Donald Sterling Is A Democrat

[Queersetti]

I think it's an "if" situation.

There's supposedly something in the bylaws about if an owner does something "detrimental to the league". I'm no lawyer, but I wonder if that vague wording would hold up in court.

What I find interesting is, will the owners give away a big chunk of their power?

I'm not a lawyer either, but Sterling entered voluntarily into a contractual arrangement, under which he agreed to abide by certain bylaws. It's hard to imagine why any court would not uphold such a contract. It seems to me the vagueness of the wording actually strengthens the case against Sterling, rather than for him, as "detrimental" to the association can best be determined by the association itself.

 

[islandman]

NBA bylaws are not public, so no one really knows what's in them. All we have to go on are what sports & entertainment lawyers have said in the press. Tulane has a law professor who has gone on record with all of this. Feel free to look it up.

My source is the NBA Commissioner himself:

N.B.A. Commissioner Adam Silver said the league would try to force Mr. Sterling to sell the Clippers, fully expecting to get the necessary three-quarters approval from other team owners.


http://www.nytimes.com/2014/04/30/sports/basketball/nba-donald-sterling-los-angeles-clippers.html

 

[Beco]

Yeah, he might. That doesn't mean he'll prevail. His best move, it seems to me, would be to cut his losses and get gone.

Thats not his style...

 

[SgtSpiderMan]

I'm not a lawyer either, but Sterling entered voluntarily into a contractual arrangement, under which he agreed to abide by certain bylaws. It's hard to imagine why any court would not uphold such a contract. It seems to me the vagueness of the wording actually strengthens the case against Sterling, rather than for him, as "detrimental" to the association can best be determined by the association itself.

Please understand, I don't support Sterling in any way.

If the contract was vague, it's not certain. It simply can't be both. If the commissioner could have made him sell the team, why didn't he just do that?

"However, sports law expert Michael McCann writes that forcing Sterling out is "unlikely to happen." McCann notes that the language in the NBA's constitution does give the NBA power to oust an owner, but "only in very limited circumstances" dealing with team finances and whether or not the owner can pay the bills."

http://www.businessinsider.com/nba-donald-sterling-sell-clippers-20144#ixzz30KIJPZye

 

[SgtSpiderMan]

My source is the NBA Commissioner himself:

N.B.A. Commissioner Adam Silver said the league would try to force Mr. Sterling to sell the Clippers, fully expecting to get the necessary three-quarters approval from other team owners.


http://www.nytimes.com/2014/04/30/sports/basketball/nba-donald-sterling-los-angeles-clippers.html

Key word there, try.

 

[garbage can]

Thats not his style...

It's interesting that a private conversation has probably done him in.

 

[SgtSpiderMan]

It's interesting that a private conversation has probably done him in.

& the -million dollar settlement with the DOJ for housing, & the lawsuit brought against him by a former employee for racism...etc

 

[islandman]

Key word there, try.

There's also the phrase "fully expecting" and in conjunction with a keener understanding of the NBA's bylaws by its Commissioner.

 

[SgtSpiderMan]

There's also the phrase "fully expecting" and in conjunction with a keener understanding of the NBA's bylaws by its Commissioner.

Fair point.

I'll still stand by my statement earlier that if Silver knew he could do this, he would have announced it this afternoon that Sterling had to sell the team.

There's also the consideration here that Silver is mistaken and Sterling will seek relief from the courts.

 

[islandman]

Fair point.

I'll still stand by my statement earlier that if Silver knew he could do this, he would have announced it this afternoon that Sterling had to sell the team.

There's also the consideration here that Silver is mistaken and Sterling will seek relief from the courts.

In one of the other articles, the NBA Commissioner confirmed that Sterling had admitted to being the voice on the tape.

From the NYTimes article as well:

Mr. Sterling has made no public comment about whether the voice was his, but Mr. Silver said the N.B.A.’s investigation revealed that the voice belonged to him, and that Mr. Sterling admitted that the words were his.

 

[SgtSpiderMan]

In one of the other articles, the NBA Commissioner confirmed that Sterling had admitted to being the voice on the tape.

From the NYTimes article as well:

Mr. Sterling has made no public comment about whether the voice was his, but Mr. Silver said the N.B.A.’s investigation revealed that the voice belonged to him, and that Mr. Sterling admitted that the words were his.

I don't think that was ever in doubt.

 

[islandman]

I don't think that was ever in doubt.

I prefer to confirm so as to remove all doubt.

 

[Queersetti]

Please understand, I don't support Sterling in any way.

If the contract was vague, it's not certain. It simply can't be both. If the commissioner could have made him sell the team, why didn't he just do that?

"However, sports law expert Michael McCann writes that forcing Sterling out is "unlikely to happen." McCann notes that the language in the NBA's constitution does give the NBA power to oust an owner, but "only in very limited circumstances" dealing with team finances and whether or not the owner can pay the bills."

http://www.businessinsider.com/nba-donald-sterling-sell-clippers-20144#ixzz30KIJPZye

I understand, you are just analyzing the situation.

My point was that if it comes down to a determination of what is "detrimental to the league", he is likely to lose. If 20 other team owners testify that the situation has damaged their interests, it would seem to me that such testimony would sway any court. Of course, that may not be the determinant factor in a court decision, so who knows?

 

[SgtSpiderMan]

I understand, you are just analyzing the situation.

My point was that if it comes down to a determination of what is "detrimental to the league", he is likely to lose. If 20 other team owners testify that the situation has damaged their interests, it would seem to me that such testimony would sway any court. Of course, that may not be the determinant factor in a court decision, so who knows?

Either way I find the legal ramifications fascinating.

 

[Beco]

Doesn't matter. The second the value of his team starts to decline, he'll sell faster than you can make excuses for him. And, he'll be known as a racist forever.

Welcome to capitalism. Ain't it grand? :)

When rich people are lining up to buy your billion dollar toy, creating a possible bidding war, the price will go up! The power of the market....

Grand indeed!

 

[Beco]

It's interesting that a private conversation has probably done him in.

Which is why this may be in the courts for a long, long time. Plus his wife owns 50%, he'll be dead and gone before he lets go of his team....

 

[phrodeau]

Which is why this may be in the courts for a long, long time. Plus his wife owns 50%, he'll be dead and gone before he lets go of his team....

They'll hold the trials in basketball courts, hee hee.

 

[Beco]

They'll hold the trials in basketball courts, hee hee.

What did you mean by, "those people"

 

[phrodeau]

What did you mean by, "those people"

Hawks.

Try to keep up.

 

[jeninflorida]

Hawks.

Try to keep up.

it still sucks to be you!

have you ever had a dream or goal?

 

[Sean Renaud]

When rich people are lining up to buy your billion dollar toy, creating a possible bidding war, the price will go up! The power of the market....

Grand indeed!

The price would have gone up regardless and the starting price has to be lower than it would have been if he was riding triumphantly off into the sunset after a championship year instead of being chased off the ranch by angry workers with pitchforks.

The Power of reality.

 

[Beco]

The price would have gone up regardless and the starting price has to be lower than it would have been if he was riding triumphantly off into the sunset after a championship year instead of being chased off the ranch by angry workers with pitchforks.

The Power of reality.

Why is it lower? Advertisers will come back, the players can't leave, the coach is stuck, the NBA even said, they won't allow a mass exodus of its players on that team.

So why has the price of his NBA club value declined?

 

[Sean Renaud]

Why is it lower? Advertisers will come back, the players can't leave, the coach is stuck, the NBA even said, they won't allow a mass exodus of its players on that team.

So why has the price of his NBA club value declined?

Because he's being "forced" to sell. He's not selling on his own terms (not completely at any rate and possibly not at all). That's such basic economics that I don't even understand why you would doubt it. He'll get a lot of money for it, just not as much money as he would have gotten two weeks ago selling it because he wanted to move on and not because he has to get rid of it and the sponsors will come back, but they aren't all there right now. Which means it's worth less to him and the longer people wait the lower the price will go for him. Again this is basic shit.

 

[Beco]

Because he's being "forced" to sell. He's not selling on his own terms (not completely at any rate and possibly not at all). That's such basic economics that I don't even understand why you would doubt it. He'll get a lot of money for it, just not as much money as he would have gotten two weeks ago selling it because he wanted to move on and not because he has to get rid of it and the sponsors will come back, but they aren't all there right now. Which means it's worth less to him and the longer people wait the lower the price will go for him. Again this is basic shit.

Well, first off, today, he is NOT being forced to sell anything. Second, what makes you think its a fire sale? Third, his wife owns 50%, so there are law about that sort of thing. Its complicated and I didnt expect you to fully understand the situation.

Devil is in the details, bro....

Nobody just gives away a billion dollar toy....this thing could be held up in court for years

 

[SgtSpiderMan]

Why is it lower? Advertisers will come back, the players can't leave, the coach is stuck, the NBA even said, they won't allow a mass exodus of its players on that team.

So why has the price of his NBA club value declined?

The NBA can't really control that. If Sterling still owns the team next year Chris Paul could say trade me or I go play in Europe or I sit out.