OT - Clippers Owner Donald Sterling to GF -- Don't Bring Black People to My Games

Discussion in 'Portland Trail Blazers' started by SlyPokerDog, Apr 26, 2014.

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Will Sterling be owner of the Clips on Nov. 1?

  1. yes, he'll still be owner (Sterlng Wins, at least temporarily)

    6 vote(s)
    18.8%
  2. no, he'll be ousted (Sterling Loses)

    8 vote(s)
    25.0%
  3. no, but he'll make an exorbitant amount of dough in the sale (Sterling basically wins)

    18 vote(s)
    56.3%
  1. Mr. J

    Mr. J Triple Up

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    Re: What I'd like to hear Silver say

    That's true, but he probably could have made more money, especially if the Clippers end up being dominant over the next few years. I don't know if there's much more the league could have done. At least it tarnishes his name and credibility in the future and sets a precedent. I still wish he wasn't walking away with that much money though.
     
  2. Reep

    Reep Well-Known Member

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    Re: Banned for life and $2.5 mm fine!

    Anyone else notice that by Silver stepping in the way he did, he will certainly maximize the amount of money Sterling walks away with. If Silver had not stepped in and let the market deal with it, the value of the team would have fallen dramatically and cost Sterling a lot of money. I can't think of a way where Sterling could come out of this better financially than the way it is playing out.

    Unintended consequences.
     
  3. Mr. J

    Mr. J Triple Up

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    Re: What I'd like to hear Silver say

    Of course he doesn't own them, but he sees them as inferior human beings, unlike the other nationalities who he is paying less. He's not being generous because he is paying Chris Paul a nice salary. He sees Chris Paul as an inferior human being whose sole purpose is to help generate him a fortune.
     
  4. Boob-No-More

    Boob-No-More Why you no hire big man coach?

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    Re: Banned for life and $2.5 mm fine!

    All you wannbe lawyers need to reed this article:

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

    Especially, this part:

    "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."

    This isn't a case of freedom of speech or property rights. It's basic contract law. The NBA has an airtight contract in the form of it's bylaws and constitution that Sterling agreed to when he became an owner. Do you think it's any coincidence that the past and current commissioners are both attorneys?

    Not that this will ever go to court, but if it did, the tapes were made at Sterling's request (according to multiple sources) and wold be admissible.

    BNM
     
  5. Haakzilla

    Haakzilla Well-Known Member

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    Re: What I'd like to hear Silver say

    ...that would be amazing if this happened next year, introducing The Seattle Super Clippers!
     
  6. RR7

    RR7 Well-Known Member

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    Re: Banned for life and $2.5 mm fine!

    Wouldn't the "Commissioner's decision" portion be binding strictly for his ban and fine? And not for the selling of the team, which is what I imagine he'd be gearing up to fight more.
     
  7. KeepOnRollin

    KeepOnRollin Well-Known Member

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    Re: Banned for life and $2.5 mm fine!

    Sterling has been an owner for a LONG time. Any chance he didn't sign that contract? I would assume even if he signed a different contract at the time that he would have had to sign this amended version at some point or that the original contract stated that it could be amended at any time and such amendments would be automatically agreed to.
     
  8. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    Re: What I'd like to hear Silver say

    Interesting that you had a conversation with sterling so you can explain what he truly expresses. Or are u generating this from the transcripts we all read?

    If it's the later, you don't have enough evidence to think what you just wrote.
     
  9. The_Lillard_King

    The_Lillard_King Westside

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    Re: Banned for life and $2.5 mm fine!

    You seem to use the legal system as a measurement of how bad the conduct is. I don't think that is good measuring stick to decide how bad the conduct is. Some player could be driving without a license and committing a crime and I would consider what Sterling said and his views on life to be much serious and detrimental to the image of the NBA.

    Seems like the NBA looks at many different factors when deciding punishment (which is why I don't buy into the slippery slope argument). In this case I think the punishment was harsh but appropriate. Sterling is being made an example, but he he dug his own grave.

    My thoughts on the conversation being private is whether the comments were made in private is not really an issue because the reality is the comment are now public and represent the mindset of Sterling.
     
    Last edited: Apr 29, 2014
  10. Boob-No-More

    Boob-No-More Why you no hire big man coach?

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    Re: Banned for life and $2.5 mm fine!

    Yeah right, that's not gonna happen. Sterling tries to sue the NBA for $2 billion and the league and the other 29 owners will turn around and counter sue for $200 billion for damaging their brand.

    Read the article I linked in my other post. Sterling is contractually bound to accept this punishment as it's the maximum allowed under the league's constitution and is considered final and binding - "and shall be as final as an award of arbitration." By becoming a team owner, Sterling agreed to be bound by the league's constitution and bylaws. He agreed to abide by the decisions of the commissioner as an award of arbitration. When you agree to legally binding arbitration, you do so in lieu of litigation. This decision is legally binding and there is nothing Sterling can do about it.

    But, it doesn't mean he'll be forced to sell the team. It would take a 75% vote of the owners to terminate the franchise.

    BNM
     
  11. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    Re: Banned for life and $2.5 mm fine!

    Bro, I agree that he will be forced out. But the civil case is what I'm talking about. And if you think you can use the tapes in a civil case, you are sadly mistaken.
     
  12. Boob-No-More

    Boob-No-More Why you no hire big man coach?

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    Re: Banned for life and $2.5 mm fine!

    Yup, see my response to Mags...

    BNM
     
  13. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    Re: Banned for life and $2.5 mm fine!

    Damage to their brand? Bro, the tapes "will not" be used in any court. So how else are they going to prove what he said damaged the nba? I'll wait....

    Look I want him out and I think he's a scumbag. But you guys thinking this will get swept under the rug without further litigation are being naive.
     
  14. Mote

    Mote Well-Known Member

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    Re: Banned for life and $2.5 mm fine!

    ESPN is a bed bitch of sports leagues. You are welcome to find your legal counsel on their website if you so choose. Hell... I will guarantee you legal counsel on both sides of this issue are just entering into legal discovery phase.

     
  15. Boob-No-More

    Boob-No-More Why you no hire big man coach?

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    Re: Banned for life and $2.5 mm fine!

    What civil case? Did you rad the article I linked? Silver's decision is the same as legally binding arbitration. There isn't a judge in the US that will let Sterling tear up that arbitration agreement and sue the NBA in civil court. If he tries, it will be thrown out long before it ever goes to trial.

    BNM
     
  16. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    Banned for life and $2.5 mm fine!

    I guess we will see. So a corporate agreement that warrants killing someone else going to protect you from the law? I would like to know your answer.

    And I did read the article... I just doubt it can protect you from civil law. Sorry, I've been around and I've fought against legal binding corporate contracts. I will tell you that they are completely different in a civil case.
     
  17. RR7

    RR7 Well-Known Member

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    Re: Banned for life and $2.5 mm fine!

    If they wanted to, they can go without the tapes and go on previous racist statements from Sterling, I'd imagine.
     
  18. porkchopexpress

    porkchopexpress Well-Known Member

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    Re: Banned for life and $2.5 mm fine!

    Within a day or two, major sponsors were dropping the Clippers. You think that would change if Sterling stays on? That hurts their brand.
     
  19. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    Re: Banned for life and $2.5 mm fine!

    Only thing they can do. Bring in the ex girlfriend. And watch sterling's million dollar attorneys rip her credibility apart.

    Who else?
     
  20. RR7

    RR7 Well-Known Member

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    Re: Banned for life and $2.5 mm fine!

    killing someone is just being ridiculous mags, come on.

    If I independantly own a McDonalds, I own my individually own my restaurant, but am still bound to the Franchise(NBA) as a whole. If I were doing or saying things to damage their reputation and overall franchise, I'd be held to the franchise contract that I signed with them.
     

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