Posted on 05/28/2014 2:40:28 AM PDT by SoFloFreeper
Donald Sterling is arguing that the NBA has no right to take the Los Angeles Clippers away from him in his response to the league, even as his estranged wife says he has authorized her to sell the franchise...
(Excerpt) Read more at m.southbendtribune.com ...
From Kansas city.com:
“We do not believe a court in the United States of America will enforce the draconian penalties imposed on Mr. Sterling in these circumstances, and indeed, we believe that preservation of Mr. Sterling’s constitutional rights requires that these sham proceedings be terminated in Mr. Sterling’s favor,” the response said.
Sterling’s response to the league’s charge that he damaged it and its merchandising partners with his racist comments was delivered before Tuesday’s deadline.
He argued that there is no basis for stripping him of his team because his statements were illegally recorded “during an inflamed lovers’ quarrel in which he was clearly distraught.”
According to the response, a copy of which was obtained by The Associated Press, Sterling says V. Stiviano recorded him without his knowledge and thus the recording was illegal under California law. He also said he could not have “willfully” damaged the league because he did not know it would be made public.
“A jealous rant to a lover never intended to be published cannot offend the NBA rules,” Sterling said in the document, which was first reported by USA Today.
Read more here: http://www.kansascity.com/2014/05/28/5050515/sterling-responds-to-nba-june.html#storylink=cpy
Sterling says he's been offered $2.5 billion for the team..so why would he object to being forced to sell? Ego?
This gets interesting now, because if it’s played out in a court of law, then the illegally-taped commments are inadmissable - and they’re the whole basis of the NBA’s punishment.
And the black players can whine and threaten to walk out all they want, but in the end, they signed legal contracts, and can also be sued.
Another issue: what was the harm suffered by the NBA
What are the quantifiable losses?
Mr. Silver overreacted, in a way that makes me think the NBA was trying to pull a fast one.
They will have to do a legal dance that will make them look like MC Hammer to prevail in court.
Silver showed he could be frightened by a bunch of thugs.
What are the quantifiable losses?
*********************
Immaterial , the NBA is a non-profit entity set up for the benefit of the individual franchise owners. ,, read the NBA Constitution..
ARTICLE 2
PRINCIPLES OF ORGANIZATION
This Constitution and By-Laws constitutes a contract
among the Members of the Association. This Association is organized
to operate a league consisting of professional basketball teams, each of
which shall be operated by a Member of the Association. The
Association and each of its Members shall be subject to the oversight
and control of the Board of Governors of the Association as set forth
herein and shall be governed by the Constitution and By-Laws, rules,
regulations, resolutions, and agreements of the Association, as they
may be modified or amended from time to time. The Association shall
not be operated for profit.
The NBA will have to state at some point what their losses were.
They cannot assert them only, and be the sole arbiter, even under their constitution, which has so many holes in it, you could drive a truck through them.
If the NBA is going to revoke a franchise, it must have a legal basis to do so. It cannot be arbitrary.
With 2 billion dollars at stake, even Stevie Wonder could see this would wind up in court. In my view, the NBA would be wise to back off and settle.
Silver pulled the trigger way too soon, which makes me wonder what the real motivation for his actions were. It certainly was not to protect mom and apple pie and the American Way.
Yeah, well, I guess it would be best decided in court. Maybe the thugs can pay out the nose for lawyers. CourtTV could call it “Racists vs Thugs”....
1. Take aggressive action just to make it look like the NBA gave a sh!t about it, and to get the story out of the news.
2. Do something that would never stand up in a court of law, so the NBA could always come back later and say they tried to take aggressive action but were overruled by the U.S. legal system.
They cannot take the team. They CAN take the franchise.
The team ain’t worth poop without the franchise.
When I was a teenager, I could name every NBA, NFL, NHL, MLB champion for the past 10 years. Now I can barely remember who played in the last Super Bowl.
As far as the NBA, I cannot relate to 99% of the players.
We can only guess at Silver’s motives. However, Mark Cuban has more than an inkling based on his comments. Silver’s comments over a gay NBA player seemed more than a little self-serving.
It’s also interesting which law firm Silver was associated with and at least one of their sponsorships. The question is what does Silver and a three dollar bill have in common.
What of Jayz’s no whites allowed party?
At this party, did he kick half of his wife out?
His response to the NBA should be KMA.
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