic action if they knew it was not permitted within the NBA Constitution.
“A billionaire can spend a lot of money disputing, for example, whether his statements were detrimental to the the game.”
Yes, a billionaire can tie a matter up in court for years however, an 81 year old billionaire does not have the luxury.
This is a contractual obligation:
“”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”, which is why an owner can be subject ot a fine if it is violated.
Then, as quoted in Ben’s article, under Article 13, “(a) Willfully violate any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association.” What Sterling can argue is whether his statements were a willful violation, since he may not have expected that his statements would have ended up broadcast as they were. But that is the clause that the owners could use to try to force a sale.
So what you are saying is conservatives should be punished for thought crimes, but progressives should not be held to the same standard?
If he can hold out until ownership passes to his heirs that may feel like victory to him.
The wife if she divorces him will hold 50% ownership of the team.
I believe the NBA owners are fearful if they don't immediately take a popular stance that the playoffs going on NOW would be immediately boycotted by the NBA players and those owners with teams in the playoffs would be liable for refunding millions in ticket sales, etc.
Silver made a "keep the show" going move for now, all the while knowing that later, when the playoffs are over, they'll lose gracefully in a court of law and it will be what it will be.
Have no idea how you deduced that from what I said.
NO ONE should be punished for thought crimes. I don't care what Sterling is or isn't. He's being nailed for having a politically incorrect attitude. Punished for not toeing the party line. Doesn't that bother you?
He’s being nailed for the commercial effects of having voiced his thoughts in such a way that he has harmed his fellow Owners. Do you not believe the owners have the right to form an association that gives them recourse for such damage?
Why wouldn’t it fly in a court of law—though Sterling could probably tie them up in court for some time, at least?
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