LEANING RIGHT-When the Clippers lost game 5 of the playoffs against the Oklahoma Thunder I figured that would be the last I hear of the Los Angeles Clippers until next season. They blew a 7 point lead with 40 seconds remaining on the clock and lost by 1 point. Was I ever wrong! The Clippers will be in the spot-light for a long time.
We can thank an impertinent Donald Sterling for muttering an impertinent remark in the privacy of his home for keeping the Clippers in the spotlight. By the way, Sterling is a billionaire with tenure.
The issue boils down to whether the NBA has the right to seize his team based on an impertinent remark he made in the privacy of his home. The issues on which the case could turn will be tabled in a scheduled meeting with the NBA owners and in a courtroom where Sterling has vowed to “fight to the bloody end”.
Can something Sterling said in the privacy of his girlfriend's living room, without knowing he is being recorded and with no expectation that the comments will become public, be considered a ''willful'' violation of the league's bylaws. A big part of Sterling's defense is based on the idea that ''a jealous rant to a lover never intended to be published cannot offend the NBA rules.''
But other sections of the NBA constitution do not require willfulness, and he is charged with breaking those rules as well. What's more, the league constitution is silent on who bears the burden of proof in Tuesday's hearing, or on what standard Sterling will be judged. Unlike a criminal trial, where guilt must be proven ''beyond a reasonable doubt,'' the other owners are empowered to seize the Clippers for any reason at all, as long as it isn't otherwise illegal. (For example, they can ban him from the league for being a bad owner, but not based on his race.)
In looking at Sterling’s career we immediately see that Elgin Baylor was his General Manager for 22 years. Can that be labeled as racism?
His current coach is Doc Rivers. Can that be labeled as racism?
The other issues that will be raised … as outlined by Jimmy Golen for the Associated Press … are:
STATE STAND-OFF: In California, it is illegal to record someone without his knowledge. If, as Sterling claims, he did not know he was being taped, the recording made by girlfriend V. Stiviano would be inadmissible in court or ''any other proceeding.'' And any evidence obtained because the recording was made public - basically, the whole case against Sterling - would be considered what Supreme Court Justice Felix Frankfurter called ''fruit of the poisonous tree.''
CONSISTENCY: Sterling's brief makes the case that his lifetime ban and $2.5 million fine is not consistent with past punishments handed out by the commissioner's office. He lists several speech-related player penalties - though players are governed by the collective bargaining agreement - as well as owner punishments for drunken driving, for salary cap violations, for referee abuse and for public comments during the 2011 lockout. Those ranged from a one-year suspension to a reported $500,000.
RUSH TO JUDGMENT: Sterling argued that the process did not allow him time to mount an adequate defense; for one thing, he has been banished from his office at Staples Center and thus is unable to verify whether the damages the league claims are real. But the league wants him out by the start of the NBA finals, and it has refused his request for an extension.
Sterling has Maxwell Blecher in his corner. He is the founding partner of Blecher Collins Pepperman & Joye, P.C, is renowned for his expertise in the antitrust field. He has litigated significant cases resulting in many precedent setting decisions in state and federal courts, including the California and U.S. Supreme Courts. He has testified before Congressional hearings; authored numerous articles on antitrust and civil litigation; and lectures extensively on antitrust and trial practice at programs sponsored by federal, state and local bar associations.
Mr. Blecher is a Fellow of the American College of Trial Lawyers and of the American Board of Trial Advocates. He served on President Carter's National Commission for the Review of Antitrust Laws. In 1998 the California State Bar named him Antitrust Lawyer of the Year. Since 1995 he has been listed in Best Lawyers in America; profiled in Chambers USA Guide: America's Leading Business Lawyers; and is one of 14 attorneys profiled in America's Top Trial Lawyers. Mr. Blecher has also been featured in California Lawyer and Los Angeles Magazine as a leading California lawyer.
I have been an impertinent ass all my life and murmured indiscretions under my breath in the privacy of my home. If my neighborhood association decides that because of these indiscretions my home will be appropriated they will have to argue with the three of us. The three references are me and Smith and Wesson.
Sterling has tenure.
Sterling is a fighter.
Sterling is resilient.
Sterling had Elgin Baylor for 22 years – racism?
Sterling has Doc Rivers as current team coach – racism?
Donald Sterling The billionaire is a billionaire.
(Kay Martin is an author and a CityWatch contributor. His new book, Along for the Ride, is now available. He can be reached at [email protected] )
-cw
CityWatch
Vol 12 Issue 44
Pub: May 30, 2014
