Donald Sterling Banned for Life

[phan52]

Sorry, but to be perfectly honest @phan52 ... I don't understand what you are saying.  Because I'm pretty sure we're on the same side of this argument, but this post sort of sounds like you're disagreeing/arguing with me.  Can you elaborate?

You're right, I misinterpreted your post, particularly the last sentence. We are totally on the same page.

[Spyder]

I guess this thread will come back to life now with today's report being that Sterling is refusing to pay his fine and he is also threatening to sue the NBA if his punishment is upheld and not rescinded/lowered. I knew this guy would not fade away. The old bastard has nothing else better to do and now he'll just sit back and write checks to fight this out for a year, or years.

[David in FL]

I guess this thread will come back to life now with today's report being that Sterling is refusing to pay his fine and he is also threatening to sue the NBA if his punishment is upheld and not rescinded/lowered. I knew this guy would not fade away. The old bastard has nothing else better to do and now he'll just sit back and write checks to fight this out for a year, or years.

I said it back on page 1 of this thread, and I'll say it again.  This is NOT going to end well for the NBA......

[boogielicious]

I said it back on page 1 of this thread, and I'll say it again.  This is NOT going to end well for the NBA......

Or Sterling.  More crap is going to surface about this guy that will make him look like a Klan member.

[newtogolf]

I said it back on page 1 of this thread, and I'll say it again.  This is NOT going to end well for the NBA......

I agree, sad part is that the media will twist the facts and the delivered message will be he got off because he's rich and white.  Nothing regarding Sterling's right to privacy in his home, two party consent laws or the NBA's failure to follow a consistent process or penalty will be discussed.

I think Sterling is a stupid racist, he should be punished but punishment should be based on supportable and legally obtained evidence.

[phan52]

I agree, sad part is that the media will twist the facts and the delivered message will be he got off because he's rich and white.  Nothing regarding Sterling's right to privacy in his home, two party consent laws or the NBA's failure to follow a consistent process or penalty will be discussed.

I think Sterling is a stupid racist, he should be punished but punishment should be based on supportable and legally obtained evidence.

By-laws are by-laws and they do not necessarily require the same legal baselines as a court of law. I know that from being on the board at my golf club a few years back when we suspended and then booted a member. He was going to sue, but we followed the guidelines of the by-laws to a "T" and he finally gave up.

Sterling is seriously damaging the brand. He will fight this in court and it will last a long time but, as long as the owners don't deviate from the prescribed guidelines of their by-laws, I am assuming he will lose.

[Golfingdad]

Quote:

Originally Posted by David in FL

I said it back on page 1 of this thread, and I'll say it again.  This is NOT going to end well for the NBA......

And I disagreed with you on page one, and I will again here.  The NBA is going to be fine.  Had they not done what they did, banning him and attempting to force him out of the league, then I think they'd have been in trouble, considering the player boycotts, and who-knows-what-else that may have followed.

When (IF!!) you turn out to be right, I will glady eat the crow (tastes like chicken, right??) I'm due.

Here's a few excerpts from espn.com article today ...

Quote:

Sterling's lawyer has informed the NBA that Sterling will not be paying the $2.5 million fine levied against him last month by commissioner Adam Silver, sources confirmed to ESPN.com on Thursday night.

That fine was due this week, according to a source with knowledge of the situation.

In a letter sent on Sterling's behalf, antitrust litigator Max Blecher also threatened to sue the league if Sterling is not afforded due process.

Notice that the info is all directly from his lawyer.  Sterling himself is already on the record as saying something about being old and not wanting to waste time and money fighting this.  Obviously he is allowed to change his mind, but it's also possible that somebody he is getting help in that arena.

Quote:

According to the NBA bylaws, Sterling's ownership also could be terminated if he does not pay the fine within 30 days of written notice from the commissioner that he is in default on the payment.

The NBA's constitution, which Sterling signed as controlling owner of the Clippers, gives its board of governors broad latitude in league decisions.

The key to the NBA's authority, attorneys say, is Article 13(d) of the league's constitution. That section says that, whether Sterling intended to or not, an owner cannot "fail or refuse to fulfill" contractual obligations to the NBA "in such a way to affect the Association or its members adversely."

Quote:

As long as the NBA meticulously follows its own constitution and rules regarding the Clippers sale, it will be difficult for Sterling to find a legal theory that would stand up in court, said Daniel Lazaroff, director of the Sports Law Institute at Loyola Law School in Los Angeles.

"This is not an antitrust issue. This is not a First Amendment issue," Lazaroff said. "It's a question limited to the interpretation of the NBA constitution and bylaws, and whether those terms are met."

I really don't see how this would end poorly for the NBA.  They have everything on their side.  The law AND the court of public opinion.  Plus, Sterling has always seemed to be about money, so he could certainly try and spend a lot of it and be vindictive or ...

Quote:

If he is forced out, Sterling still stands to reap a huge financial windfall in a Clippers sale. He bought the team for $12.5 million in 1981, and Forbes magazine recently placed its 2014 value at $575 million, or No. 13 in the NBA. There would be a sizable capital gains tax bill in any sale.

LOL at the cliche "Ah, but the taxes'll kill ya!" comment at the end.

Quote:

Originally Posted by newtogolf

I agree, sad part is that the media will twist the facts and the delivered message will be he got off because he's rich and white.  Nothing regarding Sterling's right to privacy in his home, two party consent laws or the NBA's failure to follow a consistent process or penalty will be discussed.

I think Sterling is a stupid racist, he should be punished but punishment should be based on supportable and legally obtained evidence.

I doubt it, because he's not "getting off" of anything.  This isn't a criminal situation, it's a business thing.  Also, the other side is a bunch of rich guys, many of whom are probably also white.  How could the media say "He won because he's rich and white," if the people who lost were as well?

And, note the quotes above.  This isn't about the US law, it's about the NBA constritution and by-laws, so I don't think that "supportable and legally obtained evidence" has anything to do with anything.

P.S.  Sorry ... I took too long to post so I ended up basically repeating what @phan52 said.

[newtogolf]

By-laws are by-laws and they do not necessarily require the same legal baselines as a court of law. I know that from being on the board at my golf club a few years back when we suspended and then booted a member. He was going to sue, but we followed the guidelines of the by-laws to a "T" and he finally gave up.

Sterling is seriously damaging the brand. He will fight this in court and it will last a long time but, as long as the owners don't deviate from the prescribed guidelines of their by-laws, I am assuming he will lose.

They have had incidents in the past where players in the NBA made racially offensive comments about Chinese players and the penalty wasn't near the magnitude of what Sterling has been hit with.

I agree the wording of by-laws takes precedence over local laws as long as the by-laws themselves don't violate any laws.  That said, the by-laws must have some litmus test for what can and can't be used as evidence in proving violation of by-laws.   It's clear that V recorded these comments to either blackmail or extort  money from Sterling and either she or her friend decided to cash in the recording by selling it to TMZ.

If Sterling said these things during an owners meeting, in a press conference or even in a public place where he had reasonable suspicion to believe he might be recorded I wouldn't have an issue with it, but he was in his home, speaking to his girlfriend and had no reason to believe he was being recorded (according to the interview V did).  The NBA would not have any proof of the statements without someone breaking the law to acquire it and on those grounds it shouldn't be used against Sterling.  I also think V and her friend should be arrested and fined for profiting from illegal activity.

[MS256]

This isn't about the US law, it's about the NBA constritution and by-laws, so I don't think that "supportable and legally obtained evidence" has anything to do with anything.

P.S.  Sorry ... I took too long to post so I ended up basically repeating what @phan52 said.

Yeah I can't see the argument to not use illegally obtained evidence. Anyone would use illegally obtained evidence once it became public (at least I would hope they would) under many circumstances.

In some cases it might even be irresponsible to not use it.

Extreme case scenario: Lets say that someone runs a child day care center and finds out an employee is a child molester. Evidence was obtained through an illegal recording and broadcast to the public, but the owner had no part in obtaining it.

IMO it would be completely irresponsible to not act on the information and immediately dismiss the employee. I even would expect the owner would have a hard time avoiding being held negligent in a civil case for keeping the employee if something happened to one of the kids.

[boogielicious]

By-laws are by-laws and they do not necessarily require the same legal baselines as a court of law. I know that from being on the board at my golf club a few years back when we suspended and then booted a member. He was going to sue, but we followed the guidelines of the by-laws to a "T" and he finally gave up.

Sterling is seriously damaging the brand. He will fight this in court and it will last a long time but, as long as the owners don't deviate from the prescribed guidelines of their by-laws, I am assuming he will lose.

Excellent point @phan52 .  Sterling may get a counter suit or at least a lot more details will come out to damage him.

[Ernest Jones]

By-laws are by-laws and they do not necessarily require the same legal baselines as a court of law. I know that from being on the board at my golf club a few years back when we suspended and then booted a member. He was going to sue, but we followed the guidelines of the by-laws to a "T" and he finally gave up.

Sterling is seriously damaging the brand. He will fight this in court and it will last a long time but, as long as the owners don't deviate from the prescribed guidelines of their by-laws, I am assuming he will lose.

FWIW, I heard him on the radio the other day and he claimed he would not initiate a legal battle as he did not see what good would come out of it, especially given his age. He begged for forgiveness and a second chance.

Maybe he'll change his tune if he doesn't get his forgiveness or maybe he means it. Who knows.

[JetFan1983]

I dunno what will happen, but my personal hope is that Sterling loses. Like @phan52 said, he is damaging the brand badly. He's gotta go.

It also stinks that as an NBA fan, when the season ends, all off-season news will likely revolve around this fiasco. So that means my ESPN watching will likely have to take a hit this summer.

[newtogolf]

If the NBA is really concerned with justice being served they will make a statement that it is an internal issue and they will not be making any further comments until the issue is resolved.  The banter between the NBA and Sterling serves no purpose at this point but to feed the media machine.

[Golfingdad]

If the NBA is really concerned with justice being served they will make a statement that it is an internal issue and they will not be making any further comments until the issue is resolved.  The banter between the NBA and Sterling serves no purpose at this point but to feed the media machine.

I admit I have not been paying super close attention, but I haven't seen or heard anything from the NBA other than the press conference when they banned and fined him a couple of weeks ago.  What banter are you referring to?

[newtogolf]

I admit I have not been paying super close attention, but I haven't seen or heard anything from the NBA other than the press conference when they banned and fined him a couple of weeks ago.  What banter are you referring to?

I was referring to the threats that players would boycott, NBPA's article about Lebron refusing to play,  And Silver's response to the Sterling interview;

“I just read a transcript of Donald Sterling’s interview with Anderson Cooper,” Silver said in the statement, “and while Magic Johnson doesn’t need me to, I feel compelled on behalf of the N.B.A. family to apologize to him that he continues to be dragged into this situation and be degraded by such a malicious and personal attack.”  Silver added, “The N.B.A. Board of Governors is continuing with its process to remove Mr. Sterling as expeditiously as possible.”

[phan52]

An interesting thing about this announced sale to Steve Ballmer is the timing. The owners most likely will not need to vote on Sterling's ouster. I am sure that was something some of them wanted to avoid.

[newtogolf]

An interesting thing about this announced sale to Steve Ballmer is the timing. The owners most likely will not need to vote on Sterling's ouster. I am sure that was something some of them wanted to avoid.

Agreed, I think they will delay the meeting to ensure that both Sterlings have no involvement in the Clippers after the sale to Ballmer.  I see a bit of irony here in that the net result of Sterling being a racist idiot is that he's walking away with $2B, not sure many will feel vindicated but the NBA got their way.

[jamo]

I see a bit of irony here in that the net result of Sterling being a racist idiot is that he's walking away with $2B, not sure many will feel vindicated but the NBA got their way.

Not exactly sure I see the irony. He (or his heirs), were going to see that money at some point. He owns the team. With the way the NBA has been growing recently, they/he probably would have seen even more money had this incident not occurred.