| binary solo said: If the NBA has a charter, and that charter includes provisions for penalties for prejudicial behaviour in relation to race, sex, religion, sexual orientation etc, then I suppose players coaches and other affiliated people can and would face sanctions up to and including lifetime bans. If the NBA has no such charter then one wonders what the basis for the ban of this guy is, other than we don't like what he said and we don't want to associate with him any more, and whether the NBA is on reasonable legal footing in taking the action it has. |
The basis for the fine and lifetime ban are from the NBA Constitution, Article 24(I)"
"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."
The basis for the impending forced sale is persuant to article 13(a):
"The Membership of a Member or the interest of any Owner may be terminated by a vote of three fourths (3/4) of the Board of Governors if the Member or Owner shall do or suffer any of the following:
(a) Willfully violate any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association."
Long story short, the NBA built in a mechanism for punishment by the commissioner, when a punishment had not already been predetermined for the specific infraction. And they built in a mechanism for removal of an owner, by a super majority of the league owners. It appears Silver's acting under the auspices of both articles to levy this punishment.
