Should be coming out today after lunch. I'm interested to see what they come up with, especially with this being the new Commish's first major headache.
Be interesting to see.
Be interesting to see.
Anyone interested in the NBA ruling on Sterling?
- Thread starter 57stratdawg
- Start date
What can they really do?
You cant force someone to sell an asset. You could suspend him from games or fine him, but I doubt he would care.
You cant force someone to sell an asset. You could suspend him from games or fine him, but I doubt he would care.
Wow, I dunno if that's legal or not, but that would be a swift kick in the balls for sure. I saw a big listing of the corporate sponsors that have pulled out from the organization already - I think they'll likely pressure him into selling it, or at least selling a majority stake in it.
They can't do much to him. He is constitutionally protected in the US to say whatever he damn well wants no matter how stupid or racist it is unfortunatly. The NBA whiffed on getting rid of him when he actually BROKE laws and had to pay millions to the justice department. It's the NBA's own damn fault they are still having to deal with the miserable bastard. But they can't really do a whole lot to a guy how said what he said in the confines of his own house while he was being taped against his knowledge.
Not so much interested in the comments or situation as a whole, but I'm highly interested in seeing how Silver rules on it. Regardless of how people feel about Sterling before or after the comments, I just don't know how you hand sanctions to a guy due to the fact that he doesn't want to be around black people.
Whatever the case, I am anxious to see how the new commish handles it. You can rest assured that Sterling's lawyers will file a lawsuit against the NBA as soon as any kind of sanction comes out.
Whatever the case, I am anxious to see how the new commish handles it. You can rest assured that Sterling's lawyers will file a lawsuit against the NBA as soon as any kind of sanction comes out.
I think the first amendment protects speech etc from government (it starts with "Congress shall make no laws") so it has no jurisdiction over what the NBA (a private entity) can do.
I could be wrong, but in this case I think the NBA could basically force him to sell.
If he said it in a press conference or something that was directed at the population then sure. But this was him being recorded in his own house against his knowledge.
Also, would making him sell a team that could be worth more than 1,000,000,000 bucks really be punishing him?
The best thing is to let the market handle it.
Also, would making him sell a team that could be worth more than 1,000,000,000 bucks really be punishing him?
The best thing is to let the market handle it.
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I frankly don't care for the NBA period. Haven't for years.... It was inappropriate what he said, but as rabiddawg said, stupid people say stupid things. His words, while some may find offensive, were not a crime. However the media and PC Police will drag this on for weeks...
And this is how the market will penalize him. If he is to feel any heat from this it will have to be by his franchise taking a hit. Even though they are an innocent bystander that is the only way you will make him pay because what he said was not illegal. I'm interested to hear if any of the Clippers players have come out on record as being injured by his comments. I know players for other teams have and some have said that they will be acting as the voice of he players on his team. But until his players openly complain about him I don't think there is a lot the NBA can do to him.
Personally, I feel like Silver has two options
1) Try to somehow link his recent comments together with prior occurrences and make a claim that his pattern of behavior provides too much risk for an NBA owner. At that point, either suspend him or try to force him sell altogether. For the record, I just don't see this happening
2) As horrible as the comments were, explain that there is nothing that the NBA can do at this time. However, note that the team's economics will be heavily monitored during a future unspecified amount of time and if it is determined that their financials are being negatively impacted, then possible sanctions will be considered at that time
Maybe the above two scenarios don't hold water, but I just don't know what else the NBA can do without being immediately sued afterwards. Like you said, let the market handle it and if the key stakeholders(fans, players, and coaches) end up doing nothing, then I'd start to question why we're even talking about this.
1) Try to somehow link his recent comments together with prior occurrences and make a claim that his pattern of behavior provides too much risk for an NBA owner. At that point, either suspend him or try to force him sell altogether. For the record, I just don't see this happening
2) As horrible as the comments were, explain that there is nothing that the NBA can do at this time. However, note that the team's economics will be heavily monitored during a future unspecified amount of time and if it is determined that their financials are being negatively impacted, then possible sanctions will be considered at that time
Maybe the above two scenarios don't hold water, but I just don't know what else the NBA can do without being immediately sued afterwards. Like you said, let the market handle it and if the key stakeholders(fans, players, and coaches) end up doing nothing, then I'd start to question why we're even talking about this.
You couldn't be more wrong. The first amendment absolutely protects Sterling from losing his property for private speech. He doesn't work for the NBA, he OWNS a team associated with other teams (hence the name National Basketball Association). They could vote to remove the Clippers from the league. But that won't happen because...
If you think the owners are going to set the precedent that their private conversations can cause them to lose their billion dollar investment, you are absolutely crazy. What he said was despicable. But you can't take away the Clippers any more than you could take away his house. He owns that team. It's his. The commissioner works for Donald Sterling and the other 29 owners. Don't forget that.
All the people anxious to see the team taken away ought to take a step back and think about what that means. Our laws aren't designed to protect the people that agree with you. They are designed explicitly to protect those with whom you disagree. Again, what he said was gross. But it wasn't illegal.
If you think the owners are going to set the precedent that their private conversations can cause them to lose their billion dollar investment, you are absolutely crazy. What he said was despicable. But you can't take away the Clippers any more than you could take away his house. He owns that team. It's his. The commissioner works for Donald Sterling and the other 29 owners. Don't forget that.
All the people anxious to see the team taken away ought to take a step back and think about what that means. Our laws aren't designed to protect the people that agree with you. They are designed explicitly to protect those with whom you disagree. Again, what he said was gross. But it wasn't illegal.
Suspension, & $2.5Mil. fine.
...
Banned for life, and $2.5 mil
NBC had reported $5mil.
...
Banned for life, and $2.5 mil
NBC had reported $5mil.
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Cut that $1billion in half and you have their current estimated value.
You were only half a billion off- not too far.
You were only half a billion off- not too far.
Who is claiming it to be a crime?
If there is an ethics/behavior/conduct clause in team ownership, and Sterling's comments violate the wording of that clause, then there ya go.
Seriously, I have been bombarded with this story going on 4 days now and I haven't seen anyone on TV or read any articles that suggest Sterling committed a crime. Just don't even bring that into the discussion.
Sterling is a well respected lawyer, and if the owners band together and say "sell the team" he can sue based on antitrust laws. He's no dummy.
This is America dammit. Everything is market driven. You can say these types of things all day long, but your wallet is going to suffer and you'll eventually have to sell because of it. The Clippers lost all corporate sponsors, they won't be able to sign any free agents, and the politically active season ticket holders aren't going to renew. That's his penalty. If you'd have it any other way you can move to China.
This is America dammit. Everything is market driven. You can say these types of things all day long, but your wallet is going to suffer and you'll eventually have to sell because of it. The Clippers lost all corporate sponsors, they won't be able to sign any free agents, and the politically active season ticket holders aren't going to renew. That's his penalty. If you'd have it any other way you can move to China.
They won't be taking his property. They will be forcing him to sell it. As long as Sterling is able to get fair market value for the team, then he really isn't damaged at all. Sounds like the NBA allows an owner to be squeezed out if 3/4 of the other owners agree. I agree with you that it sounds a little outrageous to squeeze someone out just because you don't like them. I would prefer for them to be able to show true damage to the league based on sponsor losses or fan boycotts or whatever. But, it also sounds like Sterling is admitting that the recordings were his and also represent his personal views.
There's not going to be a constitutional issue here. There is going to be some clause in the league agreement that allows owners to be forced to sell (or forced out of the legaue if they don't, which is the same thing) in some situations. The language will provide a very general standard with a very high bar. Like "threaten long term health of the association" or something. They are probably going to litigate over this regardless. Normally an owner like Sterling would use the threat of litigation to extract a premium price for his team, but Sterling probably won't accept anything reasonable. The Clippers provides him status that another $1B won't. The only chance of getting him to leave without violation is probably a boycott by the players. That will either strengthen the league's case or threaten the value of the franchise enough that Sterling will voluntarily sell.
New commish just went full Steinbrenner on him.
So now his wife gets control of the team? Just remember: you can be as discriminatory as possible for decades in your business practices, just don't vocalize your prejudices to your cleat-chasing gold-digging girlfriend.
Just think: if David Stern hadn't vetoed that CP3 to the Lakers trade, this probably wouldn't have happened.
You lie down with dogs, you get fleas.
So now his wife gets control of the team? Just remember: you can be as discriminatory as possible for decades in your business practices, just don't vocalize your prejudices to your cleat-chasing gold-digging girlfriend.
Just think: if David Stern hadn't vetoed that CP3 to the Lakers trade, this probably wouldn't have happened.
You lie down with dogs, you get fleas.
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The government is going to do anything to him, so don't whine about "moving to China". Its up to the other owners. If they think that his comments are likely to harm the league as a whole, then they can vote him out. Its a little dangerous, since it was a private conversation that was probably recorded illegally, and I'm not sure these guys want to make it easy to just vote another owner out. But, Adam Silver seems to think its going to happen...
Yep. Corporations remove board members all the time for lots of reasons.
The Clippers are not a multi hundred million dollar asset without the NBA. He basically owns part of a collective. Hence the name association. He receives a massive benefit from being part of the NBA and they have all the power in the world to cut ties with someone who is damaging the brand. Just as board members get voted out and sell stock, he'll get voted out and sell his team. End of story. And free speech issues? C'mon people. He's not going to jail for saying what he said. He's not having his assets assumed by the government. He'll even have a court of law to fight this in.
The Clippers are not a multi hundred million dollar asset without the NBA. He basically owns part of a collective. Hence the name association. He receives a massive benefit from being part of the NBA and they have all the power in the world to cut ties with someone who is damaging the brand. Just as board members get voted out and sell stock, he'll get voted out and sell his team. End of story. And free speech issues? C'mon people. He's not going to jail for saying what he said. He's not having his assets assumed by the government. He'll even have a court of law to fight this in.
Good luck suing a legal monopoly with anti-trust laws. The Supreme Court ruled on these sports monopolies a long time ago. They have limited anti-trust immunity when it comes to player compensation and ownership rights. If Sterling signed a contract that allows the owners to vote him out he will not be getting any help from the courts. Doesn't mean he won't sue though, this guy loves attention. Good or bad.
If the Clippers sell for a dime less than market value he has a case.
This isn't any different than the usual executive ouster when they say something completely moronic, except Sterling has a $300m stake in this business. I just don't think it's as cut and dry as some of you are trying to make it. You can't just tell a guy he can't own a team anymore. You can sway him and try to convince the other owners to force him out, but if it was that easy a lot of owners would be long gone.
At the end of the day if he sells or not is going to be based on public opinion and an image he can't overcome.
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His ownership is governed by the NBA Constitution, which is not a public document. Apparently, there is a paragraph that allows the other owners to vote someone out, but we don't have access to the terms of that paragraph, and what type of circumstances apply to such an ouster. Like I said, I think the owners would be a little uncomfortable voting him out just for these comments and it wouldn't surprise me at all for him to sue if he is voted out. But, without access to the terms of that constitution it will be tough to speculate on the viability of such a suit.
Shoot, this is just wild speculation, but what if Magic Johnson colluded with the GF to get the tape released so that he would swoop in with an ownership group and buy the Clippers? That would certainly create grounds for a lawsuit.
I'm just saying, yes, apparently the NBA has a process for voting out an owner and forcing him to sell. There are no Free Speech or other Constitutional issues at play here....this will strictly be a question of the terms of their bylaws and constitution, and whether the owners have the sack to vote him out without first seeing if he has truly damaged the league in some way.
Shoot, this is just wild speculation, but what if Magic Johnson colluded with the GF to get the tape released so that he would swoop in with an ownership group and buy the Clippers? That would certainly create grounds for a lawsuit.
I'm just saying, yes, apparently the NBA has a process for voting out an owner and forcing him to sell. There are no Free Speech or other Constitutional issues at play here....this will strictly be a question of the terms of their bylaws and constitution, and whether the owners have the sack to vote him out without first seeing if he has truly damaged the league in some way.
Bingo. Folks don't understand franchise value in the NBA.
Sterling is luky he had the NBA to prop up his loser franchise for so long. If you want to nickel and dime it, he probably owes the NBA a check if you count the subsidized income he's been funnelled all these years and the things he's been able to enjoy as a member team of the NBA. To put it in terms the "free speech" folks can understand - the NBA functions more like the USSR than it does the USA. 80% of the teams are propped up by 20% of the teams that create the value. The NBA giveth and it can taketh away.
Sterling is luky he had the NBA to prop up his loser franchise for so long. If you want to nickel and dime it, he probably owes the NBA a check if you count the subsidized income he's been funnelled all these years and the things he's been able to enjoy as a member team of the NBA. To put it in terms the "free speech" folks can understand - the NBA functions more like the USSR than it does the USA. 80% of the teams are propped up by 20% of the teams that create the value. The NBA giveth and it can taketh away.
Guess not in today's NBA ...
Donald Sterling will be suspended for life and fined $2.5 million following racist remarks he made in a recorded audio clip.
Donald Sterling will be suspended for life and fined $2.5 million following racist remarks he made in a recorded audio clip.
I don't
see how in the world they can expect to collect one penny from the man. Especially if they take the team and ban him. I'd tell them to get 17ed, at that point.
see how in the world they can expect to collect one penny from the man. Especially if they take the team and ban him. I'd tell them to get 17ed, at that point.
I couldnt be be more wrong, huh? BUMP.
From ESPN:
NBA commissioner Adam Silver said he will try to force the controversial owner to sell his franchise. Sterling also was fined $2.5 million, and Silver made no effort to hide his outrage over the comments.
"I fully expect to get the support I need from the other NBA owners I need to remove him," Silver said.
So come on back to the discussion CookieMonster and eat your crow.
For what it's worth, many people for whatever reason don't understand the 1st amendment and what it protects.
That's not how the first amendment works
And the taped against his knowledge would only matter if you are trying to admit it into evidence in court, it's fair game here.
And the taped against his knowledge would only matter if you are trying to admit it into evidence in court, it's fair game here.
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Cookie is one of the way too many Americans who don't know the constitution
And certainly don't know how it works. The nba can absolutely force an owner to sell, just as they can tell someone who they may sell it to, or who they may not.
And certainly don't know how it works. The nba can absolutely force an owner to sell, just as they can tell someone who they may sell it to, or who they may not.