Thanks for finding that.I think there could be an interesting legal battle looming. There's a principle of contractual interpretation that says that a more specifically worded or more narrowly applicable provision will trump a more general provision.FWIW, the current Constitution and By-Laws have been posted and are linked to on this Deadspin article
The provision of the NBA Constitution that applies most specifically to Sterling's statement -- because it applies only to statements -- is section 35A©, which says:
Any person who gives, makes, issues, authorizes or endorses any statement having, or designed to have, an effect prejudicial or detrimental to the best interests of basketball or of the Association or of a Member or its Team, shall be liable to a fine not exceeding $1,000,000 to be imposed by the Commissioner. The Member whose Owner, Officer, Manager, Coach or other employee has been so fined shall pay the amount of the fine should such person fail to do so within ten (10) days of its imposition.
(My emphasis.) So it allows only a $1 million fine -- no suspension.
Section 35A(d) is a bit less specific because it applies to any conduct, not just statements:
The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $1,000,000, or inflict both such suspension and fine upon any person who, in his opinion, shall have been guilty of conduct prejudicial or detrimental to the Association.
It allows a $1 million fine plus an indefinite suspension.
And then there's the catchall, section 24(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.
It allows a $2.5 million fine plus an indefinite suspension.
I think there's a strong argument that section 35A© applies, authorizing only a $1 million fine. If a statement that qualifies under 35A© also qualifies as conduct under 35A(d), then 35A© is superfluous -- which is a pretty good argument that we should not interpret it that way. Section 35A(d), therefore, probably does not apply, and the suspension is unauthorized.
Moreover, since both 35A© and 35A(d) fix a penalty for violation, I think there's a very strong argument that section 24(l) does not apply. (Section 35A gives a range of penalties rather than a specific penalty; but what's the point of saying "not exceeding $1,000,000" if the "not exceeding" part renders it un-fixed, and therefore subject to the $2.5 million penalty?)
If I were arbitrating this, I might uphold only a $1 million fine with no suspension.
Moreover, I'm not so sure the other owners will be able to force Sterling to sell his interest. Article 13 says:
The ... interest of any Owner may be terminated by a vote of three fourths (3/4) of the Board of Governors if the ... Owner shall ... [w]illfully violate any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association.
The rule that Sterling violated is in section 35A. But did he willfully say anything detrimental to the league? He just might be stupid enough to think that refusing to publicly associate (directly or indirectly) with black people actually enhances his reputation in the community, and is a benefit to the league. It would be fun if he made that argument, anyway. Also, he didn't will that his statement would be heard by anyone but his girlfriend.
Inside the mind of a shooter.@royceyoung
Westbrook: "If they give me a 15-footer, I'm gonna make that nine times out of 10, so I'm gonna shoot it." Um. Uh. Hmm.
This was a fun year in a different way. We all knew the Bulls weren't going to win it all this year, but watching Noah move to Superstar level was worth it. The Bulls are still in a good position to build for next season. The team's flaws are obvious and they do have a couple mid firsts to address some role player needs. I think Boozer is all but gone and we have a little bit of free agent money this offseason. But also a lot of holes in the rotation to fill.Nice dominating series by the Wizards. Congrats to their fans! Things are set up for them to have a nice playoff run. Despite the Bulls offense being horrible, I still thought the Wizards defensive was impressive.
I don't think that's true (that the value has peaked or is anywhere close to it), but even if it were, it wouldn't matter. It doesn't sound like Sterling cares about any of that. He doesn't want to sell. Period. He just wanted to own them for the rest of his life, and I assume for the Clippers to stay in the Sterling family for many more generations.So I am sure Sterling does not want to sell, but I can't imagine the value of the Clippers will ever be higher under his ownership. Right now its a good young team, with bright stars, and is ready to take over the LA market.
If Sterling fights this, you'll end up with a crappy franchise again, with no star players or coaches willing to be associated with the team.
Such a horrible decision.Second in what may be a lengthy string of reminders that the Brooklyn Nets tanked out of the 5 seed so that they could play the Raptors and the winner of Heat/Bobcats instead of the Bulls and the winner of Pacers/Hawks.
Does anyone know who in the Nets front office spearheaded this move? Or do I just send the Thank You gift basket to Barclays?
McCann at SI has a vey good article on the legal situation this morning. A point he raised - Sterling will have a massive capital gains tax bill if he sells, but if the franchise passes onto his heirs they can substantially reduce or eliminate the taxes owed. If nothing else, this gives him a huge incentive to fight tooth and nail on the sale issue.I don't think that's true (that the value has peaked or is anywhere close to it), but even if it were, it wouldn't matter. It doesn't sound like Sterling cares about any of that. He doesn't want to sell. Period. He just wanted to own them for the rest of his life, and I assume for the Clippers to stay in the Sterling family for many more generations.So I am sure Sterling does not want to sell, but I can't imagine the value of the Clippers will ever be higher under his ownership. Right now its a good young team, with bright stars, and is ready to take over the LA market.
If Sterling fights this, you'll end up with a crappy franchise again, with no star players or coaches willing to be associated with the team.
Depends on what you mean by "this".Bucky86 said:Has panther club's schtick always been this?
I think this thing goes to court regardless. Some dude on satellite radio this morning was even talking about Sterling getting a stay from a judge just in spite of the NBA, not sure how feasible that is but pretty much everyone agrees that Sterling is lawyering up for a fight.McCann at SI has a vey good article on the legal situation this morning. A point he raised - Sterling will have a massive capital gains tax bill if he sells, but if the franchise passes onto his heirs they can substantially reduce or eliminate the taxes owed. If nothing else, this gives him a huge incentive to fight tooth and nail on the sale issue.I don't think that's true (that the value has peaked or is anywhere close to it), but even if it were, it wouldn't matter. It doesn't sound like Sterling cares about any of that. He doesn't want to sell. Period. He just wanted to own them for the rest of his life, and I assume for the Clippers to stay in the Sterling family for many more generations.So I am sure Sterling does not want to sell, but I can't imagine the value of the Clippers will ever be higher under his ownership. Right now its a good young team, with bright stars, and is ready to take over the LA market.
If Sterling fights this, you'll end up with a crappy franchise again, with no star players or coaches willing to be associated with the team.
My personal fan clubDepends on what you mean by "this".Bucky86 said:Has panther club's schtick always been this?
Facts rarely get in his way. You should see his work in the Pepsi stunt driving threads and the thread about the dad shooting the laptop on facebook. This thread is just scratching the surface. For most others it's pretty simple. The NBA owners become such under the NBA rules and consequences. Becoming an owner means you agree to abide by those rules and consequences. Pretty cut and dry.....sans pantherclub.
If only the NBA had a team of lawyers behind them when they made this decision. If only...I think this thing goes to court regardless. Some dude on satellite radio this morning was even talking about Sterling getting a stay from a judge just in spite of the NBA, not sure how feasible that is but pretty much everyone agrees that Sterling is lawyering up for a fight.McCann at SI has a vey good article on the legal situation this morning. A point he raised - Sterling will have a massive capital gains tax bill if he sells, but if the franchise passes onto his heirs they can substantially reduce or eliminate the taxes owed. If nothing else, this gives him a huge incentive to fight tooth and nail on the sale issue.I don't think that's true (that the value has peaked or is anywhere close to it), but even if it were, it wouldn't matter. It doesn't sound like Sterling cares about any of that. He doesn't want to sell. Period. He just wanted to own them for the rest of his life, and I assume for the Clippers to stay in the Sterling family for many more generations.So I am sure Sterling does not want to sell, but I can't imagine the value of the Clippers will ever be higher under his ownership. Right now its a good young team, with bright stars, and is ready to take over the LA market.
If Sterling fights this, you'll end up with a crappy franchise again, with no star players or coaches willing to be associated with the team.
wait what? I am saying Sterling is going to fight this, what are you saying again?You're right, they're wrong.lawyers cant be wrong?![]()
McCann's article was both good and bad. The cap gains perspective was interesting, but he appeared to be working off of an old copy of the NBA By-Laws and Constitution because he failed to mention the provision under Article 13 that the owners will argue applies.McCann at SI has a vey good article on the legal situation this morning. A point he raised - Sterling will have a massive capital gains tax bill if he sells, but if the franchise passes onto his heirs they can substantially reduce or eliminate the taxes owed. If nothing else, this gives him a huge incentive to fight tooth and nail on the sale issue.I don't think that's true (that the value has peaked or is anywhere close to it), but even if it were, it wouldn't matter. It doesn't sound like Sterling cares about any of that. He doesn't want to sell. Period. He just wanted to own them for the rest of his life, and I assume for the Clippers to stay in the Sterling family for many more generations.So I am sure Sterling does not want to sell, but I can't imagine the value of the Clippers will ever be higher under his ownership. Right now its a good young team, with bright stars, and is ready to take over the LA market.
If Sterling fights this, you'll end up with a crappy franchise again, with no star players or coaches willing to be associated with the team.
Tobias.. The Wiz!!!
damn right....I have a soft spot in my heart of hearts for continual trainwrecks....don't ever change GB.My personal fan clubDepends on what you mean by "this".Bucky86 said:Has panther club's schtick always been this?
Facts rarely get in his way. You should see his work in the Pepsi stunt driving threads and the thread about the dad shooting the laptop on facebook. This thread is just scratching the surface. For most others it's pretty simple. The NBA owners become such under the NBA rules and consequences. Becoming an owner means you agree to abide by those rules and consequences. Pretty cut and dry.....sans pantherclub.
I'm sure the NBA expects quite a legal fight.If only the NBA had a team of lawyers behind them when they made this decision. If only...I think this thing goes to court regardless. Some dude on satellite radio this morning was even talking about Sterling getting a stay from a judge just in spite of the NBA, not sure how feasible that is but pretty much everyone agrees that Sterling is lawyering up for a fight.McCann at SI has a vey good article on the legal situation this morning. A point he raised - Sterling will have a massive capital gains tax bill if he sells, but if the franchise passes onto his heirs they can substantially reduce or eliminate the taxes owed. If nothing else, this gives him a huge incentive to fight tooth and nail on the sale issue.I don't think that's true (that the value has peaked or is anywhere close to it), but even if it were, it wouldn't matter. It doesn't sound like Sterling cares about any of that. He doesn't want to sell. Period. He just wanted to own them for the rest of his life, and I assume for the Clippers to stay in the Sterling family for many more generations.So I am sure Sterling does not want to sell, but I can't imagine the value of the Clippers will ever be higher under his ownership. Right now its a good young team, with bright stars, and is ready to take over the LA market.
If Sterling fights this, you'll end up with a crappy franchise again, with no star players or coaches willing to be associated with the team.
That's my point. I'm sure the NBA knows exactly what they're going to get in terms of a fight from Sterling. I'm guessing they went over a multitude of scenarios where if they did X, Sterling would do X and came to the conclusion that this was their best course of action. We, non-lawyers who've not read their by-laws/constitution, have no idea.I'm sure the NBA expects quite a legal fight.If only the NBA had a team of lawyers behind them when they made this decision. If only...I think this thing goes to court regardless. Some dude on satellite radio this morning was even talking about Sterling getting a stay from a judge just in spite of the NBA, not sure how feasible that is but pretty much everyone agrees that Sterling is lawyering up for a fight.McCann at SI has a vey good article on the legal situation this morning. A point he raised - Sterling will have a massive capital gains tax bill if he sells, but if the franchise passes onto his heirs they can substantially reduce or eliminate the taxes owed. If nothing else, this gives him a huge incentive to fight tooth and nail on the sale issue.I don't think that's true (that the value has peaked or is anywhere close to it), but even if it were, it wouldn't matter. It doesn't sound like Sterling cares about any of that. He doesn't want to sell. Period. He just wanted to own them for the rest of his life, and I assume for the Clippers to stay in the Sterling family for many more generations.So I am sure Sterling does not want to sell, but I can't imagine the value of the Clippers will ever be higher under his ownership. Right now its a good young team, with bright stars, and is ready to take over the LA market.
If Sterling fights this, you'll end up with a crappy franchise again, with no star players or coaches willing to be associated with the team.
Even if there's a chance the ban (even moreso a forced sell) wouldn't survive in court, they might see this as the best course of action. Maybe even the only course of action.
Sponsors were leaving. Players were talking about boycotting. This in the middle of a wildly successful round of Playoffs and the NBA in general is on the rise.
Even if none of this holds, they are giving the impression that they are doing everything they can. That could certainly be worth a lengthy court battle they ultimately lose. They staved off a Playoff catastrophe and set themselves up to minimize the harm even if they can't really get rid of Sterling.
Commissioner specifically said it was for this particular incident only - which I am sure is CYA language. But the NBA was faced with some serious negative publicity to all franchises if they did not take the action it took yesterday - players boycotting games would have been a nightmare scenario - and dragged this story on, when, arguably, the NBA is enjoying its best set of 1st round playoffs ever.I know Sterling is a POS, but does anyone else think the punishment here doesn't really fit the crime, or is this like a lifetime achievement award thing?
The man was caught on tape admitting he uses his massive power to reinforce the racial divides he perceives in the world, because it’s good business. I’m not sure how you can keep him around after that. It's about all the actions he's taken based on his twisted worldview.Jayrod said:I know Sterling is a POS, but does anyone else think the punishment here doesn't really fit the crime, or is this like a lifetime achievement award thing?
I don't think of it as a punishment. I think that NBA owners should be able to decide they don't want to continue to be partners with someone who they think hurts their business. I know that some think that this blows the "crime" of Sterling's private racism out of proportion to other moral faults, but the reality of the NBA is that this is a business that relies in large part on the talents of African American men. And if 80% of the league's employees don't want the other owners to associate with a toxic, avowed racist, that has the potential to cause dramatic economic harm.Jayrod said:I know Sterling is a POS, but does anyone else think the punishment here doesn't really fit the crime, or is this like a lifetime achievement award thing?
Whether one agrees or not, it's quite apparent these "actions" against him aren't solely over the latest incident, rather his entire long lived body of work. Similar to OJ here in that when he was finally thrown in jail the punishment seemed to be more about him getting off a murder charge rather than him committing "armed robbery".Jayrod said:I know Sterling is a POS, but does anyone else think the punishment here doesn't really fit the crime, or is this like a lifetime achievement award thing?
YepI don't think of it as a punishment. I think that NBA owners should be able to decide they don't want to continue to be partners with someone who they think hurts their business. I know that some think that this blows the "crime" of Sterling's private racism out of proportion to other moral faults, but the reality of the NBA is that this is a business that relies in large part on the talents of African American men. And if 80% of the league's employees don't want the other owners to associate with a toxic, avowed racist, that has the potential to cause dramatic economic harm.Jayrod said:I know Sterling is a POS, but does anyone else think the punishment here doesn't really fit the crime, or is this like a lifetime achievement award thing?
I don't think McCann did a very good job of explaining this. He states the combined federal/state capital gains rate would be 33% but the top federal estate tax rate is 40%. I'm not sure how selling it while he is alive would be more expensive than allowing the team to pass through his estate.thecatch said:McCann at SI has a vey good article on the legal situation this morning. A point he raised - Sterling will have a massive capital gains tax bill if he sells, but if the franchise passes onto his heirs they can substantially reduce or eliminate the taxes owed. If nothing else, this gives him a huge incentive to fight tooth and nail on the sale issue.pollardsvision said:I don't think that's true (that the value has peaked or is anywhere close to it), but even if it were, it wouldn't matter. It doesn't sound like Sterling cares about any of that. He doesn't want to sell. Period. He just wanted to own them for the rest of his life, and I assume for the Clippers to stay in the Sterling family for many more generations.Sinn Fein said:So I am sure Sterling does not want to sell, but I can't imagine the value of the Clippers will ever be higher under his ownership. Right now its a good young team, with bright stars, and is ready to take over the LA market.
If Sterling fights this, you'll end up with a crappy franchise again, with no star players or coaches willing to be associated with the team.
That's because Silver told us that he didn't consider Sterling's history of being sued for housing discrimination. Sterling's comments weren't directed at why he preferred renting to Koreans instead of Hispanics and African Americans. They were directed to why he didn't want his mistress posting pictures with black dudes on Instagram.People keep suggesting his is some kind of private racism as if he wasn't recorded talking about the real life impact of his views, and as if he hadn't been sued multiple times for racism and discrimination.
Proper estate planning can mitigate that a great deal. I doubt he has a plan in place to handle the capital gains tax.I don't think McCann did a very good job of explaining this. He states the combined federal/state capital gains rate would be 33% but the top federal estate tax rate is 40%. I'm not sure how selling it while he is alive would be more expensive than allowing the team to pass through his estate.thecatch said:McCann at SI has a vey good article on the legal situation this morning. A point he raised - Sterling will have a massive capital gains tax bill if he sells, but if the franchise passes onto his heirs they can substantially reduce or eliminate the taxes owed. If nothing else, this gives him a huge incentive to fight tooth and nail on the sale issue.pollardsvision said:I don't think that's true (that the value has peaked or is anywhere close to it), but even if it were, it wouldn't matter. It doesn't sound like Sterling cares about any of that. He doesn't want to sell. Period. He just wanted to own them for the rest of his life, and I assume for the Clippers to stay in the Sterling family for many more generations.Sinn Fein said:So I am sure Sterling does not want to sell, but I can't imagine the value of the Clippers will ever be higher under his ownership. Right now its a good young team, with bright stars, and is ready to take over the LA market.
If Sterling fights this, you'll end up with a crappy franchise again, with no star players or coaches willing to be associated with the team.
Has he won it before?Jamal Crawford wins 6th man of the year.
http://nba.si.com/2014/04/30/report-jamal-crawford-sixth-man-of-the-year/