Who's Going To Buy The Clippers

[xrayzebra]

Sterling the racist, according to some, says they aren't for sell. But everyone else is rooting for Magic. You know the girlfriend of both.

[CosmicCowboy]

Sterling will sue the NBA and win. They can't legally do what they just did. It was all a smokescreen to patronize the players.

[CosmicCowboy]

Plus, assuming it was recorded in California the recording was illegal.

[boutons_deux]

Plus, assuming it was recorded in California the recording was illegal.

yep, I wonder if Sterling will sue?

" Section 637.2 provides statutory civil penalties up to $5,000 for violations of California’s "secret recording" statutes, "

http://www.rcfp.org/reporters-recording-guide

[SnakeBoy]

If Magic buys it I'll expect that he will trade Griffin to the lakers for old ass Kobe. Clippers will become the lakers developmental team.

[boutons_deux]

If Magic buys it I'll expect that he will trade Griffin to the lakers for old ass Kobe. Clippers will become the lakers developmental team.

is there an NBA rule about one owner owning 2 teams in one market?

or even one owner owning two teams anywhere?

[ElNono]

Sterling will sue the NBA and win. They can't legally do what they just did. It was all a smokescreen to patronize the players.

Of course it's legal. He signed a contract to become an owner, and he willingly relinquished certain rights in the process.

It would be difficult for him to now challenge the NBA constitution after living under it's umbrella as an owner for decades.

Similarly, if the rest of the owners vote to kick him out, it will likely be legal too.

I'm sure he can try to fight in court, but I don't think he'll succeed. Apparently, part of the contractual aspect is that commissioner decisions are binding and final, and they're just as good as a ruling obtained through arbitration. Good luck finding a judge that overturns that.

[DarrinS]

Someone should start following Jerry Jones around with a recording device.

[baseline bum]

Someone should start following Jerry Jones around with a recording device.

Nah man, the Cowboys are perfect as they are!

[boutons_deux]

Sterling will sue the NBA and win. They can't legally do what they just did. It was all a smokescreen to patronize the players.

The NBA constitution is secret, do you have a copy?

From what the paper says, the owners' group, whose constitution Sterling signed/agreed to, can vote out any owner. How is that illegal?

[SnakeBoy]

The NBA constitution is secret, do you have a copy?

From what the paper says, the owners' group, whose constitution Sterling signed/agreed to, can vote out any owner. How is that illegal?

That's not going to happen. Billionares will stick together. This is all a charade. Hell the naacp just stated they are open to working with Sterling in the future...he just needs to cough up a little chump change.

[baseline bum]

That's not going to happen. Billionares will stick together. This is all a charade. Hell the naacp just stated they are open to working with Sterling in the future...he just needs to cough up a little chump change.

The billionaire owners will likely side with Silver because installing an ownership group who will consistently try to build competitive teams will make those owners a lot more money in national TV deals when the league has a second marquee franchise in LA. Instead of an owner who was content to put garbage teams out on the floor and collect his share of luxury tax payments from the rest of the league and be profitable only because he was in such a huge market. No way you could run your team like the Clippers and survive in San Antonio, OKC, Milwaukee, etc. when you wouldn't have 18 million people to draw form.

[SnakeBoy]

The path to redemption is already being set...


NAACP Willing to 'Forgive' Clippers' Donald Sterling After Yanking Award
http://abcnews.go.com/US/naacp-forgive-clippers-donald-sterling-yanking-award/story?id=23501911


"God teaches us to forgive, and the way I look at it, after a sustained period of proof to the African American community that those words don't reflect his heart, I think there's room for forgiveness. I wouldn't be a Christian if I said there wasn't," Jenkins said.

"We are negotiating with him about giving more moneys to African American students at UCLA, and so we are in preliminary discussions," Jenkins said.

[Drachen]

Sterling will sue the NBA and win. They can't legally do what they just did. It was all a smokescreen to patronize the players.

Sterling won't win http://m.espn.go.com/wireless/story?storyId=10852199

[FromWayDowntown]

The NBA constitution is secret, do you have a copy?

From what the paper says, the owners' group, whose constitution Sterling signed/agreed to, can vote out any owner. How is that illegal?

Brent Barry tweeted out a link to the NBA Constitution and By-Laws a couple of hours ago. Looks legit to me:

http://mediacentral.nba.com/media/mediacentral/NBA-Constitution-and-By-Laws.pdf

[Spurminator]

Sterling the racist, according to some

:lol

[scott]

Sterling won't win http://m.espn.go.com/wireless/story?storyId=10852199

But he can put the NBA in a position to spend a lot of money and get involved in an ugly process.

I sense out-of-court settlement in the making. Sterling will likely come out of this a financial winner.

[Drachen]

I'm not an expert and am only going by the article, but it says that he would lose very quickly and humiliatingly

[Wild Cobra]

Sterling will sue the NBA and win. They can't legally do what they just did. It was all a smokescreen to patronize the players.
It takes a vote of 3/4 of the other team owners to force a sale. If that many of them did vote yes...

[Wild Cobra]

Plus, assuming it was recorded in California the recording was illegal.
No, the recording is said to be by consent because he forgets what he says. I have a tendency to believe that.

[SnakeBoy]

The billionaire owners will likely side with Silver because installing an ownership group who will consistently try to build competitive teams will make those owners a lot more money in national TV deals when the league has a second marquee franchise in LA. Instead of an owner who was content to put garbage teams out on the floor and collect his share of luxury tax payments from the rest of the league and be profitable only because he was in such a huge market. No way you could run your team like the Clippers and survive in San Antonio, OKC, Milwaukee, etc. when you wouldn't have 18 million people to draw form.

Well I wouldn't say your wrong. That all seems to make sense but I'm not an NBA owner. If I was I would have to think long and hard about setting a precedent that my team could be taken from me because of an illegally recorded private conversation.

[SnakeBoy]

No, the recording is said to be by consent because he forgets what he says. I have a tendency to believe that.

huh?

[Wild Cobra]

Well I wouldn't say your wrong. That all seems to make sense but I'm not an NBA owner. If I was I would have to think long and hard about setting a precedent that my team could be taken from me because of an illegally recorded private conversation.
No kidding. I'll bet the other team owners would hesitate, wondering what impact private remarks they make would have if they got recorded and out?

[Wild Cobra]

huh?
I have read quite a few things on this topic. At one point, I have read that all his conversations with her are recorded, and they both know it. It is one of their agreements because he is senile and forgetful.

[SnakeBoy]

I have read quite a few things on this topic. At one point, I have read that all his conversations with her are recorded, and they both know it. It is one of their agreements because he is senile and forgetful.

Oh ok, I hadn't heard about any of that.

[baseline bum]

No kidding. I'll bet the other team owners would hesitate, wondering what impact private remarks they make would have if they got recorded and out?

There is no other owner like Sterling in the league. Pretty extraordinary measures have been taken because Sterling has been a parasite on the league for something like 34 years.

[Wild Cobra]

There is no other owner like Sterling in the league. Pretty extraordinary measures have been taken because Sterling has been a parasite on the league for something like 34 years.
There is still a binding contract. 3/4 of the owners must vote to oust him, else it will not happen.

[Infinite_limit]

http://www.funnyandhappy.com/wp-content/uploads/2013/02/Tough-monkey-rapper.jpg

[baseline bum]

There is still a binding contract. 3/4 of the owners must vote to oust him, else it will not happen.

Thank you Capt Obvious

[Clipper Nation]

Sterling will sue the NBA and win. They can't legally do what they just did. It was all a smokescreen to patronize the players.
:lol Sterling has zero chance of winning in court....

[CosmicCowboy]

:lol Sterling has zero chance of winning in court....

Read article 13 of the NBA constitution FWDT posted in post #15. It lists the SPECIFIC things an owner can be removed for. Sterling didn't do any of those things.

[TheSanityAnnex]

Read article 13 of the NBA constitution FWDT posted in post #15. It lists the SPECIFIC things an owner can be removed for. Sterling didn't do any of those things.

The 2.5 million dollar fine is proof of that. CN thinks it will be a walk in the park but I'm not too sure.

[TheSanityAnnex]

I was a member here ten years ago when Sterling was involved in things much much more racist than telling his girlfriend not to be seen with black guys in public and I don't remember nearly the outrage on this board. I also lived in Los Angeles county ten years ago and don't remember nearly the same outrage from the media.

Why the outrage now over some words and no outrage over his extremely racist actions years ago?

[pgardn]

Floyd Mayweather...

Family Violence Guy with a betting habit on NBA games as well as other sports.
Floyd is getting a group together.

And the guy takes pride in his ability to avoid brain numbing blows to the head...

[pgardn]

I was a member here ten years ago when Sterling was involved in things much much more racist than telling his girlfriend not to be seen with black guys in public and I don't remember nearly the outrage on this board. I also lived in Los Angeles county ten years ago and don't remember nearly the same outrage from the media.

Why the outrage now over some words and no outrage over his extremely racist actions years ago?

Those actions that were settled out of court?

Have a listen, this seals the deal if before was not enough:

http://deadspin.com/exclusive-the-extended-donald-sterling-tape-1568291249

Calling each other Honey... The intellectual nature of the discussion is what astounds me.

[TheSanityAnnex]

Those actions that were settled out of court?

Have a listen, this seals the deal if before was not enough:

http://deadspin.com/exclusive-the-extended-donald-sterling-tape-1568291249

Calling each other Honey... The intellectual nature of the discussion is what astounds me.

Yes. Where was the outrage from the media back then? I don't recall it ever being like this and it was far worse.

And I don't need to listen to an extended tape, I've known he was a racist publicly for over a decade.

[Wild Cobra]

Thank you Capt Obvious
I didn't even read the link in post 15 until a few minutes ago and knew that. I would say by the chatter here, it was not obvious to others.

[FromWayDowntown]

Read article 13 of the NBA constitution FWDT posted in post #15. It lists the SPECIFIC things an owner can be removed for. Sterling didn't do any of those things.

I think the ownership probably believes that he "willfully violate[d] any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association," and that most likely the violation they believe to have willfully occurred is a violation of Article 35A(c), which prohibits giving, making, issuing, authorizing, or endorsement of "any statement having, or designed to have, an effect prejudicial or detrimental to the best interests of basketball or of the Association" or Article 35A(d), which gives the Commissioner power "to suspend for a definite or indefinite period, or to impose a fine not exceeding $1,000,000, or inflict both suspension and fine upon any person, who in his opinion, shall have been guilty of conduct prejudicial or detrimental to the Association." While each of those violations carries with it a specified penalty, nothing that I see in the By-Laws and Constitution would prohibit the Commissioner from imposing those penalties and allowing the other owners to find a violation of Article 13 that justifies termination as well. Two different accusing and sentencing bodies in that instance.

Sterling can certainly try to argue that being an idiot and a racist is somehow not detrimental or prejudicial to the NBA, I guess. As someone once noted: Stupid is as stupid does.

[TheSanityAnnex]

I think the ownership probably believes that he "willfully violate[d] any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association," and that most likely the violation they believe to have willfully occurred is a violation of Article 35A(c), which prohibits giving, making, issuing, authorizing, or endorsement of "any statement having, or designed to have, an effect prejudicial or detrimental to the best interests of basketball or of the Association" or Article 35A(d), which gives the Commissioner power "to suspend for a definite or indefinite period, or to impose a fine not exceeding $1,000,000, or inflict both suspension and fine upon any person, who in his opinion, shall have been guilty of conduct prejudicial or detrimental to the Association." While each of those violations carries with it a specified penalty, nothing that I see in the By-Laws and Constitution would prohibit the Commissioner from imposing those penalties and allowing the other owners to find a violation of Article 13 that justifies termination as well. Two different accusing and sentencing bodies in that instance.

Sterling can certainly try to argue that being an idiot and a racist is somehow not detrimental or prejudicial to the NBA, I guess. As someone once noted: Stupid is as stupid does.

This is why I think Silver may have made a mistake in fining him 2.5 million. How I am reading it the 2.5 million fine means his actions were not covered by the constitution or by-laws, thus the fine exceeding 1 million. All speculation on my part but I think he should have fined the 1 million as referenced above.

[FromWayDowntown]

This is why I think Silver may have made a mistake in fining him 2.5 million. How I am reading it the 2.5 million fine means his actions were not covered by the constitution or by-laws, thus the fine exceeding 1 million. All speculation on my part but I think he should have fined the 1 million as referenced above.

I think the $2.5 million is probably the aggregate of the fines applicable to misconduct under various provisions of the document. My guess (equally speculative, I admit) is that they found violations of 3 different parts of the Constitution and By-Laws, added the maximum fines for each of those violations, and then imposed that total fine against Sterling.

If they force the sale, the $2.5 million fine will be a footnote.

[TDMVPDPOY]

There is still a binding contract. 3/4 of the owners must vote to oust him, else it will not happen.

that vote better be by proxy with no names on it...

thats the only way the racists owners can side with each other without being identified name and shame...

then again sterling is a prick but he is entitled to his pov

[pgardn]

Yes. Where was the outrage from the media back then? I don't recall it ever being like this and it was far worse.

And I don't need to listen to an extended tape, I've known he was a racist publicly for over a decade.

You know from witnesses who settled out of court.

When people hear a voice they know, the players, it has more impact than a witness account of what was said.
But you don't get this.

[Wild Cobra]

Anyone see this yet:

http://www.nbcnews.com/storyline/nba-race-furor/clippers-owner-donald-sterling-fined-2-5m-banned-life-nba-n92671

Time for me to boycott the NBA.

[TheSanityAnnex]

I think the $2.5 million is probably the aggregate of the fines applicable to misconduct under various provisions of the document. My guess (equally speculative, I admit) is that they found violations of 3 different parts of the Constitution and By-Laws, added the maximum fines for each of those violations, and then imposed that total fine against Sterling.

If they force the sale, the $2.5 million fine will be a footnote.


It appears the 2.5 million came from article 24, not a combination of fines. And if so, it would also appear Silver is basically admitting Sterling's actions did not in fact violate the constitution and by-laws. And if this is true than termination also does not fall under article 24, which Silver seems to have invoked.

"(l) The Commissioner shall, wherever there is a rule for which no penalty is specifically fixed for violation thereof, have the authority to fix such penalty as in the Commissioner’s judgment shall be in the best interests of the Association. Where a situation arises which is not covered in the Constitution and By-Laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000."


Very interested to see how this plays out, hope Silver didn't jump the gun.

[Wild Cobra]

Very interested to see how this plays out, hope Silver didn't jump the gun.
Oh, he did, and should be fired.

Anyone think he should have such power circumventing the agreed contract?

[TheSanityAnnex]

You know from witnesses who settled out of court.

When people hear a voice they know, the players, it has more impact than a witness account of what was said.
But you don't get this.

Answer me this, were his actions more egregious ten years ago or today? I'll answer for you, they aren't even in the same ballpark.

[FromWayDowntown]

It appears the 2.5 million came from article 24, not a combination of fines. And if so, it would also appear Silver is basically admitting Sterling's actions did not in fact violate the constitution and by-laws. And if this is true than termination also does not fall under article 24, which Silver seems to have invoked.

"(l) The Commissioner shall, wherever there is a rule for which no penalty is specifically fixed for violation thereof, have the authority to fix such penalty as in the Commissioner’s judgment shall be in the best interests of the Association. Where a situation arises which is not covered in the Constitution and By-Laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000."


Very interested to see how this plays out, hope Silver didn't jump the gun.

Good point. I hadn't read that part of the Constitution.

[pgardn]

Answer me this, were his actions more egregious ten years ago or today? I'll answer for you, they aren't even in the same ballpark.

Its a matter of belief.

In court you have witness testimony.

In this case you have Sterling saying that's him. So you would believe your wife said something as told to you second hand rather than hearing your wife say this on tape and then telling you she said it? What is so difficult to understand here?

The players in the NBA hear their leaders voice. I guarantee some already had inklings of this BEFORE. There is no explaining away your own voice saying words.
Hell, why even tape it. The girlfriend just should have gone to reporters and stated Sterling said this. Or just tell people Sterling said this in court.
Right...

[xrayzebra]

You just gotta wonder who got her to do the deed. Sterling was paying this old gal lots of money to service him. Maybe part of the recording was cut out, the part where he told her to take a hike if she was going to flaunt her butt all over town with the boyz. He would have been better off with a 1500 buck hooker.

[pgardn]

You just gotta wonder who got her to do the deed. Sterling was paying this old gal lots of money to service him. Maybe part of the recording was cut out, the part where he told her to take a hike if she was going to flaunt her butt all over town with the boyz. He would have been better off with a 1500 buck hooker.

As nutty as he sounds he probably got all worked up some time again after she tried to placate him.
He tells her flat out I can find another you.
It's a heartwarming tale of a happy family life of deep thinkers.

[Winehole23]

Why the outrage now over some words and no outrage over his extremely racist actions years ago?this, plus concern about Sterling's violated privacy, was Kareem Abdul Jabbar's take.

[pgardn]

this, plus concern about Sterling's violated privacy, was Kareem Abdul Jabbar's take.

The violation of privacy has some legs.
The other is perfectly understandable.
People can explain away a witness in court looking for money or revenge.

[FromWayDowntown]

Answer me this, were his actions more egregious ten years ago or today? I'll answer for you, they aren't even in the same ballpark.

I think that's true. But I also think that the failure to properly discipline him years ago for more egregious conduct came on the watch of a different commissioner who, for whatever reasons, chose not to take action -- wrongly so, I think. I'm not sure that Silver's decision is questionable just because Stern chose not to do anything previously.

[Wild Cobra]

Wow...

All you "Holier than thou" types deserve to burn in hell.

[TheSanityAnnex]

Its a matter of belief.

In court you have witness testimony.

In this case you have Sterling saying that's him. So you would believe your wife said something as told to you second hand rather than hearing your wife say this on tape and then telling you she said it? What is so difficult to understand here?

The players in the NBA hear their leaders voice. I guarantee some already had inklings of this BEFORE. There is no explaining away your own voice saying words.
Hell, why even tape it. The girlfriend just should have gone to reporters and stated Sterling said this. Or just tell people Sterling said this in court.
Right...

You didn't answer my question. And judging from your response I'm not even sure you know what I am referring to. I digress though. I'm just baffled the media is running with his discriminatory remarks now and didn't blow him up with his blatant racist actions years ago.

[Winehole23]

Wow...

All you "Holier than thou" types deserve to burn in hell.describes you, TSA, xray and CC better than anyone else in the thread, tbh. you guys are way up on your high horses about this.

[xrayzebra]

Racism has nothing to do with this particular incident. What he said is not racist in nature. What he said is no different than what two people in a relationship say to each other all the time. Jealousy plays a big part. And who can blame him, like I said earlier, he was paying this woman lots of bucks to service him and he didn't want to be made a fool of. Who would after you spend the kind of money he spent. She must have some special talents is all I can say.

[Wild Cobra]

describes you, TSA, xray and CC better than anyone else in the thread, tbh. you guys are way up on your high horses about this.
Does that apple taste like an orange to you?

[pgardn]

I think that's true. But I also think that the failure to properly discipline him years ago for more egregious conduct came on the watch of a different commissioner who, for whatever reasons, chose not to take action -- wrongly so, I think. I'm not sure that Silver's decision is questionable just because Stern chose not to do anything previously.

Some of these cases took place while Silver was Stern's right hand man, no?
I wonder what he said about the bosses decision back then?

Its a matter of what you can clearly pin on someone. The press will probably ask if they can delve into any NBA discussions on Sterlings past.

[Winehole23]

I'm just baffled the media is running with his discriminatory remarks now and didn't blow him up with his blatant racist actions years ago.for some reason our liberal media masters wanted to keep us in the dark, or Commissioner Stern told them to lay off, and like obedient lapdogs, they did.

[TheSanityAnnex]

I think that's true. But I also think that the failure to properly discipline him years ago for more egregious conduct came on the watch of a different commissioner who, for whatever reasons, chose not to take action -- wrongly so, I think. I'm not sure that Silver's decision is questionable just because Stern chose not to do anything previously.

Silver had to do something so I don't question his decision, just not sure he went about the right way. I also hope that bitch is punished for what to me looks like a setup. Listening to the recordings you can just tell she was egging him on, it made me sick just listening to her with all the "honnney, honnney" talk. Fuck her and fuck Sterling.

[Wild Cobra]

Racism has nothing to do with this particular incident. What he said is not racist in nature. What he said is no different than what two people in a relationship say to each other all the time. Jealousy plays a big part. And who can blame him, like I said earlier, he was paying this woman lots of bucks to service him and he didn't want to be made a fool of. Who would after you spend the kind of money he spent. She must have some special talents is all I can say.
This argument doesn't work with those who are indoctrinated into the political correctness train of thought.

Anything that can be construed as talking bad about a person of color, is a racist remark. Just ask any libtard.

[pgardn]

You didn't answer my question. And judging from your response I'm not even sure you know what I am referring to. I digress though. I'm just baffled the media is running with his discriminatory remarks now and didn't blow him up with his blatant racist actions years ago.

AGAIN.

Its easier to explain away witness testimony as opposed to a tape.
Were there tapes of Sterling saying he did not want dirty blacks and Mexicans living in his housing?

[TheSanityAnnex]

describes you, TSA, xray and CC better than anyone else in the thread, tbh. you guys are way up on your high horses about this.
How did I get lumped into the holier than thou group? Wtf

[FromWayDowntown]

Some of these cases took place while Silver was Stern's right hand man, no?
I wonder what he said about the bosses decision back then?

Its a matter of what you can clearly pin on someone. The press will probably ask if they can delve into any NBA discussions on Sterlings past.

Regardless of what Silver thought, he had no power to impose any discipline (or any power to refuse to impose discipline) back then.

Whatever the league might actually say, I'd be very hard-pressed to believe that Sterling's past, egregious racism and other types of idiocy went wholly unconsidered in this circumstance. Clearly, the tape recordings demonstrating his unrepentant and continuing racism gave a basis to take action -- perhaps giving Silver a basis to mete out sanctions that were long overdue.

[Winehole23]

This argument doesn't work with those who are indoctrinated into the political correctness train of thought.

Anything that can be construed as talking bad about a person of color, is a racist remark. Just ask any libtard.WC denies that Sterling said anything racist, suggests he was martyred by liberal elitism, and that anyone who disagrees is an accomplice and an idiot.

[pgardn]

WC

I posted the link to the tape. Listen to it.

[pgardn]

Regardless of what Silver thought, he had no power to impose any discipline (or any power to refuse to impose discipline) back then.

Whatever the league might actually say, I'd be very hard-pressed to believe that Sterling's past, egregious racism and other types of idiocy went wholly unconsidered in this circumstance. Clearly, the tape recordings demonstrating his unrepentant and continuing racism gave a basis to take action -- perhaps giving Silver a basis to mete out sanctions that were long overdue.

You are probably correct.
But he might have had an opinion and it might be voiced in the minutes of a meeting.
In fact I would think if it was discussed by the NBA he did have an opinion.

[Wild Cobra]

WC denies that Sterling said anything racist, suggests he was martyred by liberal elitism, and that anyone who disagrees is an accomplice and an idiot.
Yes, I am saying that what Sterling said is not racist. It has racial overtones, but it was the girlfriend that kept interjecting race.

Did you listen to the two tapes of 15 minutes worth of time?

I did. I'll bet you only listened to snippets of it.

To call what he said racist is ignorant.

[Wild Cobra]

WC

I posted the link to the tape. Listen to it.

I already listened to both tapes.

Care to put the parts in text that you claim to be racist so I can school you as to why it isn't?

Since when is ignorance and stupidity racist?

A racist is one who believe one race is superior to another. A dislike or preconception based on generalities is not racist. We all have bias.

[Drachen]

Wow...

All you "Holier than thou" types deserve to burn in hell.

@teysha blue "this message brought to you by the vitamin I"

[TheSanityAnnex]

describes you, TSA, xray and CC better than anyone else in the thread, tbh. you guys are way up on your high horses about this.
Once again, how am I acting holier than thou in this thread?

[Winehole23]

high dudgeon over liberal hypocrisy

[xrayzebra]

Hell, some couples have said a lot worst in the heat of an argument on infidelity. Which he more than likely felt like a jilted lover, like I said earlier he was paying big money and expected his monies worth. I damn sure would if I was spending millions, which he was.

Oh, Jesse showed up at the game last night and walked out on the court. Now how about that for politics. Stupid little twerp, show me the money.

[Winehole23]

some liberal spambot at State has wandered off script:


For Sterling to finally get his comeuppance, to feel the wrath of public opprobrium, and to lose his prime asset seems just. For the NBA, which was engaged in a decades-long battle with its longest-tenured, and worst, owner, this was a perfect opportunity to act swiftly and harshly.

Yet one has this niggling feeling that Mavericks owner Mark Cuban has a point when he says (http://espn.go.com/nba/story/_/id/10854381/mark-cuban-dallas-mavericks-rails-donald-sterling-not-favor-kicking-owner), “If we're taking something somebody said in their home and we're trying to turn it into something that leads to you being forced to divest property in any way, shape, or form, that's not the United States of America.”


http://www.slate.com/articles/sports/sports_nut/2014/04/donald_sterling_ban_he_should_sell_the_clippers_bu t_the_nba_shouldn_t_force.html

[Winehole23]

The lesson of Donald Sterling seems to extend no further than Donald Sterling, and stretches no earlier than the revelations of the past week. In fact, injustice existed longitudinally and latitudinally, with the damage done by the NBA’s inaction reaching beyond that league’s offices. If the NBA had punished Sterling a long time ago, would Major League Baseball have approved Astros owner Jim Crane (http://www.forbes.com/sites/sportsmoney/2011/06/14/why-jim-crane-could-become-baseballs-most-controversial-owner/), despite his company having paid a multimillion-dollar settlement for allegedly having engaged in discriminatory behavior?same

[FromWayDowntown]

same

There is, undoubtedly, the practicality at this point that the NBA now has two marquee franchises in what is no worse than the 2nd most desirable media market in this nation and likely has grave fear that the owner of one of those franchises -- a known lothario and cheapskate who's primary interest in owning a team has long seemed to be only the self-aggrandizement he gains from it and the long-term investment it represents (but, until recently, not so much with winning or even being competitive) -- will revert to past form and deprive the league at some point down the road of the enviable position it now finds itself in by making one of LA's teams undesirable again. I'm sure there's opportunism here to find a more aggressive owner who can likely maintain the competitiveness of the Clippers over the long term; that would certainly be in the league's best interests, one would think.

I don't think that's the sole basis for Sterling's discipline, but I think it would be foolish to believe that it isn't a circumstance that's been considered.

[Winehole23]

expediency and justice get tangled up.

justice has to pick its spots: total enforcement would be not only impractical, but undesirable.

[TDMVPDPOY]

There is, undoubtedly, the practicality at this point that the NBA now has two marquee franchises in what is no worse than the 2nd most desirable media market in this nation and likely has grave fear that the owner of one of those franchises -- a known lothario and cheapskate who's primary interest in owning a team has long seemed to be only the self-aggrandizement he gains from it and the long-term investment it represents (but, until recently, not so much with winning or even being competitive) -- will revert to past form and deprive the league at some point down the road of the enviable position it now finds itself in by making one of LA's teams undesirable again. I'm sure there's opportunism here to find a more aggressive owner who can likely maintain the competitiveness of the Clippers over the long term; that would certainly be in the league's best interests, one would think.

I don't think that's the sole basis for Sterling's discipline, but I think it would be foolish to believe that it isn't a circumstance that's been considered.

whats the difference between him fielding a cheakskate team to the 95% of the eastern teams thats currently has no business being in the playoffs being under .500?

[baseline bum]

There is, undoubtedly, the practicality at this point that the NBA now has two marquee franchises in what is no worse than the 2nd most desirable media market in this nation and likely has grave fear that the owner of one of those franchises -- a known lothario and cheapskate who's primary interest in owning a team has long seemed to be only the self-aggrandizement he gains from it and the long-term investment it represents (but, until recently, not so much with winning or even being competitive) -- will revert to past form and deprive the league at some point down the road of the enviable position it now finds itself in by making one of LA's teams undesirable again. I'm sure there's opportunism here to find a more aggressive owner who can likely maintain the competitiveness of the Clippers over the long term; that would certainly be in the league's best interests, one would think.

I don't think that's the sole basis for Sterling's discipline, but I think it would be foolish to believe that it isn't a circumstance that's been considered.

Indeed. I would be against this if this was any other owner, but Sterling's gotta go.

[FromWayDowntown]

whats the difference between him fielding a cheakskate team to the 95% of the eastern teams thats currently has no business being in the playoffs being under .500?

None of the cheapskate teams in the East during 2013-14 plays its home games in Los Angeles, for one.

Also, the long history of incompetent management of the Clippers makes most of the "cheapskate" East teams of this past season seem like the Spurs. At least with those cheapskate East teams, there is some degree of real success in the fairly recent past:

Cleveland played in the East Finals as recently as 2009 and, of course, made the Finals in 2007.

Detroit played in 6 consecutive East Finals between 2003 and 2008, played in 2 Finals in 2004 and 2005, and won a title.

Boston played in the East Finals as recently as 2012 and in the NBA Finals in 2008 and 2010, winning the 2008 title.

Orlando reached the East Finals in 2009 and 2010 and played in the NBA Finals in 2009.

Philadelphia played a Game 7 of the East Semis in 2012 and at least reached the Finals in 2001.

Milwaukee and New York are the furthest removed from any real success, but the Bucks at least reached the East Finals in 2001 and were a win away from the Finals, and the Knicks played in consecutive conference finals in 1999-2000 and reached the NBA Finals in 1999.

[Spurminator]

Never ceases to amaze how quickly some of you will jump to the defense of billionaires losing their jobs for saying stupid things.

Save it for when one of them is sent to prison.

[CosmicCowboy]

Never ceases to amaze how quickly some of you will jump to the defense of billionaires losing their jobs for saying stupid things.

Save it for when one of them is sent to prison.

Who is jumping to Sterlings defense?

[Winehole23]

you did. you said the NBA's decision was unsupportable and would surely lose in court.

[CosmicCowboy]

you did. you said the NBA's decision was unsupportable and would surely lose in court.

wow

that's not defending Sterling.

You also are putting words in I didn't say. NBA can fine him and suspend him, but even though Sterling is an ass (in my opinion) they can't force him to sell his franchise because he said something politically incorrect,

[Winehole23]

they can't force him to sell his franchise because he said something politically incorrectthen you are defending him. just own it.

[Winehole23]

the desire to take an unpopular stand without openly taking it is understandable. social opprobrium inculcates timidity.

[boutons_deux]

Step 4: Expelling Sterling from the NBA and defending a possible lawsuit by Sterling

It is well known that some league officials and owners would like to see Sterling leave the NBA. Sterling has faced accusations of racism for years, including having to defend a housing lawsuit brought by the Department of Justice. The NBA also knows that wealthy NBA fans like Steve Ballmer and Chris Hansen—who sought to buy the Kings and relocate them to Seattle—would jump at the first chance to own an NBA team.

Forcibly removing Sterling from the NBA is unlikely to happen. The NBA's constitution, which is confidential, reportedly contains language permitting owners to authorize the league to sell a team without an owner's consent. The language, SI.com is told, only covers very limited circumstances and these circumstances concern team finances -- namely, when an owner can't pay his bills.

There is reportedly no language authorizing the NBA to sell a team because of an owner's hurtful remarks or embarrassing behavior. Even if constitutional language could be construed to authorize a forced sale of the Clippers, NBA owners would likely be reluctant to do so given the precedent it would set.

Removing Sterling from the NBA, however, may not be necessary to effectively remove him from the Clippers. The NBA could suspend Sterling indefinitely and encourage him to sell the team. The Sacramento Kings (http://sportsillustrated.cnn.com/basketball/nba/teams/sacramento-kings/index.html) were sold last year for an amount that equates to $534 million. It stands to reason the Clippers—which Sterling purchased in 1981 for $12.5 million—would be worth well in excess of $700 million.

The NBA could take a bolder step and take over the day-to-day operations of the Clippers, much like Major League Baseball did with the Dodgers and its embattled owner, Frank McCourt. The Dodgers, however, were experiencing payroll problems; there is no reason to believe the Clippers are experiencing any financial troubles.

The NBA must also be concerned about the possibility of Sterling suing the NBA and owners, such as for breach of the Clippers franchise agreement or for violations of federal and state antitrust law. NBA franchise agreements contain language that limit the ability of owners to sue the NBA and other owners. This language is known as "waiver of recourse", which means that an owner, by virtue of owning an NBA team, voluntarily waives away legal recourses he or she might otherwise have against the NBA and owners.

The waiver would likely aid the NBA in regards to a contract breach claim, but courts are generally unwilling to extend waivers to antitrust claims. A potential antitrust claim by Sterling against the NBA would be that his competitors (other NBA owners) and the NBA have conspired to expel him. By doing so, the logic goes, Sterling would have to sell his team at less than market value because prospective buyers would know that Sterling "has to" sell. As a result, he would attract lower bids. Under federal antitrust law, any damages Sterling receives would be automatically multiplied by three. He may have additional claims under California antitrust law.

http://sportsillustrated.cnn.com/nba/news/20140426/donald-sterling-la-clippers-adam-silver-nba/

If Sterling stays and Clips bail, being able to sign only desperate d-leaguers, and Clip lose $100Ms, it's just a tax write off the Sterling. He obviously didn't care about winning for 30+ years, nor his rep as worst owner in pro sports.

[CosmicCowboy]

then you are defending him. just own it.

You are so full of shit. I'm saying the NBA can't force him to sell.

that is not defending Sterlings actions.

[Winehole23]

fair enough, your defense is limited to his ownership rights

[baseline bum]

Step 4: Expelling Sterling from the NBA and defending a possible lawsuit by Sterling

It is well known that some league officials and owners would like to see Sterling leave the NBA. Sterling has faced accusations of racism for years, including having to defend a housing lawsuit brought by the Department of Justice. The NBA also knows that wealthy NBA fans like Steve Ballmer and Chris Hansen—who sought to buy the Kings and relocate them to Seattle—would jump at the first chance to own an NBA team.

Forcibly removing Sterling from the NBA is unlikely to happen. The NBA's constitution, which is confidential, reportedly contains language permitting owners to authorize the league to sell a team without an owner's consent. The language, SI.com is told, only covers very limited circumstances and these circumstances concern team finances -- namely, when an owner can't pay his bills.

There is reportedly no language authorizing the NBA to sell a team because of an owner's hurtful remarks or embarrassing behavior. Even if constitutional language could be construed to authorize a forced sale of the Clippers, NBA owners would likely be reluctant to do so given the precedent it would set.

Removing Sterling from the NBA, however, may not be necessary to effectively remove him from the Clippers. The NBA could suspend Sterling indefinitely and encourage him to sell the team. The Sacramento Kings (http://sportsillustrated.cnn.com/basketball/nba/teams/sacramento-kings/index.html) were sold last year for an amount that equates to $534 million. It stands to reason the Clippers—which Sterling purchased in 1981 for $12.5 million—would be worth well in excess of $700 million.

The NBA could take a bolder step and take over the day-to-day operations of the Clippers, much like Major League Baseball did with the Dodgers and its embattled owner, Frank McCourt. The Dodgers, however, were experiencing payroll problems; there is no reason to believe the Clippers are experiencing any financial troubles.

The NBA must also be concerned about the possibility of Sterling suing the NBA and owners, such as for breach of the Clippers franchise agreement or for violations of federal and state antitrust law. NBA franchise agreements contain language that limit the ability of owners to sue the NBA and other owners. This language is known as "waiver of recourse", which means that an owner, by virtue of owning an NBA team, voluntarily waives away legal recourses he or she might otherwise have against the NBA and owners.

The waiver would likely aid the NBA in regards to a contract breach claim, but courts are generally unwilling to extend waivers to antitrust claims. A potential antitrust claim by Sterling against the NBA would be that his competitors (other NBA owners) and the NBA have conspired to expel him. By doing so, the logic goes, Sterling would have to sell his team at less than market value because prospective buyers would know that Sterling "has to" sell. As a result, he would attract lower bids. Under federal antitrust law, any damages Sterling receives would be automatically multiplied by three. He may have additional claims under California antitrust law.

http://sportsillustrated.cnn.com/nba/news/20140426/donald-sterling-la-clippers-adam-silver-nba/

If Sterling stays and Clips bail, being able to sign only desperate d-leaguers, and Clip lose $100Ms, it's just a tax write off the Sterling. He obviously didn't care about winning for 30+ years, nor his rep as worst owner in pro sports.






NBA is fucked and unfuckable!

[SnakeBoy]

Brent Barry tweeted out a link to the NBA Constitution and By-Laws a couple of hours ago. Looks legit to me:

http://mediacentral.nba.com/media/mediacentral/NBA-Constitution-and-By-Laws.pdf

If that's legit then I don't see anything that clearly allows the NBA to terminate his ownership. The only part that might apply is...


(a) Willfully violate any of the provisions of the
Constitution and By-Laws, resolutions, or agreements of the
Association.


I guess lawyers can make any argument but it doesn't seem to me that Sterling "willfully" did anything.

[Spurminator]

You are so full of shit. I'm saying the NBA can't force him to sell.

that is not defending Sterlings actions.

If it makes you feel better, I agree that's not a defense of Sterling. There's plenty of room for debate on what the NBA can contractually do.

I was talking more about the claim that this is a violation of his Free Speech, race card overreactions, NBA being PC thought police blah blah blah... And especially the laughable idea that his comments weren't racist.

[leemajors]

If it makes you feel better, I agree that's not a defense of Sterling. There's plenty of room for debate on what the NBA can contractually do.

I was talking more about the claim that this is a violation of his Free Speech, race card overreactions, NBA being PC thought police blah blah blah... And especially the laughable idea that his comments weren't racist.

Wait, WC's take is laughable?

[Spurminator]

He continues to set the standard.

[pgardn]

Yes, I am saying that what Sterling said is not racist. It has racial overtones, but it was the girlfriend that kept interjecting race.

Did you listen to the two tapes of 15 minutes worth of time?

I did. I'll bet you only listened to snippets of it.

To call what he said racist is ignorant.

Your definition does not fit mine. And your definition of racism is incomplete therefore ignorant.
Power combined with prejudiced of one ethnic group concerning another another create the implication of superiority. One does not have to state the words superiority and power to imply it.

And so yes, Sterling clearly made racists statements. If you can't pick them out on your own I can't help you.

And how much would you like to bet?

[Wild Cobra]

Who's going to buy?

Maybe Oprah if a sale is forced.

[CosmicCowboy]

If there is a sale it will probably be to Magics group but it will be at Sterlings choice and not the NBa's.

[pgardn]

You bet I listened to snippets.

I listened to the whole thing 3 times in amazement that a man as seemingly daft as Sterling could make so much money.

Can I get some more juice for you honey?
The black Jews in Israel are treated like dogs...WTF?

[pgardn]

If there is a sale it will probably be to Magics group but it will be at Sterlings choice and not the NBa's.

Magic is such a Lakerman. I know he does not like young Buss but I can't see this.
And Sterling may play defeated old man or he may play hardball. He has options.

[TheSanityAnnex]

If that's legit then I don't see anything that clearly allows the NBA to terminate his ownership. The only part that might apply is...



I guess lawyers can make any argument but it doesn't seem to me that Sterling "willfully" did anything.

With Silver levying the 2.5 million fine it seems to point that Sterling didn't in fact violate anything in the constitution or by-laws. I think Silver overplayed his hand.

From earlier:

It appears the 2.5 million came from article 24, not a combination of fines. And if so, it would also appear Silver is basically admitting Sterling's actions did not in fact violate the constitution and by-laws. And if this is true than termination also does not fall under article 24, which Silver seems to have invoked.


"(l) The Commissioner shall, wherever there is a rule for which no penalty is specifically fixed for violation thereof, have the authority to fix such penalty as in the Commissioner’s judgment shall be in the best interests of the Association. Where a situation arises which is not covered in the Constitution and By-Laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000."

[boutons_deux]

You bet I listened to snippets.

I listened to the whole thing 3 times in amazement that a man as seemingly daft as Sterling could make so much money.

Can I get some more juice for you honey?
The black Jews in Israel are treated like dogs...WTF?

a talent for making money implies no other talents or smarts.

[CosmicCowboy]

a talent for making money implies no other talents or smarts.

Seriously Boo?

You may hate Sterling but the dude didn't inherit a penny, started out dirt ass poor, and built a multi billion dollar business empire. Somewhere in there hard work and smarts was involved. He may be an 80 year old senile fuck now but I'm pretty sure there was a little more involved than a "talent".

[MultiTroll]

Could SpursTalk pool it's money and buy the Clippers?

[pgardn]

Could SpursTalk pool it's money and buy the Clippers?

Pool our money...

We could be 0.001% majority owners.

[TDMVPDPOY]

With Silver levying the 2.5 million fine it seems to point that Sterling didn't in fact violate anything in the constitution or by-laws. I think Silver overplayed his hand.

From earlier:

It appears the 2.5 million came from article 24, not a combination of fines. And if so, it would also appear Silver is basically admitting Sterling's actions did not in fact violate the constitution and by-laws. And if this is true than termination also does not fall under article 24, which Silver seems to have invoked.


"(l) The Commissioner shall, wherever there is a rule for which no penalty is specifically fixed for violation thereof, have the authority to fix such penalty as in the Commissioner’s judgment shall be in the best interests of the Association. Where a situation arises which is not covered in the Constitution and By-Laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000."

whats wrong with the nba constitution, lol doesnt state shit what is a owners obligations or going into more detail

seems live silver overstep his role here and made up laws on the day

[pgardn]

I can't see Silver blindly walking in and just spewing a decision.
You guys don't think the NBA has lawyers that advised him?

If they went beyond I would think they have some argument to back it up.
Given the fairly cloudy legal standards concerning leagues and franchises the NBA has to have some footing.
It will be interesting to see how far Sterling presses this. His lawyers are probably salivating.

http://sportsillustrated.cnn.com/nba/news/20140429/donald-sterling-nba-adam-silver-clippers-lawsuit-lifetime-ban/

[boutons_deux]

I can't see Silver blindly walking in and just spewing a decision.
You guys don't think the NBA has lawyers that advised him?

:lol

"Adam Silver (born April 25, 1962) is an American lawyer and the commissioner (http://en.wikipedia.org/wiki/Commissioner_of_the_NBA) of the National Basketball Association (http://en.wikipedia.org/wiki/National_Basketball_Association)
He earned a law degree from the University of Chicago (http://en.wikipedia.org/wiki/University_of_Chicago) in 1988.[8] (http://en.wikipedia.org/wiki/Adam_Silver#cite_note-8)

Before joining the NBA, he served as a litigation associate at Cravath, Swaine & Moore (http://en.wikipedia.org/wiki/Cravath,_Swaine_%26_Moore), a law firm in New York.

Silver also worked as a law clerk (http://en.wikipedia.org/wiki/Law_clerk) to Judge Kimba Wood (http://en.wikipedia.org/wiki/Kimba_Wood), a federal judge for the United States District Court for the Southern District of New York.[9] (http://en.wikipedia.org/wiki/Adam_Silver#cite_note-9)"

http://en.wikipedia.org/wiki/Adam_Silver

I may be presuming too much, but I bet LAWYER Silver, a LAWYER FOR the NBA, has read the NBA constitution, regulations, articles of incorporation, etc, etc, etc.

[boutons_deux]

Donald Sterling Reportedly Will Sue NBA If Forced to Sell Clippers


http://bleacherreport.com/articles/2047434-donald-sterling-reportedly-will-sue-nba-if-forced-to-sell-clippers?utm_source=newsletter&utm_medium=newsletter&utm_campaign=nba

If Silver holds on to Clips, then good luck trying to retain, attract THE NEGRO! :lol

[pgardn]

:lol

"Adam Silver (born April 25, 1962) is an American lawyer and the commissioner (http://en.wikipedia.org/wiki/Commissioner_of_the_NBA) of the National Basketball Association (http://en.wikipedia.org/wiki/National_Basketball_Association)
He earned a law degree from the University of Chicago (http://en.wikipedia.org/wiki/University_of_Chicago) in 1988.[8] (http://en.wikipedia.org/wiki/Adam_Silver#cite_note-8)

Before joining the NBA, he served as a litigation associate at Cravath, Swaine & Moore (http://en.wikipedia.org/wiki/Cravath,_Swaine_%26_Moore), a law firm in New York.

Silver also worked as a law clerk (http://en.wikipedia.org/wiki/Law_clerk) to Judge Kimba Wood (http://en.wikipedia.org/wiki/Kimba_Wood), a federal judge for the United States District Court for the Southern District of New York.[9] (http://en.wikipedia.org/wiki/Adam_Silver#cite_note-9)"

http://en.wikipedia.org/wiki/Adam_Silver

I may be presuming too much, but I bet LAWYER Silver, a LAWYER FOR the NBA, has read the NBA constitution, regulations, articles of incorporation, etc, etc, etc.




You seriously don't think smart lawyers don't take counsel from other smart lawyers?
Seriously?

[boutons_deux]

You seriously don't think smart lawyers don't take counsel from other smart lawyers?
Seriously?

you said that, I didn't

[pgardn]

you said that, I didn't

Why the smiley judge boots?

[boutons_deux]

Why the smiley judge boots?

I like Smileys (and turtles)

[pgardn]

I like Smileys (and turtles)

Yes you do.

You also think Silver being a lawyer means he knows it all and sees every angle.
Hell the NBA should just release the law firms it uses, Silver's got it all by himself.

[ElNono]

NBA will appoint CEO of Clippers (http://espn.go.com/los-angeles/nba/story/_/id/10878732/nba-appoint-ceo-run-los-angeles-clippers)

The NBA will appoint a chief executive officer to oversee the day-to-day operations of the Los Angeles Clippers, the league announced Saturday.

Clippers owner Donald Sterling was banned for life from the NBA and fined $2.5 million on Tuesday by commissioner Adam Silver for racist remarks he made that were published by TMZ.

Team president Andy Roeser, one of the Clippers' two alternate governors besides Sterling, had been in charge of the team since Silver's announcement on Tuesday. Roeser, however, drew the ire of many in the organization after he released a statement initially giving Sterling the benefit of the doubt in the wake of Sterling's remarks.

Once appointed, sources said, the CEO will supersede Roeser, and be given the power to decide if Roeser remains with the organization.

The decision to appoint a CEO was made in concert with the Clippers organization. No timetable for the appointment was given except to say that it would be made "quickly."

"The best way to ensure the stability of the team during this difficult situation is to move quickly and install a CEO to oversee the Clippers organization," league spokesman Mike Bass said. "The process of identifying that individual is underway."

The process is reminiscent of the NBA appointing Jack Sperling to oversee the New Orleans Hornets when it operated the franchise in 2011-12 after owner George Shinn no longer had the means to.

Coach Doc Rivers, who is also the team's vice president of basketball operations, will continue to run the basketball side with vice president of basketball operations Gary Sacks.

"The NBA has to do their job, they really do," Rivers said. "They have a lot on their plate as well and I don't think this is something that they can wait on. They're going to do their job."

Donald Sterling's wife Shelly, co-owner of the team, said in a statement that she fully supports the decision.

"I spoke with Commissioner Adam Silver this week to tell him that I fully supported his recent swift and decisive action," she said. "We also agreed at that time that, as a next step, both the league and the team should work together to find some fresh, accomplished executive leadership for the Clippers. I welcome his active involvement in the search for a person of the utmost character, proven excellence and a commitment to promoting equality and inclusiveness."

She added: "As a co-owner, I am fully committed to taking the necessary steps to make the Clippers the best team in the NBA. That has been my aspiration ever since 1981."

[FuzzyLumpkins]

If there is a sale it will probably be to Magics group but it will be at Sterlings choice and not the NBa's.

Has the NBA corporate charter been linked? If it is anything like the NFL corporate charter then Sterling is fucked if that 3/4 vote passes. Sure he can litigate it but that will be nothing more than a delaying tactic. The NBA would have the contract and the better argument. No way Sterling lets a jury hear it and a summary judgment seems appropriate. It is what it is.

[boutons_deux]

Yes you do.

You also think Silver being a lawyer means he knows it all and sees every angle.
Hell the NBA should just release the law firms it uses, Silver's got it all by himself.

you said that, I didn't.

Silver's been working for the NBA for 22 years. I bet he knows all there is about the legatlies, esp the NBA articles of incorporation, the owner's agreement, etc, etc.

Throwing a few $Ms at an external, high-powered law firm? back scratching usually get scratched back.

[pgardn]

you said that, I didn't.

Silver's been working for the NBA for 22 years. I bet he knows all there is about the legatlies, esp the NBA articles of incorporation, the ownder's agreements, etc, etc.

Throwing a few $Ms at an external, high-powered law firm? back scratching usually get scratched back.

He has more a much larger job now. You know what you implied, don't fraud it up.

[boutons_deux]

He has more a much larger job now. You know what you implied, don't fraud it up.

yes, much more than just legal stuff now, but my guess is that he knows the NBA legalities, which haven't expanded just because he's commish, very well. fraud?

take you and your butt hurt The Great Boutons lays on you daily, and GFY

[pgardn]

yes, much more than just legal stuff now, but my guess is that he knows the NBA legalities, which haven't expanded just because he's commish, very well. fraud?

take you and your butt hurt The Great Boutons lays on you daily, and GFY

The only thing you lay daily is invented in your tiny cortex.

[FuzzyLumpkins]

If that's legit then I don't see anything that clearly allows the NBA to terminate his ownership. The only part that might apply is...



I guess lawyers can make any argument but it doesn't seem to me that Sterling "willfully" did anything.

If the NBA has passed a resolution regarding civil rights then Sterling has problems. He is on tape telling his assistant to not bring black men to games.

[boutons_deux]

If the NBA has passed a resolution regarding civil rights then Sterling has problems. He is on tape telling his assistant to not bring black men to games.

ex post facto won't fly.

[FuzzyLumpkins]

ex post facto won't fly.

Sure. I wouldn't be stunned if there was an anti-discrimination resolution or rule somewhere along the line already was my point.

[CosmicCowboy]

If the NBA has passed a resolution regarding civil rights then Sterling has problems. He is on tape telling his assistant to not bring black men to games.

You aren't very smart, are you?

[FromWayDowntown]

Even if there may not be a particular provision of the Constitution/ByLaws that can support a forced sale, but the owners of NBA teams and other parties can certainly find ways to make ownership of the team seem undesirable to Sterling in the short term (the withdrawal of sponsors has already begun) and his team will almost certainly struggle, for as long as he owns the team, to sign and retain quality players, which will significantly affect the bottom line for Sterling.

He can fight it all he wants, but I don't see how this ends well for him, particularly since I'm not sure that a franchisor is obligated to remain in business with a franchisee it deems undesirable, which unquestionably describes the relationship between the NBA owners and Sterling at the moment.

[CosmicCowboy]

Even if there may not be a particular provision of the Constitution/ByLaws that can support a forced sale, but the owners of NBA teams and other parties can certainly find ways to make ownership of the team seem undesirable to Sterling in the short term (the withdrawal of sponsors has already begun) and his team will almost certainly struggle, for as long as he owns the team, to sign and retain quality players, which will significantly affect the bottom line for Sterling.

He can fight it all he wants, but I don't see how this ends well for him, particularly since I'm not sure that a franchisor is obligated to remain in business with a franchisee it deems undesirable, which unquestionably describes the relationship between the NBA owners and Sterling at the moment.

I agree they can make it uncomfortable but at his/her age there is a huge capital gains hit if it sells before they die. They can lose 100 million dollars operating it and still come out +150 million passing it to the kids.

[ElNono]

I agree they can make it uncomfortable but at his/her age there is a huge capital gains hit if it sells before they die. They can lose 100 million dollars and still come out +150 million passing it to the kids.

Which is why he should broker a deal with the NBA to transfer ownership of the franchise to a trust managed by his wife/kids. In other words, he promises/file transfer papers with the league under the condition that the owners do not strip him of ownership of the team. Then the owners can vote down the stripping of ownership and vote up the transfer.

It's obviously speculation on my part, but that would actually prevent a sale, keep the franchise in the family, probably avoid a good chunk of taxes and remove him from the picture, which I think it's a big part of what the league really wants.
He has more then enough income coming from his real estate business to live a fancy life for whatever he has left, so IMO, him fighting this has a lot more to do with his pride than anything else.

[CosmicCowboy]

An estate attorney would have to chime in but my understanding is you can't accelerate the cap gains basis just by transferring it to a trust. Right now his basis is 12 million. After he dies and it passes to his kids it passes at the current value basis at that time of 850 million+ shielding the 838+ million difference from cap gains tax. Again, not being an estate tax attorney I think they may then be shielded from having to pay the 35% estate tax until it sells? Maybe FWDT can answer that question. I know some big ass ranches in Texas have had to be broken up over estate tax issues.

[baseline bum]

his team will almost certainly struggle, for as long as he owns the team, to sign and retain quality players, which will significantly affect the bottom line for Sterling.

That is how Sterling has ran his franchise for most of 34 years now, paying absolute minimum and making money off the fact that
(1) he is in a market of 18 million people to sell TV rights and overpriced tickets to even though the team is hopeless
(2) he'll get a cut of the luxury tax penalties paid by the big spending teams for being under the tax level

His bottom line was pretty healthy retaining and signing no one.

[CosmicCowboy]

That is how Sterling has ran his franchise for most of 34 years now, paying absolute minimum and making money off the fact that
(1) he is in a market of 18 million people to sell TV rights and overpriced tickets to even though the team is hopeless
(2) he'll get a cut of the luxury tax penalties paid by the big spending teams for being under the tax level

His bottom line was pretty healthy retaining and signing no one.

Plus he gets the same split of the league TV money everyone else does. Sterling got fat for many years being the stingiest owner in the league. The lottery was guaranteed to give him young exciting players he paid peanuts who were stuck in Clipper hell until they were finally able to become free agents.

[FuzzyLumpkins]

You aren't very smart, are you?

You are incapable of articulating an argument. Do you not think that the NBA in the last 80 years of it's existence has no civil rights resolution? I don't know but information we are not privy to holds the answer as we are limited on what corporate documents from the NBA we have access to view or search.

The charter clearly states the mechanism and required cause. Thus me saying if said cause exists then there is a basis for said vote. Go ahead and continue to try and apply the bullshit you have come up in your estate planning to this situation with your typical hubris.

[FuzzyLumpkins]

If the NBA has passed a resolution regarding civil rights then Sterling has problems. He is on tape telling his assistant to not bring black men to games.


Sure. I wouldn't be stunned if there was an anti-discrimination resolution or rule somewhere along the line already was my point.


You aren't very smart, are you?

I wanted to revisit this. This is from ESPN:


While the league's constitution, publicly revealed for the first time by the league last Tuesday, made it clear that grounds exist to remove an owner if that owner "fail(s) or refuse(s) to fulfill its contractual obligations to the Association," it remained unclear what contracts Sterling might have violated when he made his racist statements in a private conversation with his mistress V. Stiviano that was later published by TMZ.

But sources with knowledge of the league's strategy say there are, in fact, actual contracts that it will maintain Sterling violated should he choose to fight the league's desire to force him to sell the team if the league can get the required 75 percent of owners to agree to make the move.

One of those documents, which Sterling signed when he first bought the Clippers in 1981, and signed various amended versions since, states that an owner will not take any position or action that will materially and adversely affect a team or the league. Owners also sign morals clauses, which state that they will be upheld to the highest standard of ethical and moral behavior.

When morals clauses are enacted and result in termination of agreements, including endorsement deals, the courts are often charged with interpreting who was right, but sources with knowledge of the NBA's legal strategy believe that they have enough to force Sterling to sell.

http://espn.go.com/los-angeles/nba/story/_/id/10892918/nba-legal-strategy-remove-donald-sterling-los-angeles-clippers-owner-emerges

So in the future when you are wondering who to listen to between me and CC keep in mind that he is normally simply bluster. I do think it is hilarious how he tries and apply his Texas estate planning with Sterlings situation. Bluster and hubris: the CC way.

[MannyIsGod]

Looks like he's going to sell according to ESPN. I guess he realizes he doesn't have much of a legal case.

[boutons_deux]

Tarnished Sterling and his wife have a long history of suing everybody, even when the law and facts are not on their side, just to delay judgement, payment, etc.

[CosmicCowboy]

I wanted to revisit this. This is from ESPN:



http://espn.go.com/los-angeles/nba/story/_/id/10892918/nba-legal-strategy-remove-donald-sterling-los-angeles-clippers-owner-emerges





So in the future when you are wondering who to listen to between me and CC keep in mind that he is normally simply bluster. I do think it is hilarious how he tries and apply his Texas estate planning with Sterlings situation. Bluster and hubris: the CC way.

:lmao

Little early for a victory lap dumbass. Doesn't surprise me that you go to ESPN for legal analysis, though.

Stupid little bitch.

[boutons_deux]

NBA unswayed by Sterling's offer for wife to negotiate Clippers sale


http://www.latimes.com/sports/sportsnow/la-sp-sn-nba-donald-sterling-wife-clippers-20140523-story.html

[FuzzyLumpkins]

:lmao

Little early for a victory lap dumbass. Doesn't surprise me that you go to ESPN for legal analysis, though.

Stupid little bitch.

I say something and you insult me with a blanket dismissal. I show evidence that supports my initial report using the exact same reasoning I did and you now bluster.

Victory? You should have just let it go. The mechanism exists in the corporate charter and there are morality and "best interest of the league" clauses that he signed. It is what it is and acting like a preadolescent isn't going to change that.

[CosmicCowboy]

I say something and you insult me with a blanket dismissal. I show evidence that supports my initial report using the exact same reasoning I did and you now bluster.

Victory? You should have just let it go. The mechanism exists in the corporate charter and there are morality and "best interest of the league" clauses that he signed. It is what it is and acting like a preadolescent isn't going to change that.

Like I said, little early for a victory lap dumbass. And I insult you with a blanket dismissal because you are a shitty, arrogant ill informed little troll.

[CosmicCowboy]

In fact, this is hilarious. You find an article from a sportswriter who refers to unnamed sources who "think" the NBA may have enough in a morals clause to try to force a sale. Wow, now that is some earth fucking shattering news from some rock hard sources. Dribbling pee in your pants like an excited little puppy you rush back in here, reopen this thread and declare victory that the NBA is going to force Sterling to sell and pompously advise the other posters in here that they should listen to YOU in the future...:lol

:lmao

pathetic little piece of shit...:lol

[boutons_deux]

Donald Sterling Is Said to Agree to Let His Wife Sell Clippers
http://mobile.nytimes.com/2014/05/24/sports/basketball/donald-sterling-is-said-to-agree-to-let-his-wife-sell-clippers.html?from=homepage

[CosmicCowboy]

Donald Sterling Is Said to Agree to Let His Wife Sell Clippers
http://mobile.nytimes.com/2014/05/24/sports/basketball/donald-sterling-is-said-to-agree-to-let-his-wife-sell-clippers.html?from=homepage

http://ak0.picdn.net/shutterstock/videos/2917990/preview/stock-footage-playing-chess-closeup-wooden-chess-board-business-concept-grey-background.jpg

[boutons_deux]

nah, I read Tarnished is all about cash flow, and the $100Ms of cash will be flowing to him from the sale.

[CosmicCowboy]

He is a smart guy. If he can get Oprah and friends to overpay to "get rid of the racist cracker" he may sell because the timing is right and he makes boocoo money. I guarantee he won't be railroaded into a fire sale by the NBA even IF they could get 75% of the owners to agree to pursue that angle (which I don't think they can).

[FuzzyLumpkins]

In fact, this is hilarious. You find an article from a sportswriter who refers to unnamed sources who "think" the NBA may have enough in a morals clause to try to force a sale. Wow, now that is some earth fucking shattering news from some rock hard sources. Dribbling pee in your pants like an excited little puppy you rush back in here, reopen this thread and declare victory that the NBA is going to force Sterling to sell and pompously advise the other posters in here that they should listen to YOU in the future...:lol

:lmao

pathetic little piece of shit...:lol

You go on this salt binge and you call me pompous? Perhaps if you bluster harder in your next response you won't look like such an insecure dick.

The article cited a morals clause and a best interest of the league contract that he signed when he bought the team in the 1980s and signed multiple revisions since. There was no 'may' about it.

Does it burn that much that I am right and you are wrong?

Wait, there is an opportunity here for you to double down on your stupidity. What do you want to bet that in the hearing here in a couple of weeks that the owners execute what we have been talking about here?

[CosmicCowboy]

LOL Fuzzy thinker

LOL 'morals clause"

LOL at this stupid pissant thinking this is gonna be over in two weeks if Sterling doesn't want it over.

dumbass.

[ElNono]

Sterling will sue the NBA and win. They can't legally do what they just did.

:lol

I called the deal to transfer to his wife... we'll see if the NBA is interested.

[FuzzyLumpkins]

LOL Fuzzy thinker

LOL 'morals clause"

LOL at this stupid pissant thinking this is gonna be over in two weeks if Sterling doesn't want it over.

dumbass.

That Tokowitz can sue after the fact is besides the point. You started off saying that they did not have grounds to remove him which is false. If he signed a contract citing best interest of the league and morality clauses then he is fucked. It's the downside of operating in a trust. Contracts are contracts and he did tell his employee to discriminate by race.

Nice little monkey dance in place of an intelligent approach though.

[ElNono]

472213080793825280

472213091170545664

472213100632875008

[CosmicCowboy]

:lmao

Sterling's laugh all the way to the bank. Get an extra billion for the team because of the moral outrage publicity...:lol

www.latimes.com/sports/la-sp-sn-clippers-sale-ballmer-20140529-story.html

Former Microsoft chief executive Steve Ballmer has won a frenetic bidding war for ownership of the Los Angeles Clippers, with a $2-billion offer that would set a record price for an NBA team.

[boutons_deux]

:lmao

Sterling's laugh all the way to the bank. Get and extra billion for the team because of the moral outrage publicity...:lol

www.latimes.com/sports/la-sp-sn-clippers-sale-ballmer-20140529-story.html (http://www.latimes.com/sports/la-sp-sn-clippers-sale-ballmer-20140529-story.html)

and no doubt he won't pay any where near the full capital gains rate.

[boutons_deux]

btw, Ballmer may have cooled down with age, but for many years, he was one nasty, crazy motherfucker. MS, a non-innovator anyway that touts its technical innovation prowess, innovated nothing under SB.

One of this famous quotes to a company meeting was something like: "We FIND the best technology out there and make it ours" (buy, not make)

[MannyIsGod]

Have no doubt, Sterling did not want this and is not laughing. 2 Billion is not going to effect him. He wanted his toy and he wanted to be in the limelight. Its gone. He lost.

[boutons_deux]

:lmao

Sterling's laugh all the way to the bank. Get an extra billion for the team because of the moral outrage publicity...:lol

www.latimes.com/sports/la-sp-sn-clippers-sale-ballmer-20140529-story.html (http://www.latimes.com/sports/la-sp-sn-clippers-sale-ballmer-20140529-story.html)

Former Microsoft chief executive Steve Ballmer has won a frenetic bidding war for ownership of the Los Angeles Clippers, with a $2-billion offer that would set a record price for an NBA team.

Wealthy people are nearly all sociopathic assholes, valued by assholes like CC because they are wealthy.

[baseline bum]

btw, Ballmer may have cooled down with age, but for many years, he was one nasty, crazy motherfucker. MS, a non-innovator anyway that touts its technical innovation prowess, innovated nothing under SB.

One of this famous quotes to a company meeting was something like: "We FIND the best technology out there and make it ours" (buy, not make)

Still, what innovation did they have under Gates? BASIC was a garbage language (lol no recursion), he bought DOS, he copied Windows from Mac (which was a lousy copy of Alto), he bought Internet Explorer and turned it into the worst browser on the market in 4-5 years.

[boutons_deux]

MS has never been an innovator, under GM or SB.

and the msdos tax was an extortionate legal maneuver, extended to be the msdos/win tax, not because every mfr was in love with msdos.

BASIC was not even MS, it was Dartmouth U.

MSSQL, WORD were bought in

The desktop and server monopolies were in the only money making divisions for many years. BG early 90s vision was that Internet, world-wide connectivity, was nothing :lol

[Wild Cobra]

MS has never been an innovator, under GM or SB.

and the msdos tax was an extortionate legal maneuver, extended to be the msdos/win tax, not because every mfr was in love with msdos.

BASIC was not even MS, it was Dartmouth U.

MSSQL, WORD were bought in

The desktop and server monopolies were in the only money making divisions for many years. BG early 90s vision was that Internet, world-wide connectivity, was nothing :lol
I have to agree. The spreadsheet program I was using on my Amiga predated Excel, but excel was so much like it when it first came out.

[Infinite_limit]

Have no doubt, Sterling did not want this and is not laughing. 2 Billion is not going to effect him. He wanted his toy and he wanted to be in the limelight. Its gone. He lost.
Incorrect. All us non ghetto thugs Lost

[pgardn]

Wealthy people are nearly all sociopathic assholes, valued by assholes like CC because they are wealthy.

Oh good God...

So what is wealthy?
Whats the line that makes one more likely to be an asshole?

[ElNono]

$630m capital gains tax hit on that $2b sale...

[boutons_deux]

$630m capital gains tax hit on that $2b sale...

He's got the resources to cut that. Way down. But we probably won't know

NPR reports he's. Suing NBA for $1B with many claims

[ElNono]

The NBA released a statement Friday evening saying it has resolved its dispute with Shelly Sterling, Donald Sterling's wife. As part of the agreement, Shelly Sterling and the family trust won't sue the NBA and agreed "to indemnify the NBA against lawsuits from others, including from Donald Sterling."

The NBA's announcement came less than two hours after Donald Sterling's lawyer confirmed he planned to file a $1 billion lawsuit against the NBA. The indemnification agreement means Shelly Sterling will protect the league from any financial losses it could suffer in a lawsuit by her husband.

http://sports.yahoo.com/news/lawyer--donald-sterling-to-sue-nba-for--1-billion-212907563.html

[pgardn]

So now some doctor (hired by a lawyer) will claim Donald sane and taken by his family greed. Probably a lawyer who has not already pocketed a heavy sum from this mess.

[CosmicCowboy]

crazy like a fox.

[ElNono]

Donald Sterling agrees to Clippers sale, to drop NBA suit -lawyer (http://sports.yahoo.com/news/donald-sterling-agrees-sale-los-angeles-clippers-drop-223323976--nba.html)

LOS ANGELES, June 4 (Reuters) - Donald Sterling, the embattled owner of the Los Angeles Clippers, has agreed to the sale of the team and will drop his $1 billion lawsuit against the National Basketball Association, his lawyer, Maxwell Blecher, said on Wednesday.

Sterling, 80, has been banned for life and fined $2.5 million by the NBA for racist remarks he made in a taped recording. His estranged wife, Shelly Sterling, last week agreed to sell the franchise to former Microsoft Corp chief executive Steve Ballmer for $2 billion. (Reporting by Eric Kelsey; Editing by Sandra Maler)

Predictable ending, tbh...

[Wild Cobra]

Predictable ending, tbh...
For that price, yes. It is.

[baseline bum]

$12.5 million to $2 billion :lol

Nice punishment, Silver. Tokowitz' after tax take home will be about 160% what his franchise was valued at before this crazy bidding war to :cry end racism :cry in the league.

:lol The Clippers turned their warmups inside-out to get a man they hate 2.67 times more money :lol

[ElNono]

You gotta hand it to Silver too, he moved swiftly as soon as he became commish and finally got rid of that cheapskate owner...

Stern never had the balls...

[TeyshaBlue]

2 billion on a 12 million investment. smh

[boutons_deux]

http://www.forbes.com/sites/robertwood/2014/06/04/donald-sterlings-last-laugh-tax-free-2-billion-clippers-sale/

[boutons_deux]

According to the Associated Press, which was first to report the news, Sterling released a statement on Monday, entitled "The Team is not for Sale." The one-page statement said that he has never wanted to sell the LA Clippers and will not allow the team to be taken from him.

The battle over the Clippers has been a see-saw of events for Ballmer. The tech icon negotiated the team acquisition with Sterling's estranged wife, who took the $2 billion price and assured she could get her husband to sign off on the deal. Sterling last week said he'd take the deal, but his tune has changed. That shift happened after Sterling discovered the league won't lift his lifetime ban.

In addition, Sterling said he will sue the NBA for $1 billion, alleging that the league violated his rights by forcing him out. In his statement, Sterling said he intends to stand up for his "rights to privacy and the preservation of my rights to due process."

http://www.cnet.com/news/donald-sterling-puts-brakes-on-ballmers-bid-for-la-clippers/?tag=nl.e703&s_cid=e703&ttag=e703&ftag=CAD090e536

[CosmicCowboy]

LOL Sterling going for the big win. Silver now has to decide...be a hardass and blow the whole deal up or do we end this easily and let the old fucker go see a few more NBA games before he dies...bet he even gets the fine rescinded before he is done. Might even keep his courtside seats. The owners are gonna tell Silver to GET THIS SHIT BEHIND US and get the sale done.

[CavsSuperFan]

Donald Sterling has reversed his decision to sell the Clippers to Steve Ballmer, the former CEO of Microsoft... If Sterling gets his way, the deal will fall through and Ballmer won't be able to buy the team...When asked about it, Ballmer said, "That's OK. I'm used to things freezing and then crashing..."

[Wild Cobra]

When asked about it, Ballmer said, "That's OK. I'm used to things freezing and then crashing..."
LOL...

Did he really say that?

That's good!

[RandomGuy]

I say we launch a kickstarter campaign...