If three-fourths of the NBA's owners vote to terminate Sterling's ownership, article 14(j) under 'Procedure for Termination' in the NBA's constitution states, "The decisions of the Association made in accordance with the foregoing procedure shall be final, binding, and conclusive, and each Member and Owner waives any and all recourse to any court of law to review any such decision."
While no article in the NBA's constitution addresses the Sterling incident specifically – racially insensitive comments he made in a recorded conversation — Article 13(d) is a catch-all violation.
That article states an owner's may be terminated if the person fails or refuses "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."
If the owners vote on this, no judge will overturn it. Game over for Sterling.
What you do for a living clean up the jizz at at video stores. You are actually stupider than GTC08. Obviously, you don't understand basic logic and how pretty much everyone has stated the challenges that exist in front of the NBA. You must look a real fucking genuis at the annual Inuit retreat, since you are right about most common sense things.
You've proven yourself to be a genuine clown. Your act is worth my time, lol. You guys act as if the NBA doesn't own itself, lol. Like they are the government. They can and will ban his ass and force him to sell and it will be quick. Most likely he will sell on his own and avoid the beat down in court.
Explain how he violated this provision. Explain how it's crystal clear that it's so obvious he violated this provision that there is no question his ownership will be take a way from him as you suggest. Please attempt to do so in a somewhat sensible and logical fashion. It's painfully obvious to everyone that had read this thread that you have difficulty piecing thoughts together but take your time on this. I know that's asking a lot.
clipp[SIZE=-1]ers mov[SIZE=-1]e to n[SIZE=-1]ext roun[SIZE=-1]d,,,,,,,, how come no colored jockey in the derby :think2:
[/SIZE][/SIZE][/SIZE][/SIZE][h=2]GAME INFO[/h] Date - Saturday, May 3 2014 10:30PM
Location - Staples Center, Los Angeles, California
Officials - #41 Ken Mauer,#14 Ed Malloy,#36 David Jones
Attendance - 19543[SIZE=-1][SIZE=-1][SIZE=-1][SIZE=-1]
[/SIZE][/SIZE][/SIZE][/SIZE]
[/SIZE][/SIZE][/SIZE][/SIZE][h=2]GAME INFO[/h] Date - Saturday, May 3 2014 10:30PM
Location - Staples Center, Los Angeles, California
Officials - #41 Ken Mauer,#14 Ed Malloy,#36 David Jones
Attendance - 19543[SIZE=-1][SIZE=-1][SIZE=-1][SIZE=-1]
[/SIZE][/SIZE][/SIZE][/SIZE]
Kareem Abdul-Jabbar fully supports Adam Silver’s lifetime ban of Clippers owner Donald Sterling for making racist comments to his girlfriend, but he says he also wants whoever is responsible for taping the comments “sent to prison.”
Writing in a strongly worded editorial piece for Time magazine, Abdul-Jabbar spoke out against the methods used to obtain evidence.
“Shouldn’t we be equally angered by the fact that his private, intimate conversation was taped and then leaked to the media?” Abdul-Jabbar wrote in Time. “Didn’t we just call to task the NSA for intruding into American citizen’s privacy in such an un-American way?
This issue is simple. This is not the government. This is a business kicking out a member that is affecting their business. They do not have to prove whether the evidence was attained legally or whether racist thoughts are mentioned in their Constitution. As this lawyer said, 13(d) is a catch-all. All the owners have to do is prove that the owner has "adversely" affected the Association. Given Sterling's past indiscretions, that will be easy to prove. It is really very simple. It's in fact so simple that I bet there is a 99% chance that he will sell on his own or buy time by giving it to a family member and stepping down as owner. He would stand no chance in court.
Let me ask you a question SEC, since you seem to be a legal expert. There is nothing in the NBA Constitution that mentions that owners cannot join racist organizations. So if an owner became a member of the KKK, which is not illegal, would the NBA be able to force him to sell the team? And if they did what provision would they use?
I know this is a more extreme example but I just want to know if you think the NBA would be able to kick the owner out and why.
I know this is a more extreme example but I just want to know if you think the NBA would be able to kick the owner out and why.
Nobody has said he would win court.
What everyone except yourself is stating is that this could be a long drawn out process, if Sterling chooses to fight it, it could take a while. However, you seem to know real-life better than everyone else here, so please let us know, your legal knowledge supersedes lawyers/law professors and other legal experts.
are ratings down? are revenues down? seems as if his team is one of the more popular teams in the league? what is the "adverse impact again?
is it ethics? can the other owners stand up to some pure ethical standard if that's the argument they try to make? Do you think any of them have made embarrassing statements? how about calling out the refs implying they cheat? Precedence in a very important legal standard
racism? he went out of his way to hire a black coach, he has been and was about to be awarded businessman of the year by the LA NAACP. My guess he can easily defeat that argument
I'm playing devils advocate here, but I just don't see this case as a slum dunk at all. Saying something stupid does not outweigh actions, and I suspect hurting someone's feelings is far from unprecedented among NBA owners. I'll bet he can come up with a few inappropriate racial remarks they may have made too.
