Donald Sterling, Clippers Owner, Banned For Life, Fined $2.5M

[ABQCOWBOY]

He'll be fine. He can go back to discriminating against Black and Latino Americans in his rental properties that he owns, saying that they smell and attract vermin, and calling Latinos lazy people who smoke and drink all day.

Oh, he'll fine alright. If he takes to court, I think he has a case. What will not be fine may be the league. I am really shocked that they took this this far. I think this exposes the NBA and I don't know the consequences of how much.

 

[casmith07]

I think the NBA as an entity can do that, written in by-laws, contracts and what not. You are correct that his wife could theoretically keep the team, but is she an owner on paper? I don't know.

I would bet on one thing.......Silver had enough verbal commitments from the other owners to get well past the 75% mark to get him out.

Bingo. 75% is an extremely low threshold, too.

 

[Eric_Boyer]

You make no sense. Tolerating racist remarks is condoning racism. If you don't believe that, then you don't understand racism.

I long gave up on predicting how courts will work, but it is hard to imagine this sticking.

In essence, a person is being penalized for his thoughts.

Long ago, if people openly expressed support for homosexuality, or interracial marriages, they were publically ostracized for sharing thoughts so outside the realm of acceptable thought.

You are doing the same. the difference is not as great as you think it is. Someone said things that the public at large find to be disgusting and the pitchforks are gathering.

 

[casmith07]

Oh, he'll fine alright. If he takes to court, I think he has a case. What will not be fine may be the league. I am really shocked that they took this this far. I think this exposes the NBA and I don't know the consequences of how much.

The NBA will be fine.

 

[ABQCOWBOY]

What's legal and what isn't legal gets significantly blurred when you start going to associations that are collectively bargained.

Adam SIlver also only said that he would be urged to sell, not that he would be forced. Not sure where you're getting that information from.

This is a LOT better for Sterling than the alternative, which is the NBA terminating the franchise, thereby barring him from even recovering any profits from any sale as well.

I'm sure he will be but if he elects not to sell, that all changes.

 

[casmith07]

I long gave up on predicting how courts will work, but it is hard to imagine this sticking.

In essence, a person is being penalized for his thoughts.

Long ago, if people openly expressed support for homosexuality, or interracial marriages, they were publically ostracized for sharing thoughts so outside the realm of acceptable thought.

You are doing the same. the difference is not as great as you think it is. Someone said things that the public at large find to be disgusting and the pitchforks are gathering.

Did you imagine the blatant, overt subversion of antitrust statutes sticking against the Cowboys and Commanders?

 

[casmith07]

I'm sure he will be but if he elects not to sell, that all changes.

If he elects not to sell, they'll vote to terminate the Clippers franchise. Which is probably an attractive option for many of the league's owners -- freedom to negotiate new deals with all Clippers players as immediate free agents, and the league itself gets a free pass to bring back the Seattle Supersonics.

 

[ABQCOWBOY]

The NBA will be fine.

That remains to be seen. I am not a lawyer but I find this very hard to believe, that there are no legal consequences for something like this.

 

[Manwiththeplan]

The Clippers won't be terminated. Way to valuable of a franchise. If they go that route, the league would have the team appraised, pay him that value and find someone to buy it at a latter date.

 

[ABQCOWBOY]

If he elects not to sell, they'll vote to terminate the Clippers franchise. Which is probably an attractive option for many of the league's owners -- freedom to negotiate new deals with all Clippers players as immediate free agents, and the league itself gets a free pass to bring back the Seattle Supersonics.

I don't think it's that simple.

 

[casmith07]

That remains to be seen. I am not a lawyer but I find this very hard to believe, that there are no legal consequences for something like this.

As I said before - when you agree to collectively bargain, and essentially remove your entity and your ownership of an organization from availment to standard US business practices, you blur those lines.

The Cowboys/Commanders uncapped year penalty is a prime example.

 

[casmith07]

The Clippers won't be terminated. Way to valuable of a franchise. If they go that route, the league would have the team appraised, pay him that value and find someone to buy it at a latter date.

No - if the franchise is terminated for violations of the league constitution its simply that - termination. He gets nothing. It's not termination of his ownership, it's full out franchise termination.

 

[Stryker44]

Sad day where a man faces draconian punishment for having views that are counter to mainstream thought.

 

[Manwiththeplan]

If he elects not to sell, they'll vote to terminate the Clippers franchise. Which is probably an attractive option for many of the league's owners -- freedom to negotiate new deals with all Clippers players as immediate free agents, and the league itself gets a free pass to bring back the Seattle Supersonics.

That isn't as practical as you think. While CP3, DeAndre Jordan and Griffin will likely exceed the value in their contracts, what happens when no one wants to pay Matt Barnes the $10 million he is owed, or any other players with inflated contracts? Make the league less valuable and still have to garuntee the pay roll? Not happening.

 

[Manwiththeplan]

No - if the franchise is terminated for violations of the league constitution its simply that - termination. He gets nothing. It's not termination of his ownership, it's full out franchise termination.

Again, this would be the league cutting it's nose of to spite it's face. Their are other options that don't involve losing value and aren't as risky from a legal stand point, because I can't see this going down with out Sterling getting the value of the team.

 

[ABQCOWBOY]

There has to be way more to this.

 

[TheCount]

A few couch lawyers in here, I see.

If you believe that Adam Silver, a former lawyer, just arbitrarily decided to ignore all the rules and bylaws of the U.S. and the league he governs to ban one bigot, you aren't giving the guy enough credit.

Reminds me of when Goodell fined us and the Commanders and there were a bunch of people claiming it was illegal and that Jerry was gonna sue the league, etc, etc etc. How'd that one turn out?

 

[casmith07]

Again, this would be the league cutting it's nose of to spite it's face. Their are other options that don't involve losing value and aren't as risky from a legal stand point, because I can't see this going down with out Sterling getting the value of the team.

I don't think so. Removing the team from the league and then offering an expansion team to begin play in Seattle in fall 2014 would be a boon to the league. Clippers fans would go back to rooting for the Lakers like they did forever, and Seattle would get a basketball team.

They have a lot of latitude for this sort of thing, and might have even more than we know since the NBA's bylaws are in fact confidential -- the 75% voting for termination and everything else is purely speculation, I've learned. We have no idea what power the owners and the league hold.

 

[casmith07]

A few couch lawyers in here, I see.

If you believe that Adam Silver, a former lawyer, just arbitrarily decided to ignore all the rules and bylaws of the U.S. and the league he governs to ban one bigot, you aren't giving the guy enough credit.

Reminds me of when Goodell fined us and the Commanders and there were a bunch of people claiming it was illegal and that Jerry was gonna sue the league, etc, etc etc. How'd that one turn out?

I prefer the term Holiday Inn Express lawyers, hehe..."I'm not a lawyer, but I did stay at a Holiday Inn Express last night."

 

[Hoofbite]

This is more then just banning. This ruling says that he can not profit from his franchise, which he bought and paid for. This, I think, might be trouble for the NBA.

I doubt there'll be much trouble at all.