Should a league be able to force an owner to sell? (MOD: NBA/Donald Sterling)

[LadyStanley]

(Background: NBA Clippers owner reportedly told female companion to stop inviting "black people" -- like Magic Johnson -- as a guest to basketball games.

This has resulted in a lot of former players saying they'll never attend another Clippers game, comments from POTUS/White House.

Some whispers that owner might be suspended -- from attending games -- for a couple of seasons.)

Now, the media is calling for the league to force the owner to sell. (And a Puck Daddy editoral http://sports.yahoo.com/blogs/nhl-p...uy-hockey-team-to-avoid-blacks-175041067.html)


In the NHL, there have been occasions where owners have been forced to "step away" and have others run the team (e.g., Samueli/Ducks) while they were under legal scrutiny.


IIRC, the NHL does have rules (bylaws) whereby they can force sale after illegal or immoral actions of the owner.

What about other leagues?

Click to read more...

 

[wildthing202]

(Background: NBA Clippers owner reportedly told female companion to stop inviting "black people" -- like Magic Johnson -- as a guest to basketball games.

This has resulted in a lot of former players saying they'll never attend another Clippers game, comments from POTUS/White House.

Some whispers that owner might be suspended -- from attending games -- for a couple of seasons.)

Now, the media is calling for the league to force the owner to sell. (And a Puck Daddy editoral http://sports.yahoo.com/blogs/nhl-p...uy-hockey-team-to-avoid-blacks-175041067.html)


In the NHL, there have been occasions where owners have been forced to "step away" and have others run the team (e.g., Samueli/Ducks) while they were under legal scrutiny.


IIRC, the NHL does have rules (bylaws) whereby they can force sale after illegal or immoral actions of the owner.

What about other leagues?

MLB suspended/banned Steinbrenner then reinstated him. They also got rid of Schott from the Reds

 

[Fugu]

The optics of this are fairly bad. The owner has a history of racist practices on the real estate side, and moreover his girlfriend is of mixed Mexican and African American descent. He owns an NBA team which by default will be populated by mainly African American men.

Talk about a mixed up man.

It will be interesting to see what the NBA can do. Having an openly racist owner, also the longest tenured NBA owner, getting caught with these kinds of comments for a league where the majority of players are African-American, and a good portion of its fan base? Just wow.

 

[gstommylee]

If what the owner is saying or doing is damaging the overall product of the league? Then yes the league should have the right to force an owner out.

 

[cutchemist42]

Not sure if anyone saw, but it seems Clippers' players already see him as guilty, wearing their warmups inside out

Not sure how many saw yesterday, but Silver said he is owed a due process to learn about it, but TMZ despite being a scummy company at times, is fairly accurate about these types of things.

The optics are just terrible.

 

[Mike Jones]

There should always be a wing-nut clause in whatever legal paperwork a person has to sign in order to become an owner in any league. If an owner crosses a line the team should be put in trust (If that's the proper legalese) with the league dealing with the asset as they see fit.

 

[Bear of Bad News]

It's a franchise in a larger organization - the league definitely should have the ability to push someone out.

There's a grand tradition in our league with this, starting with the formation of the NHL, where they formed a brand new league and invited every NHA team except one to join.

 

[Fugu]

Michael Jordan speaks up:

"I look at this from two perspectives — as a current owner and a former player," Jordan's statement reads. "As an owner, I’m obviously disgusted that a fellow team owner could hold such sickening and offensive views. I’m confident that (NBA commissioner) Adam Silver will make a full investigation and take appropriate action quickly. As a former player, I’m completely outraged. There is no room in the NBA — or anywhere else — for the kind of racism and hatred that Mr. Sterling allegedly expressed. I am appalled that this type of ignorance still exists within our country and at the highest levels of our sport. In a league where the majority of players are African-American, we cannot and must not tolerate discrimination at any level.â€
​

 

[Brodie]

The optics of this are fairly bad. The owner has a history of racist practices on the real estate side, and moreover his girlfriend is of mixed Mexican and African American descent. He owns an NBA team which by default will be populated by mainly African American men.

Talk about a mixed up man.

It will be interesting to see what the NBA can do. Having an openly racist owner, also the longest tenured NBA owner, getting caught with these kinds of comments for a league where the majority of players are African-American, and a good portion of its fan base? Just wow.

it's a pretty clear plantation mentality... he's got no problem making money off African Americans or with sleeping with African American models or the like, but he can't accept the idea of them being equal to him and he doesn't want to associate with them outside of those contexts where he's clearly in control. He once previously told Elgin Baylor that he wanted the team to be made up of "poor black boys from the South overseen by a white coach, like a plantation". This is especially clear in the extended tape. Also, he seems to have rationalized that mixed race people are "ok" hence his girlfriend (there is a long debate about how light skinned someone has to be in order to be able to appear on her Instagram)

And I mean, this...

DS: It's the world! You go to Israel, the blacks are just treated like dogs.

V: So do you have to treat them like that too?

DS: The white Jews, there's white Jews and black Jews, do you understand?

V: And are the black Jews less than the white Jews?

DS: A hundred percent, fifty, a hundred percent.

V: And is that right?

DS: It isn't a question—we don't evaluate what's right and wrong, we live in a society. We live in a culture. We have to live within that culture.

V: But shouldn't we take a stand for what's wrong? And be the change and the difference?

DS: I don't want to change the culture, because I can't. It's too big and too [unknown].

 

[BigZ65]

It's a franchise in a larger organization - the league definitely should have the ability to push someone out.

There's a grand tradition in our league with this, starting with the formation of the NHL, where they formed a brand new league and invited every NHA team except one to join.

This is a key point. The league can keep someone out, like the NHL has with Balsillie, and the NFL is about to do with Trump in Buffalo, and they can force someone out for violating league by-laws and acting against the interests of the league in serious cases.

Obviously the franchisee would be entitled to challenge in court.

 

[wunderpanda]

This is a key point. The league can keep someone out, like the NHL has with Balsillie, and the NFL is about to do with Trump in Buffalo, and they can force someone out for violating league by-laws and acting against the interests of the league in serious cases.

Obviously the franchisee would be entitled to challenge in court.

Not sure if Sterling can sue in court, NBA may have something written into ownership agreement that prevents it. I remember hearing something of the sort during the Sacramento Kings drama last year.

 

[Mayor Bee]

Yes, the league should have that power.

Yes, that type of power should be treated with extreme restraint.

 

[gstommylee]

Not sure if Sterling can sue in court, NBA may have something written into ownership agreement that prevents it. I remember hearing something of the sort during the Sacramento Kings drama last year.

Can the NBA really take away a person right to sue?

 

[PCSPounder]

Some things are worth unleashing the lawyers.

The real question is how many other owners secretly agree with Sterling and/or don't want the precedent of throwing an owner out for simply speaking his mind.

Could this get swept under the rug? It sure as Hell shouldn't.

 

[wunderpanda]

Can the NBA really take away a person right to sue?

http://www.scpr.org/news/2014/04/27/43811/nba-has-at-least-3-options-for-sanctions-if-sterli/

Expulsion is another possibility, but one that would likely lead to a lawsuit, he said.

"The problem there would be that he would likely sue the NBA for breach of contract, his franchise agreement and potentially an anti-trust claim", he said. The anti-trust claim would be a result of NBA owners joining forces to push Sterling to sell his team at below market value

I guess he could, still looking for information about the actual franchise owner agreement tho.

 

[wunderpanda]

Some things are worth unleashing the lawyers.

The real question is how many other owners secretly agree with Sterling and/or don't want the precedent of throwing an owner out for simply speaking his mind.

Could this get swept under the rug? It sure as Hell shouldn't.

http://deadspin.com/your-complete-quotable-guide-to-decades-of-donald-sterl-1568047212

Lots of dirt already under that rug

 

[HabsByTheBay]

Not sure if Sterling can sue in court, NBA may have something written into ownership agreement that prevents it. I remember hearing something of the sort during the Sacramento Kings drama last year.

Sterling's owned the team for over 30 years, his ownership may predate some kind of clause like that. They may not have thought to do it before Al Davis sued the NFL.

 

[tarheelhockey]

Reminds me a lot of Marge Schott, who managed to get herself completely banned from baseball.

 

[BigZ65]

http://www.scpr.org/news/2014/04/27/43811/nba-has-at-least-3-options-for-sanctions-if-sterli/



I guess he could, still looking for information about the actual franchise owner agreement tho.

Even if they have some sort of clause that tries to stamp out litigation, they'd have to prove that the owner in question violated their agreement with the league to an extent that the league was within their right to revoke the franchise, if the owner challenged his/her ouster in court.

You can sign a contract that says a lot of things in terms of outside recourse, but it's meaningless unless it is upheld by the court.

My guess is the NBA doesn't want to waste time, money or energy on that, and it's not exactly an open and shut case. They might try to convince Sterling to sell or put the team in a blind trust of some sort and stay out of operating it after being suspended for a significant period of time.

 

[cutchemist42]

TBH, I doubt the NBA does anything. The guy is already known publicly for terrible things he's already said, and is still in the NBA. What does this change?

 

[gstommylee]

TBH, I doubt the NBA does anything. The guy is already known publicly for terrible things he's already said, and is still in the NBA. What does this change?

Cause this is damaging the league's image and product.

 

[Kitsune]

I almost wonder if he'll be force to sell the team regardless what happens
in the next few years because the black players attempt a boycott.

 

[Hasbro]

Unfortunately Wirtz and Ballard took the Grim Reaper to force them out of ownership.

 

[Killion]

Unfortunately Wirtz and Ballard took the Grim Reaper to force them out of ownership.

Ya, exact same thought crossed my mind reading this thread, Harold Ballard in particular. The "stuff" that came out of his mouth... not a thing really the league nor anyone for that matter could do about it. Sexist, racist, Harold was an equal opportunity offender. Hated & insulted everybody no matter race, color or creed & did so aggressively.... Age just made him worse. One time in his 80's & still traveling with the Leafs as was his delight, coming back into Canada from the US a Canadian Customs Guard of Asian descent asked Harold if he had anything to declare & where was his place of birth (?).... well, Ballard grabs the guy by the collar, hauls him off his feet & glaringly tells him "no, the question is where is your place of birth"?.. drops him in a splat on the floor & storms off swearing to peel the paint off the walls about immigration, Asians, you name it. Reporters joyfully recording every word. No fine. No nothin. Be interesting to see how the NBA trys to sort this one out.

 

[BigZ65]

Ya, exact same thought crossed my mind reading this thread, Harold Ballard in particular. The "stuff" that came out of his mouth... not a thing really the league nor anyone for that matter could do about it. Sexist, racist, Harold was an equal opportunity offender. Hated & insulted everybody no matter race, color or creed & did so aggressively.... Age just made him worse. One time in his 80's & still traveling with the Leafs as was his delight, coming back into Canada from the US a Canadian Customs Guard of Asian descent asked Harold if he had anything to declare & where was his place of birth (?).... well, Ballard grabs the guy by the collar, hauls him off his feet & glaringly tells him "no, the question is where is your place of birth"?.. drops him in a splat on the floor & storms off swearing to peel the paint off the walls about immigration, Asians, you name it. Reporters joyfully recording every word. No fine. No nothin. Be interesting to see how the NBA trys to sort this one out.

Completely different time though, in terms of media scrutiny and how those kinds of views/actions are viewed by society as a whole.

The NHL didn't have to worry about Ballard scaring off sponsors in his time, the only big sponsors around were beer and tobacco companies.