Sterling banned for life

[HeaterCuse22]

they are using a . . . generous interpretation . . . of the NBA constitution; its not a legal action, its a corporate policy action

see. Schott, Marge or McCourt, Frank

 

[rrlbees]

When Sterling bought the team, he agreed to abide by the by laws and whatever other rules they have. He would not be allowed to buy the team otherwise.

The ban and fine imposed by the commissioner are allowed by the by laws.

A 75% owner agreement to force a sale is allowed by the by laws.

For Silver to say he is personally going to make sure a sale is forced, tells me he already has the 75% vote, and probably much more if not 100%.

Sterling doesn't have a leg to stand on.

 

[Louie and Bouie]

Anything that sparks a dialogue about race on the national stage is a good thing so in an odd way Sterling has provoked that dialogue which is a good thing. Racism is something we all know exists but we are often afraid to talk about it. It makes most uncomfortable to have intelligent conversation on the subject.

As and for the decision of the NBA, Adam Silver or the owners what was the expectation of the general public as to what the league would with Sterling? The patting on the back of Adam Silver for making an easy business decision seems a little over the top. It really was a no-brainer. The NBA is a multi-billion dollar business with a lot of mouths to feed. The NBA and the owners weren't going to risk that for any one man. Whether they legally can force sale or not they were going to publicly ban him from the start and let the litigation chips fall where they may. They just needed some time to check into legal remedies and to rally support of the owners in advance of the presser.

As much as the league wants to couch this decision as one of ethics and morality I firmly believe it was a business decision plain and simple. They were taking a stand on their financial statments first and foremost and everything else comes in second.

Now the NCAA and its institutional racism is a story for another day.

 

[SUbear]

So then silver sells a franchise to another team in LA, the Lakers Buy the rights to the Staples Center. Game over.

I believe the NBA by laws do not allow the commissioner to do that. They could vote to change that, but I doubt the other owners would agree to allowing a second franchise in the same city as it would endanger every owners valued franchise.. I can not see that ever being okay end.

 

[Trueblue25]

This is a disgusting penalty.

 

[OttoinGrotto]

they are using a . . . generous interpretation . . . of the NBA constitution; its not a legal action, its a corporate policy action

Which makes me wonder, tin foil hat time, since the "why now" question has such odd answers - was this a set up?

Maybe people wanted him out a long time ago, and his recent statements parted the sea for an ouster to take place.

 

[AZOrange]

Which makes me wonder, tin foil hat time, since the "why now" question has such odd answers - was this a set up? Maybe people wanted him out a long time ago, and his recent statements parted the sea for an ouster to take place.

Not out of the q IMO

 

[djcon57]

Which makes me wonder, tin foil hat time, since the "why now" question has such odd answers - was this a set up?

Maybe people wanted him out a long time ago, and his recent statements parted the sea for an ouster to take place.

I legit think they thought he'd be dead by now.

Should add...and Jerry Buss isn't around to protect him.

 

[AZOrange]

Are you are the least verbose lawyer ever? I guess I could have said that as well.

Maybe. Isn't that what people want? Lawyers that speak less, write less?

(I'm typing on a phone...)

 

[OttoinGrotto]

Not out of the q IMO

I legit think they thought he'd be dead by now.

Should add...and Jerry Buss isn't around to protect him.

Stern's conspiracy legacy LIVES ON!!!

 

[retro44]

too bad Silver wasn't president of the NCAA when Ped ST. penalties were crafted.

Now this story is weird in the way how his girlfriend has acted. Sounds like a little extortion going on here as Sterling's wife is suing her for stealing $1.8 million from them. Now if she really did steal the money then this chickie do needs to go to jail.

Who in the world would record 100 hours of a rich lovers phone calls, someone who has plans to use them for gain.

I thought they would have fined him big,suspend him for a year or too and make him do community service.

The NBA someday might wish they never went down this road, now if players make comments like this do they get suspended for life?

Is the Rev. Jesse Jackson now baned or suspended for making the Himey town quote, or is Sharpton allowed in Arenas for the Tawana Brawley case.

In the end the NBA has a right to make this decision,but if this then up in court it will be very interesting in how this plays out

 

[retro44]

I believe the NBA by laws do not allow the commissioner to do that. They could vote to change that, but I doubt the other owners would agree to allowing a second franchise in the same city as it would endanger every owners valued franchise.. I can not see that ever being okay end.

I thought I heard in the NBA bylaws for owners racist remarks are not in the reasons why you can get a lifetime suspension or be forced to sell.

 

[ConnectiCuse]

How do they enforce this, he owns the team. Even if they can try to force a sale if he resists it will be in litigation till after this guy dies.

When you buy an NBA franchise you agree to the rules (and there are a lot of them) imposed by the NBA to continue to own the franchise. Same as the McDonalds examples provided earlier. I know b/c I've read them as a part of providing financing to both the NBA and to several of its teams.

 

[ConnectiCuse]

If the NBA tries to force him out, and he refuses to sell, it most surely will end up in court, and without his statements on that tape being admissible what basis can the NBA use to try to enforce a sale?
No illegal recording wil be found admissible, the NBA must know this, and what they are doing and saying is mostly for appearances and PR. I believe they have no way to enforce any of the things they are saying if Sterling does not agree to it, except perhaps for the fine, but even that is based on an illegally recorded tape.
Fruit of the poisoned tree.

The young woman who made this tape may in fact be prosecuted if Sterling decides to press charges. He has cause for damages to reputation and monetary.
Strictly speaking about what can be done, not defending the man or what was said.

The rules of evidence used by the NBA in its own proceedings are much different and much more lenient with respect to the use of information than those used in a traditional courtroom setting.

 

[SUbear]

When Sterling bought the team, he agreed to abide by the by laws and whatever other rules they have. He would not be allowed to buy the team otherwise.

The ban and fine imposed by the commissioner are allowed by the by laws.

A 75% owner agreement to force a sale is allowed by the by laws.

For Silver to say he is personally going to make sure a sale is forced, tells me he already has the 75% vote, and probably much more if not 100%.

Sterling doesn't have a leg to stand on.

By laws are great but are contractual and you must show adequate cause to enforce them if they are disputed. You must go to court(establish legal cause). The illegally obtained recording would not be admissible to show cause, therefore the whole contractual argument would fall apart. If you have no legal basis for enforcing a bylaw it is by definition not enforceable. All those things you mentioned must be substantiated by adequate cause, and that too is in the by laws. Do you really think that any of those things in the by laws can be done in an arbitrary and capricious way?
We have seen that all these things end up in court just with the conference shifting we have experienced no matter what the conference by laws say. No different for the NBA and an owner with huge money and legal at his call.

 

[Orangello]

They can ban him as long as they want but good luck taking his team from him. The argument that a forced sale is permitted because he's somehow diminished the financial security of his franchise or the NBA s a big stretch. The other owner's can force a sale if the team's in finacial trouble. They may be in finacial trouble in a year or two but they sure aren't right now.

 

[SUbear]

The rules of evidence used by the NBA in its own proceedings are much different and much more lenient with respect to the use of information than those used in a traditional courtroom setting.

You are right the NBA can do and say what they want, but the problem comes in enforcing any of it without a court issuing an order. Sterling can dispute anything and everything and take them to court for a cease and desist, they then need to show cause for their actions in a courtroom, where you run up against that illegally obtained recording that all their punitive actions would be based on. It would probably not be deemed admissible.

 

[jgeorge322]

Bad analogy IMO. Employees have few rights against each other. Better analogy is a private club/association. Can it kick a dues paying member out for violating bylaws?

lets ask temple

 

[rrlbees]

This is a disgusting penalty.

He didn't have to join the club either. He accepted it's rules.

 

[NKR1978]

This is a disgusting penalty.

Why?

 

[jgeorge322]

i imagine players and coaches will refuse to work from him after this year, so he may not be able to fight much. my guess is he will be lucky if he gets fair market value.

 

[rrlbees]

By laws are great but are contractual and you must show adequate cause to enforce them if they are disputed. You must go to court(establish legal cause). The illegally obtained recording would not be admissible to show cause, therefore the whole contractual argument would fall apart. If you have no legal basis for enforcing a bylaw it is by definition not enforceable. All those things you mentioned must be substantiated by adequate cause, and that too is in the by laws. Do you really think that any of those things in the by laws can be done in an arbitrary and capricious way? We have seen that all these things end up in court just with the conference shifting we have experienced no matter what the conference by laws say. No different for the NBA and an owner with huge money and legal at his call.

It's all going to happen. I'm sure he's enjoyed living under the by laws while making almost a billion dollars.

 

[OttoinGrotto]

He accepted it's rules.

I don't think this is about rules, is the thing.

 

[Guinness]

Amazing that freedom of speech is going away.

 

[ConnectiCuse]

You are right the NBA can do and say what they want, but the problem comes in enforcing any of it without a court issuing an order. Sterling can dispute anything and everything and take them to court for a cease and desist, they then need to show cause for their actions in a courtroom, where you run up against that illegally obtained recording that all their punitive actions would be based on. It would probably not be deemed admissible.

The NBA isn't stupid. I'm positive that they've vetted this issue prior to taking any action (Wachtell Lipton is their counsel if that tells you anything). So, while anything is possible, my best guess is that the NBA has him by the shorthairs.