“Blecher does not explain how he intends to prove Sterling’s racist remarks captured on the secret recording — followed by Sterling’s incendiary remarks to Anderson Cooper about Magic Johnson — do not give rise to unethical conduct or positions adverse to the NBA.”
I’m not a lawyer, but I bet I could come up with some decent reasons with about 5 minutes of effort.
Article 13(d) says:
” The Membership of a Member or the interest of any Owner may be terminated by a vote of three fourths (3/4) of the Board of Governors if the Member or Owner shall do or suffer
any of the following:
(d) Fail or refuse to fulfill its contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely. “
How does that apply to a private recording? When did Sterling fail to pay a player?
Other options: Say the NBA is inconsistent in enforcement, say he took no public adverse action, etc...
They could, but I believe that the NBA would have to prove that Sterling intended to do so and that would be the hard part. Willfully violate any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association.