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Forums - Sports Discussion - NBA bans Donald Sterling for life, fines him $2.5 million

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.



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Kasz216 said:
binary solo said:
badgenome said:
Well, that's interesting...

If you can be suspended from owning something, do you in fact own it?

If he's banned for life, anyway, what motive is there for him to pay this fine?

Going forward, will players who say sexist or homophobic things face a lifetime ban?

Ownership rights are never absolute. Govts can exercise eminent domain on your property because they want to build a road or a secret military base. You get paid market value (as determined by them) and your only recourse is to go to the courst to get a better price, but you can't stop them buying your property unless you can prove to the courts that the road, or secret military base doesn't have to go there. And you can be banned from owning animals, and any animals you own be taken away from you, if you have been shown to mis-treat them.

But that's not the point here. This guy still owns the Clippers, he doesn't have to sell and the NBA can't make him sell. But if he doesn't sell it becomes a worthless entity. Even he isn't rich enough that $600 million becoming $6 million isn't going to sting.

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.

How much might money talk I wonder? If Sterling were to offer all of the players double their current salary to keep playing for him, would players decide to forget what they know?

Disappointed that you used the G.F. phrase in a non-ironic way.


The NBA charter says they can.

I would like to see what happens if that gets legally challenged. My impression is that the courts would throw out that bit of the charter because while govts can forcebly make people sell (or relinquish) ownership of something is there any precedent for a non-govt entity being able to do the same? No doubt the NBA can do other things, like throw the club out of the competition because an organisation is freely able to determine its membership and with whom it associates but forcing the current owner to sell seems like a legally unenforceable bylaw.



“The fundamental cause of the trouble is that in the modern world the stupid are cocksure while the intelligent are full of doubt.” - Bertrand Russell

"When the power of love overcomes the love of power, the world will know peace."

Jimi Hendrix

 

mornelithe said:
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.

But where does it say being a racist arse is against the the constitution, bylaws, resolutions or agreements? There is probably something about bringing the NBA into disrepute which is what they are hanging this punishment off.



“The fundamental cause of the trouble is that in the modern world the stupid are cocksure while the intelligent are full of doubt.” - Bertrand Russell

"When the power of love overcomes the love of power, the world will know peace."

Jimi Hendrix

 

binary solo said:
But where does it say being a racist arse is against the the constitution, bylaws, resolutions or agreements? There is probably something about bringing the NBA into disrepute which is what they are hanging this punishment off.

 

It falls under the 'conduct detrimental to' clause, that exists in virtually every contract people sign these days.  And given his conduct led to the immediate departure of 5 major sponsors, that's not a hard point to argue.



mornelithe said:
binary solo said:
But where does it say being a racist arse is against the the constitution, bylaws, resolutions or agreements? There is probably something about bringing the NBA into disrepute which is what they are hanging this punishment off.

 

It falls under the 'conduct detrimental to' clause, that exists in virtually every contract people sign these days.  And given his conduct led to the immediate departure of 5 major sponsors, that's not a hard point to argue.

Yes, that will be it.



“The fundamental cause of the trouble is that in the modern world the stupid are cocksure while the intelligent are full of doubt.” - Bertrand Russell

"When the power of love overcomes the love of power, the world will know peace."

Jimi Hendrix

 

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That gold digger knew he was racist, she used this to her advantage, possibly even blackmailed him, no one will touch her with a 10ft pole from now on lol. Have fun at mcdonalds.



I don't disagree with the punishment, but am I the only one who listened to the recording and thought it was a guy who sounded pissed at his lady and was somewhat being railroaded into the comments. Certainly out of line, but the context of some of what was said was odd to say the least.  Also how is it alright to publicize someone's private business when it did not involve and direct felonius or bodily harm issues?



binary solo said:

I would like to see what happens if that gets legally challenged. My impression is that the courts would throw out that bit of the charter because while govts can forcebly make people sell (or relinquish) ownership of something is there any precedent for a non-govt entity being able to do the same?

Yes.



Turkish said:
That gold digger knew he was racist, she used this to her advantage, possibly even blackmailed him, no one will touch her with a 10ft pole from now on lol. Have fun at mcdonalds.

Fuck that noise. She's going to be president!

She's already got the wiretapping part down pat.



Well since Las Vegas is getting a top notch arena there is another reason why no team is going out of business anytime soon they either get one of the existing teams or a expansion franchise in the near future.