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The Idiocy of Donald Sterling


Josh Mann

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So according to ESPN's legal expert Silver and the other owners can terminate Sterling's ownership and Sterling probably has no chance in court to fight it.

 

Sterling faces tough challenge

 

3/4 of the owners would have to vote to terminate Sterling's ownership.  I don't see that happening, not when a great many likely have attitudes similar to their fellow owner.

They may have similar attitudes, but if there's one thing rich old white guys have in common in this country, it's that they care far more about being rich than they do about being white. The more this becomes the NBA's problem, the bigger the hit to all of their profit margins they face. They'll gladly throw one of their own under the bus to keep the sponsorship dollars rolling in.

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Curious if this does go to an owner vote how private the results will be.  I mean if you are an owner that votes to keep Sterling as the owner and it comes out in public, they are big trouble as well. 

 

Funny that apparently Sterling's wife was caught on video with Donald Sterling saying that he didn't make those racist comments which is completely different than the written response yesterday. 

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Yeah the 3/4ths thing becomes a problem cause it's just like when an owner wants to move. The other owners know if they vote against the move when they are in the same boat they won't get that vote.

So interesting question would be of the 30 owners what 23 might vote to kick him out.

1: MJ

2: Paul Allen

3: Micky Arison

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So, 1/4 of 30 is 7.5.  So 7 other owners besides Sterling himself has to vote to keep him.  Considering how toxic the situation is, and with some of the recent ownership changes, it just doesn't seem to me that there'd be 7 other owners who would do that.  Maybe Dolan?  Maybe Cuban?  I guess Kohl possibly too since the Bucks deal hasn't been approved yet.

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The Houston owner coming out and saying all the players should become free agents just reeks of "let's break up this good team." 

 

He said it too? Jeff Van Gundy was the one I heard suggest it. I approve if it means, we get CP3 and Blake Griffin since we got the cap room.:)

 

Seriously though, I would think most owners would vote him out, but I don't think that's how this whole getting rid of an owner process works. I'd be shocked if that's all it took.

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I think they have to vote him out. They cannot let this continue. The Clippers have already lost many of their sponsors, do the owners want the NBA overall to start losing sponsors as well? Do the networks like ESPN want to lose sponsors? I don't believe the owners give a damn about racism but they obviously do care about their pockets.

 

I wish I could find the link but Bomani Jones on the radio earlier went HAM on this. He spoke about Sterling but in a way that brought housing discrimination to the forefront and really that IS the biggest issue out of all of this..  He spoke on Chicago's housing issues for several minutes. I've studied this in the past and it's truly awful... 

 

Everyone should be aware of what's going on out here with housing discrimination ..

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http://espn.go.com/nba/story/_/id/10851145/how-nba-respond-donald-sterling

An interesting read. Since the audio tape was illegal, the guy who did it has to come forward to authenticate it, thus opening himself to a lawsuit right?  Sterling's a pig, but it seems like any punishment would be based on that audio tape, and thus actionable. It will be a stiff fine, and short suspension, if that. . . I say that only because being racist, in and of itself, is not illegal. Its illegal to do racist things, like deny housing or what not, but being morally repugnant is not against the law. 

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So according to ESPN's legal expert Silver and the other owners can terminate Sterling's ownership and Sterling probably has no chance in court to fight it.

 

Sterling faces tough challenge

 

3/4 of the owners would have to vote to terminate Sterling's ownership.  I don't see that happening, not when a great many likely have attitudes similar to their fellow owner.

 

 

I heard them talk about this today and I wonder if the other owners would band together to get rid of Sterling in fear of owners ganging up on them if the got stuck in a Jim Irsay type situation, or a Dolan type situation with the sexual harrassment.  Still think they will go the Marge Schott route and tell him to bounce for a year and then work on him to sell the team

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Sterling's a pig, but it seems like any punishment would be based on that audio tape, and thus actionable.

 

Except that according to ESPN's legal expert:

 

 

Q: Sterling is notoriously litigious. Can he go to court to stop Silver from punishing him?

A: Not effectively. When Silver issues his punishment to Sterling, the decision is final. The constitution provides in Paragraph 24(m) that a commissioner's decision shall be "final, binding, and conclusive" and shall be as final as an award of arbitration. It is almost impossible to find a judge in the United States judicial system who would set aside an award of arbitration. Sterling can file a lawsuit, but he would face a humiliating defeat early in the process. There is no antitrust theory or principle that would help him against Silver and the NBA. He could claim an antitrust violation, for example, if he were trying to move his team to a different market. But under the terms of the NBA constitution, he has no chance to succeed in litigation over punishment.

 

As an example, the judge overseeing the NFL collusion case last year went against the NFLPA because the NFLPA agreed to the deal to penalize the Cowboys and Redskins for not colluding.  And I would say that there was much more damaging evidence in that case.

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Also, a "league insider" in Kuetsar's ESPN link says:

 

"Some people are arguing that his statements were private and that he was set up by his girlfriend. This may be true, but it misses the point that the NBA can't and won't associate with a known racist."

 

The reason that so many people know he's a racist is that his private conversation was illegally taped, but the court of public opinion doesn't care as much about that part.

 

I think he's got to be able to have some legal recourse against whoever taped the conversation or whoever released it - assuming it can be proven who those people are - but it doesn't sound like that's going to get him out of whatever the NBA decides the punishment should be.

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But as the ESPN link says sure he can fight but he will lose and lose quick cause the first judge that looks at the case will have two questions for him. 1) are you an owner of an nba team? 2) did you agree to the terms of the nba constitution? Ok case dismissed.

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He's been a known racist forever and the league has associated with him for 30+ years. The only thing that's changed is his team suddenly became great.

 

Lots of people didn't know he was a racist until this past weekend. I know I didn't. 

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Sterling's a pig, but it seems like any punishment would be based on that audio tape, and thus actionable.

 

Except that according to ESPN's legal expert:

 

 

Q: Sterling is notoriously litigious. Can he go to court to stop Silver from punishing him?

A: Not effectively. When Silver issues his punishment to Sterling, the decision is final. The constitution provides in Paragraph 24(m) that a commissioner's decision shall be "final, binding, and conclusive" and shall be as final as an award of arbitration. It is almost impossible to find a judge in the United States judicial system who would set aside an award of arbitration. Sterling can file a lawsuit, but he would face a humiliating defeat early in the process. There is no antitrust theory or principle that would help him against Silver and the NBA. He could claim an antitrust violation, for example, if he were trying to move his team to a different market. But under the terms of the NBA constitution, he has no chance to succeed in litigation over punishment.

 

As an example, the judge overseeing the NFL collusion case last year went against the NFLPA because the NFLPA agreed to the deal to penalize the Cowboys and Redskins for not colluding.  And I would say that there was much more damaging evidence in that case.

 

I doubt that would stop him from trying, but given how short his tenure so far, Silver will probably not hand down a punishment that will risk litigation anyway.  The new commish is really in a bind on this, can't be too hard or easy on him or his credibility  is shot. . . 

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I wish I could find the link but Bomani Jones on the radio earlier went HAM on this. He spoke about Sterling but in a way that brought housing discrimination to the forefront and really that IS the biggest issue out of all of this..  He spoke on Chicago's housing issues for several minutes. I've studied this in the past and it's truly awful... 

 

Everyone should be aware of what's going on out here with housing discrimination ..

 

https://soundcloud.com/904to305/bomani-jones-dis

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Deadspin has the full lawsuit against V Stiviano.   To say it's hilarious is an understatement.

 

If you don't feel like reading it, it's his wife suing his girlfriend to get the presents he gave her back.  

 

Also, Stiviano's lawyer's should win the Nobel Prize for Shade Thrown In a Lawsuit:

 

 

Donald T. Sterling, curiously not a party in this action, has flaunted that grotesque lifestyle in front of and in his wife's face for nearly their entire marriage of 50 years. The person least fooled and 0 least affected and least "robbed of her due" is Mrs. Rochelle H. Sterling.
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Herm Edwards is on ESPN right now rambling and ranting on about the situation. I don't know what he talked about.

 

But yeah. The whole situation is kinda off to me. Like why don't people just not play for the guy? Money does make the world go 'round.

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