Donald Sterling and the Clippers

Discussion in 'BS Forum' started by pclfan, Apr 28, 2014.

  1. pclfan

    pclfan Well-Known Member

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    Of course even Donald Sterling has a right to his own ideas and prejudices like all the rest of us. And if he says something in confidence to any person and it's taped and he's outed, well is that fair. Hard to believe the NAACP was giving this guy an award after he was proven as a true bigot (years ago) when as a landlord he basically harassed tenants who were black and latino. Now that was the inexcusable offense not this- a personal conversation with a so-called friend. But why such an uproar. Esp. coming from the players. Since when are they such delicate flowers. All of the black players have seen worse prejudice that this, a million times worse in their personal lives esp before they became famous athletes. And as for on the court what about all of the trash talking. Which goes way below the belt. Like Paul Pierce for example trying to get to Melo last year by talking about his wife. The stuff said by black and white players on the court makes Richie Incognito look like a choir boy. I'd love to hear some of their private conversations with friends, too. If so the entire NBA would be fired. We'd all be fired. Hey look I'm not defending Donald Sterling. He's always been an embarrassment to the league. But he did do a few things as an owner that others didn't: he hired Elgin Baylor as his long time GM, one of the first black execs in the NBA. He was Clippers GM for 22 years even though the team was usually bad. Plus he hired Doc Rivers as HC and paid him a lot of money. And during his tenure hired several other African Americans as HCs. There's a lot of hypocrisy here don't you think.
     
  2. abyzmul

    abyzmul R.J. MacReady, 21018 Funniest Member Award Winner

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    Fucking enter key.
     
  3. Falco21

    Falco21 Well-Known Member

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    This is a situation that is hard for me to choose a side. Donald Sterling is a disgusting individual. This dates back to his numerous times showing his racist nature over the years, but I am a little upset at the reaction to this instance.

    Donald Sterling, as every individual in the United States, is entitled to his own opinion and his own beliefs. He didn't shout his beliefs from a rooftop or in a public setting. He sat there, in his own home talking to his own girlfriend about his beliefs and his views on blacks. Now you are gonna sit here and make the guy this terrible figure because of that? If you want to make him a terrible figure, base it off his previous instances, not this one. The problem with that is, NO ONE gave a shit about his previous instances considering he has been in the league for over twenty years.

    You can't control what a guy believes. You can't blame a guy for discussing his beliefs in the privacy of his own home. You just can't.
     
  4. abyzmul

    abyzmul R.J. MacReady, 21018 Funniest Member Award Winner

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    No publicity was given to previous instances. Same thing can be said for David Duke before he ran for office.
     
  5. Falco21

    Falco21 Well-Known Member

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    Exactly, and that's my biggest problem with this. You wana fault the guy for this instance but what about the thirty other times?
     
  6. abyzmul

    abyzmul R.J. MacReady, 21018 Funniest Member Award Winner

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  7. abyzmul

    abyzmul R.J. MacReady, 21018 Funniest Member Award Winner

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    The thirty other times were brushed under the rug because people that had the power to draw attention away from it did so. That's not the case anymore.
     
  8. Falco21

    Falco21 Well-Known Member

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    Yeah but it's like I said, it takes an instance like this for people to take notice? It juts shows the ignorance of the NBA. They let this guy continue his career without a hiccup for years.
     
  9. abyzmul

    abyzmul R.J. MacReady, 21018 Funniest Member Award Winner

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    It's the same thing with Irsay. The rich are immune to criticism.
     
  10. dawinner127

    dawinner127 Well-Known Member

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    Do I think what he said was assinine? Of course. But there is something called the constitution and the freedom of speech amendment. People saying the NBA needs to FORCE him to sell is ludicrous. There has been a reported history of him being a racist..this is nothing new.

    Also..why is no one talking about how this bitch of a gf recorded the conversation without his consent -- it's illegal in California to do that. Ridiculous.
     
  11. Bellows1

    Bellows1 Well-Known Member

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    I won't deny he's a racist piece of shit, but it seems to me what he said was... You can bang these guys, but don't be so public about it. Don't parade around town with them, bring them to games.
     
  12. dawinner127

    dawinner127 Well-Known Member

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    I've also read conspiracy theorist ideas about how magic set this entire thing because he wants to buy the clippers and get the price as low as he can. Build a LA SPORTS empire
     
  13. abyzmul

    abyzmul R.J. MacReady, 21018 Funniest Member Award Winner

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  14. Poeman

    Poeman Well-Known Member

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    Silver has about 9 billionaires on the phone calling him to be a owner of the Clippers.

    Problem is getting Sterling to legally sell the team. They cant. Silver and the rest of the NBA is built by lawyers and they have little to force their hand other then indefinite suspension.

    They will try to have Sterling sell the team but wont be possible unless Sterling does it.

    Btw, NBAPA can push for the termination of every LAC player contract and make them FA's...Imagine that
     
  15. Poeman

    Poeman Well-Known Member

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    The alleged racist and misogynist rants of Los Angeles Clippers owner Donald Sterling will test the leadership of new NBA commissioner Adam Silver. Sterling's apparent misconduct raises legal questions about Silver's authority and possible punishments to be assessed against Sterling:

    Q: Can Silver force Sterling to say whether the voice on the tapes is his?

    A: Yes. Under the terms of Paragraph 24(m)(ii) of the "constitution" that governs the 30 owners of NBA teams and establishes the authority of the owners' commissioner, Silver can require Sterling to respond under oath to questions. The commissioner has "the right to require testimony and the production of documents and other evidence from any Member." As an owner, Sterling is a "member" of the NBA. Sterling and his lawyers could delay answering questions from Silver, but if Sterling refuses to admit or to deny that it is his voice on the tapes, he is in violation of the constitution and would face termination. He has no protection from the U.S. Constitution's Fifth Amendment guarantee against self-incrimination, because he is not facing any charge of any crime.

    Q: What penalties can Silver issue?

    A: Under the provisions of the bylaws, Silver has two sets of powers that he may use. Under either, he can issue a lifetime suspension and a substantial fine. Under Paragraph 24(l) of the constitution that was adopted by the NBA owners on Oct. 26, 2005, he can issue a fine of up to $2.5 million, can suspend an owner indefinitely and can order the forfeiture of draft picks. This provision applies to situations that are not covered by specific rules within the constitution. In another provision, Paragraph 35(A)(c), Silver can issue an indefinite suspension and a fine of $1 million to any owner who "makes ... a statement having or designed to have an effect prejudicial or detrimental to the best interests of basketball." If Silver wants to hammer Sterling, he can assert that Sterling's statements are so egregious that they go beyond the misconduct contemplated in Paragraph 35 and allow Silver to assess the greater penalties found in Paragraph 24. Sterling can argue that he merely made a statement, but the statement at a minimum allows a lifetime suspension and a $1 million fine.

    Q: Is it possible for Silver and the NBA to terminate Sterling's franchise ownership?

    A: Yes. Under the terms of Paragraph 13 of the constitution, the owners can terminate another owner's franchise with a vote of three-fourths of the NBA Board of Governors, which is composed of all 30 owners. The power to terminate is limited to things like gambling and fraud in the application for ownership, but it also includes a provision for termination when an owner "fails to fulfill" a "contractual obligation" in "such a way as to affect the [NBA] or its members adversely." Silver and the owners could assert that Sterling's statements violated the constitution's requirements to conduct business on a "reasonable" and "ethical" level.

    Any owner or Silver can initiate the termination procedure with a written charge describing the violation. Sterling would have five days to respond to the charge with a written answer. The commissioner would then schedule a special meeting of the NBA Board of Governors within 10 days. Both sides would have a chance to present their evidence, and then the board would vote. If three-fourths of the board members vote to terminate, then Sterling would face termination of his ownership. It would require a vote of two-thirds of the board to reduce the termination to a fine. Terminating a franchise would obviously be a drastic remedy, but the potential of the termination procedure gives Silver and the other owners vast leverage in any discussion with Sterling about an involuntary sale of his team.

    Q: Sterling is notoriously litigious. Can he go to court to stop Silver from punishing him?

    A: Not effectively. When Silver issues his punishment to Sterling, the decision is final. The constitution provides in Paragraph 24(m) that a commissioner's decision shall be "final, binding, and conclusive" and shall be as final as an award of arbitration. It is almost impossible to find a judge in the United States judicial system who would set aside an award of arbitration. Sterling can file a lawsuit, but he would face a humiliating defeat early in the process. There is no antitrust theory or principle that would help him against Silver and the NBA. He could claim an antitrust violation, for example, if he were trying to move his team to a different market. But under the terms of the NBA constitution, he has no chance to succeed in litigation over punishment.

    http://espn.go.com/espn/otl/story/_/id/10852199/challenge-donald-sterling
     
  16. Ralebird

    Ralebird Well-Known Member

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    Well done.
     
  17. Ralebird

    Ralebird Well-Known Member

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    Not only were they set to give him an award, they had given him a Lifetime Achievement Award in 2009 at the same time he was paying a multimillion dollar settlement in a discrimination case brought by Elgin Baylor. Of course all the money he has donated to the NAACP may have blinded them to his darker side.
     
  18. Falco21

    Falco21 Well-Known Member

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    They can force him to sell. In the Constitution of the NBA, there is a clause that says if 3/4 of the owners vote for him to step down, then he must step down. The most probable thing to happen would be that the commissioner shows that the other owners are willing to vote him out, so he looks to sell the team on his own before it gets ripped away from him.
     
  19. JetBlue

    JetBlue Well-Known Member

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    no, forcing him to step down isn't the same as forcing him to sell.

    it is amazing how much the NBA players and owners are completely undermining Silver and setting him up to fail with their public outcries.

    Silver's power in this situation is limited. Sterling can fight legally any punishment attempted to be handed down, and the NBA would have to defend their actions which would violate Sterling's constitutionally protected rights. there is nothing he can do about comments Sterling has made privately, and whining that he needs to be kicked out of the league, when the league can't do such, only sets up Sterling and the NBA to be perceived as either powerless or gutless when they don't do it. Adam Silver needed to tell players and owners to shut the fuck up from the get go rather than whip the public up into a frenzy to demand a punishment that the league can't deliver.

    this is a situation where public opinion is more important, and will be more powerful. the NBA can only deliver some minor punishment, and certainly not a punishment that would satiate the public, sponsors or the players. but the public's opinion will make it impossible for Sterling to be associated with the team. but asinine suggestions like allowing the players and coaches all out of their contracts is ridiculous and only creates unrealistic expectations. I'm sure Sterling and the Clippers aren't going to allow the league to breach legal contracts they have with employees, contracts which power extends beyond just the NBA.

    Adam Silver's role isn't to punish Sterling, because that punishment is limited and minimal. Silver's role is to negotiate a deal with Sterling in which Sterling agrees to walk away from the team, never to be associated with them again, while obviously maintaining his ownership or transferring it to his family. that is done by making Sterling understand that the value of the team and public interest in it will be dead if he fights to stay in his current role. he has undermined his own ability to be associated with the team, and if that value plummets the league would certainly seem to have interest in stepping in, so why wait until that occurs? Sterling has to be made to understand those issues and step aside in a manner that allows him to make it appear voluntarily while also being a perceived public victory for the NBA.

    but the NBA can't force shit and will make the situation worse with any attempt to kick him out.
     
  20. Falco21

    Falco21 Well-Known Member

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    It is forcing him to sell. By showing that the owners are going to vote him out, he will be forced to sell in order to make his money before losing it all. In essence, he would be forced to sell.
     

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