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 ...
THEIR SPEECH is AFFECTING AND FORCING policy in this country,
this DIRTBAG’S speech and thought did not affect OUR daily lives in ANY
WAY!!!!! HE in no way was forcing policy down our throats!!!!!
Oh, that is good! I haven’t had that good of a laugh in too long. Thanks ST.
.... in a private illegally recorded conversation. Think of the implications of that to you, me, anyone.
Ok, unconvinced.
A lot of people want to buy the Clippers.
And the taps were long, hours long I understand.
Exactly my friend, could not agree more.
Ok, you’re unconvinced. Can we wait until the evidence, if any, is presented or not? I am only posting and positing possible scenarios....at this point.
Thanks! ;)
(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.
Regarding (c), there was no "statement." And regarding (d), there was no "conduct."
Private phone call. Illegally wiretapped. Illegally broadcast.
That does not comprise a statement, and it does not comprise conduct. He "did" nothing. What happened is that a crime was "done" TO him. The people making the "statement" are the people illegally releasing the illegally recorded tape. And that illegal release is the only "conduct" going on here.
Contract words count. None of this can be attached to his actions, because nothing he did was accessible to the public without a crime being committed. So legally he did not act. What happened was the broadcast of racist remarks that he made, but he was not responsible for the broadcast of those remarks.
I'm not liking the guy here. But without these kinds of standards, re-read the contract - the commissioner could literally do anything to anyone based on his feelings about any matter. And that's not what that contract means.
I don’t think this is the best section. Gonna do some reading. I read something the other day. Gotta find it. (It’s the lawyer in me.)
Sterling is responding aggressively by filing a lawsuit. Not just any suit, but Sterling is claiming 1.7 billion in damages!
Sterling’s legal team is suing on the grounds that the fine is excessive given the questionable acquisition of the recording, the ban is illegal given his status as franchise owner, and that the blackballing tactics the NBA is employing to get Sterling to sell the team are akin to modern day extortion.
Sterling’s legal team said,
“No one approves of what our client said on that recording. There’s no denying that. But it was recorded in the comfort of his own home and later obtained and publicized illegally. Not to mention, the mafia tactics the league is using to try to muscle Mr. Sterling out of his rightfully owned franchise are highly illegal and even unconstitutional. We have no doubt that our client will be exonerated when it is all said and done.”
Only if it's explicitly spelled out in the agreement to which they and Sterling agreed. Absent such an agreement, he has a First Amendment right to be a screaming racist.
Absent such an agreement, it should be payday for the trial lawyers!
And, I, who am not a basketball fan, shall thereby gain a windfall of free entertainment. Popcorn time!
I hope he fights like one of those illegal Kentucky roosters of recent senate primary fame!
Of course it is conduct and a statement.
As I said, it can be debated in court and that may be where it
is headed if the owners go through with this. But Shapiro is completely wrong to base their actions on.
Sterling does that. Files big lawsuits with huge numbers. But of course he’s not filed anything yet. He’s just hoping to head off the action of the owners. They are basing the ban and sale on the agreement that the owners signed, which does give the commissioner and a 3/4ths vote of the owners such recourse.
If Sterlings team can demonstrate that the call was a set up that the League was in on, then that is certainly illegal and Sterling has a great case.
Otherwise, he simply has a case. If it came down to it, he could win or lose. But again, right now he’s simply trying to discourage a unified vote on forcing a sale.
Right, and that’s why the NBA released their Constitution and bylaws to the public and I quoted them earlier in this thread. The owners would be basing their actions on the explicit language therein, just as the commissioner has.
Forcing an owner out over an illegal leak of a private conversation isn't fair. That is the prime issue.
Let's see how far the lawyers can take it. Let us see how much they can bleed the NBA and Sterling!
They are all scum!
It isn’t “fair”? You sound like a Democrat now!
And now you’re on the side of one of the most vial people in the public sphere?
I'm in favor of property rights. Even for closet racists! Does that make me a Democrat? LOL!
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