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.
Ok. So this is the provision you are relying upon right?
The odds that you actually understand what this provision means are slim to none so I'm going to try and spell this question out as best I can so that even someone like you can attempt to answer it. My guess is that it will still be to no avail. The provision reads:
Termination of Ownership or Membership
The membership of any member or interest of any owner may be terminated by a vote of three fourths (3/4) of the Board of Governors if the ember or owner shall do or suffer any of the following:
(d) fail or refuse to fill its contractual obligations to the Association, it's Members, Players, or any other third party in such a way as to affect the Association or it's Members adversely.
Try to read that and actually understand what it means. A plain reading of this provision requires two things before the owners would even be allowed to vote.
First, Sterling has to have breached a "contractual obligation" that he owed to one of the parties listed in the provision. Hint, to breach this "contractual obligation", the NBA is going to have to point to whatever contract it is that you are alleging he breached. In other words and to try and spoon feed this to you, this would be a contract in writing that Sterling breached if this is indeed the provision you are relying upon.
Second, and only after finding the above, the NBA would then need to show that Sterling's failure to meet his "contractual obligations" have adversely affected the NBA.
So for you to state that all this provision requires is showing that his comments had an adverse impact in the nba is simply incorrect.
Finally, perhaps your most tenuous argument, that if the NBA owners voted him out (but only getting the right to have such a vote after proving the two prongs above), that it would be very quick and dismissed right away is also incorrect and shows your complete lack of knowledge in the judicial system and how the courts operate.
First, you stated earlier in this thread that he likely wouldn't even seek legal recourse because his attorneys would advise him that he would lose. That's stupid. If a billionaire walks into a high profile attorney's office (or any attorney for that matter) and says he would like to hire you for a lengthy intense litigation battle where the attorney fees could easily reach 7 figures, the attorney/firm is not going to talk him out of it. Pretty damn simple.
Second, you seem to think once the suit is filed, a judge looks at it right away and makes a decision as to dismiss it or not. There will be a lot of legal battles, motion hearings and discovery well before a judge would even get the opportunity to dismiss the case.
The discovery mentioned above is important. If the nba tried to terminate his ownership using the provision you cited to, Sterling would argue that there have been other owners in the past whose actions or words have also adversely affected the nba yet their ownership was not terminated. Sterling had been an owner for 30 years and I'm guessing he has seen a lot if shady stuff in that timeframe and he would be able to bring all of this to light to attempt to prove the nba is unfairly targeting him because they have never taken similar action in the past.