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Sterling banned for life
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[QUOTE="OttoinGrotto, post: 1038499, member: 297"] OK, I looked over the transcript from the press conference. This is the most descriptive wording around the offense I've got (in bold): [I]The central findings of the investigation are that the man whose voice is heard on the recording and on a second recording from the same conversation that was released on Sunday is Mr. Sterling and that [B]the hateful opinions voiced by that man are those of Mr. Sterling.[/B][/I] [B][I][/I][/B] [I][B]The views expressed by Mr. Sterling are deeply offensive and harmful; [/B]that they came [B]from an NBA owner[/B] only heightens the damage and my personal outrage.[/I] [B][I] Sentiments of this kind are contrary to the principles of inclusion and respect that form the foundation of our diverse, multicultural and multiethnic league. [/I][/B] [I]We stand together in condemning[B] Mr. Sterling's views. [/B]They simply have no place in the NBA. [/I] A couple of things that seem key from the Q&A part of the press conference: [I] Q. The word you used specifically was outrage. You said that you were personally outraged, yet [B]many people believe that they are outraged that for years people have known that this man is a racist slumlord and the NBA hasn't done anything until today. Can you please answer why.[/B] ADAM SILVER:[B] I can't speak to past actions other than to say that when specific evidence was brought to the NBA, we acted.[/B] Q. Should someone lose their team for remarks shared in private as this is a slippery slope? ADAM SILVER: [B]Whether or not these remarks were initially shared in private, they are now public, and they represent his views.[/B] Q. Was the punishment designed in effect to get the message across to Mr. Sterling that there's no point in him there's no advantage, nothing to be gained from him continuing his ownership?[B] And also in determining what the punishment would be, including the suggestion to the Board of Governors, did you take into account Mr. Sterling's past behavior, or was it just based on this one particular incident?[/B] ADAM SILVER:[B] In meting out this punishment we did not take into account his past behavior. [/B]When the board ultimately considers his overall fitness to be an owner in the NBA, they will take into account a lifetime of behavior. Q. Adam, could you just explain or lay out for us[B] what specific power in the constitution and bylaws you exercised with your ban, and what specific was it a broad violation or a specific violation, [/B]and with respect to the forced sale, [B]what specific section of the constitution covers that, and is that a broad violation or a specific one?[/B][/I] ADAM SILVER: [B]I'll let the lawyers lay out for you the specific provisions of our constitution. Let's just leave it that we have the authority to act as I've recommended.[/B] Here's what I'm piecing together, assuming that we can take these statements at their word. 1. Sterling's opinions are hateful 2. The views expressed by Sterling are deeply offensive and harmful 3. Having an owner express these views heightens the damage 4. These sentiments are contrary to the league's principles of inclusion and respect 5. The views of Sterling are what have been condemned 6. Silver cannot speak to past actions. This response occurred in relation to specific evidence 7. Remarks Sterling shared in private have become public, and are considered to represent his views 8. It was reiterated that this punishment only assesses current behavior. However, the board voting on his fitness as an owner (ie, requirement to sell) will take in to account behavior over Sterling's lifetime 9. Silver declined to name the specific provisions and powers that granted the NBA the right to punish Sterling in such a manner 10. Silver reaffirmed that the NBA has the authority to mete this punishment Now, to recap the punishment, as explained from the press conference: 1. Effective immediately, Silver banner Sterling for life from any association with the Clippers organization or the NBA. 2. Sterling may not attend games or practices. 3. He may not be present at any Clippers facility. 4. He may not participate in any business or player personnel decisions involving the team. 5. He is barred from attending NBA Board of Governors meetings or other league activities. 6. He is fined $2.5 million, the maximum permitted by the NBA constitution. 7. Silver will urge the Board of Governors to force a sale of the team. Again, I am not defending Sterling, but there is a MASSIVE disconnect here that is troubling. Essentially it boils down to this: Silver, without naming a [I]specific[/I] provision or power permitting his choice to do so and with no consideration given to past [I]actions [/I]performed by Sterling, has banned Sterling from the NBA and the organization that Sterling [I]owns [/I]because Sterling [I]voiced opinions, views and sentiments [/I]contrary to league principles that were shared [I]privately[/I] and never intended to be [I]public[/I]. Which means, we can assume, that if those views do not go public, there are no grounds for these punishments to take place. Because this blows my mind I'm going to say the same thing a different way - the NBA did not name a specific rule that Sterling broke, did not assess any rules possibly broken in the past, yet punished Sterling for making an offensive statement that became public but was not given in a public setting, and [B]not[/B] for committing an actual racially discriminatory act. I'm not talking about the First Amendment here. I'm talking about the fact that as this press conference laid out the argument (and according to my interpretation, which may be incorrect but was done with as much respect to the actual wording used during the presser as possible) the issue is that Sterling didn't actually [I]do[/I] anything. He is being punished because the NBA was able to hear what he [I]said[/I]. I get it. A racist is being taken down. I'm not enthusiastic about the way this went down though. This seems really creepy. Does anyone else feel uncomfortable about this? [/QUOTE]
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