The NBA contracting the Clippers would destroy professional sports

[Joyner82reload]

It would set forth a precedent that would change the landscape of professional ownership overnight. No owner would be safe, as all of them take part in controversial actions in their personal life just like any other human. Their investment would become highly volatile and influenced by any little thing that could go public. The idea of essentially penalizing a man 3/4 billion dollars because he said he didn't want blacks at his games is ludicrous. Especially given the fact he said this in the confidence of his own home and in no public forum. Imagine an owner becoming outraged by a players actions and saying something remotely racist or sexist out of frustration. Do they also have their franchise essentially seized? This is treading on very, very thing ice.

[STATUTORY]

it's really terrifying, punishment for having private thoughts

[AnaheimLakers24]

league will eventually fold. thank that homo bran

[russwest0]

can't trust anyone. one minute you're having a convo with your side bitch about something totally non race related and the next minute shes talking about black people and pressing you so hard with some off the wall, unrelated shit until you scream "**** THOSE ******!!!!!" and then get banned from the L because it was all just a set up.

[niko]

They aren't contracting the Clippers. They are forcing a bad owner to sell the team (and collect a billion dollars, poor guy) because he no longer is a viable business partner. That's it.

[Joyner82reload]

They aren't contracting the Clippers. They are forcing a bad owner to sell the team (and collect a billion dollars, poor guy) because he no longer is a viable business partner. That's it.

And if he refuses to sell?

[oarabbus]

can't trust anyone. one minute you're having a convo with your side bitch about something totally non race related and the next minute shes talking about black people and pressing you so hard with some off the wall, unrelated shit until you scream "**** THOSE ******!!!!!" and then get banned from the L because it was all just a set up.


Well there's the problem right there. Probably shouldn't say anything to her besides "get on your knees" and "time to clean up" :confusedshrug:

[Sarcastic]

When says their ownership should be safe? There is no such thing as an investment that is 100% safe. If as a business owner you make comments that can hurt the bottom line for whatever reason, you should pay that penalty.

[Droid101]

And if he refuses to sell?
The NBA could revoke the franchise. Meaning he owns a pro basketball team that doesn't participate in the NBA. Pretty worthless.

You guys are a bunch of pants wetting wussies in here white knighting for a billionaire. He's not going to sleep with you.

[Joyner82reload]

When says their ownership should be safe? There is no such thing as an investment that is 100% safe. If as a business owner you make comments that can hurt the bottom line for whatever reason, you should pay that penalty.

There is a difference between him losing millions in endorsements/business deals/fans not buying merchandise and attending games/etc and literally having his ENTIRE business being quite literally reduced to ashes.

[Droid101]

There is a difference between him losing millions in endorsements/business deals/fans not buying merchandise and attending games/etc and literally having his ENTIRE business being quite literally reduced to ashes.
Purchase price: 12.5 million
Likely sale prcie: 800 plus million

:cry: Cry me a river for the billionaire about to get richer. :roll:

[Sarcastic]

There is a difference between him losing millions in endorsements/business deals/fans not buying merchandise and attending games/etc and literally having his ENTIRE business being quite literally reduced to ashes.

Which is why he should sell now while the team still holds value.

[UK2K]

This country is all about free speech...unless your free speech is privately recorded without your knowledge and then released to the public and it upsets people, then it's not so free.

[Droid101]

This country is all about free speech...unless your free speech is privately recorded without your knowledge and then released to the public and it upsets people, then it's not so free.
THIS STUPID CANARD AGAIN!?

http://imgs.xkcd.com/comics/free_speech.png

See yourself out, UK2K.

[UK2K]

THIS STUPID CANARD AGAIN!?

http://imgs.xkcd.com/comics/free_speech.png

See yourself out, UK2K.

Why? Because you posted a cartoon?

Is the Magic owner next because he donates to anti-gay groups? Jason Collins fans going to force him to sell his franchise too?

[Droid101]

Why? Because you posted a cartoon?

Is the Magic owner next because he donates to anti-gay groups? Jason Collins fans going to force him to sell his franchise too?
If the Collective of NBA owners (at least 3/4 of them) think that this will negatively impact the bottom line, sponsorships, and fandom of the sport, then YES, it's well within their rights to do this.

He signed a contract to adhere to the NBA bylaws... which include the above provision.



.....and also has absolutely nothing to do with "Freedom of Speech."

[eliteballer]

They aren't contracting the Clippers. They are forcing a bad owner to sell the team (and collect a billion dollars, poor guy) because he no longer is a viable business partner. That's it.

The rest of you dolts should read this over and over again.

[Sarcastic]

This country is all about free speech...unless your free speech is privately recorded without your knowledge and then released to the public and it upsets people, then it's not so free.

He spoke freely. He's not going to jail for what he said. Hi First Amendment rights are perfectly safe.

The company he is associated with also has the right to react to his free speech. They did.

[outbreak]

Purchase price: 12.5 million
Likely sale prcie: 800 plus million

:cry: Cry me a river for the billionaire about to get richer. :roll:

exactly, if they do force a sale like this he will be making a massive profit. Likely getting some incentives and payments just for agreeing to sell as well. It's the same as if a business partner is forcibly bought out they usually end up with more pay than if it's a voluntary buy out.

[UK2K]

If the Collective of NBA owners (at least 3/4 of them) think that this will negatively impact the bottom line, sponsorships, and fandom of the sport, then YES, it's well within their rights to do this.

He signed a contract to adhere to the NBA bylaws... which include the above provision.



.....and also has absolutely nothing to do with "Freedom of Speech."
They all think it'll negatively impact them. That's why in a public vote they'll all agree to it.

Minority rule. The sad part is, it does have to do with free speech. He's being forced to sell his team because people don't agree with his opinion.

Seems like free speech. I never said the government was going to arrest him, you used a fake argument to post a cartoon to try to prove a point, when all you really did was miss the argument.

[TheCalmInsanity]

The ESPN article is basically saying the owners of the league can "threaten" Sterling by voting to terminate the Clippers franchise as a whole. As bad as that sounds for fans like me, think about it this way. If Sterling was going to sell the Clippers for $1 bil to David Geffen, and he decides "the hell with it, terminate the Clippers, I'm banned anyways", that's $1 bil he's leaving on the table. What they're planning on doing is making him go "ok fine, if I sell the team, will you guys cancel the termination?". So they're basically going to threaten to terminate the team unless he sells it, then cancel the termination. That's what I got out of it

[jzek]

Just move them to Seattle.

[PejaNowitzki]

The NBA could revoke the franchise. Meaning he owns a pro basketball team that doesn't participate in the NBA. Pretty worthless.

You guys are a bunch of pants wetting wussies in here white knighting for a billionaire. He's not going to sleep with you.


:cry: :cry: :cry:

[Real Men Wear Green]

The fact that there are people that feel the need to defend Sterling proves that there is always someone that will argue for the other side, no matter how stupid or undeserving the cause.

[Droid101]

They all think it'll negatively impact them. That's why in a public vote they'll all agree to it.

Minority rule. The sad part is, it does have to do with free speech. He's being forced to sell his team because people don't agree with his opinion.

Seems like free speech. I never said the government was going to arrest him, you used a fake argument to post a cartoon to try to prove a point, when all you really did was miss the argument.
"Free Speech" is in the Constitution.

All that Free Speech in the Constitution has to do with is what the government can do to you for your speech (in this case, nothing).

Free Speech, the thing in the Constitution, has nothing to do with how your peers (other Americans) react to your speech. So, it is not related.

[PejaNowitzki]

The ESPN article is basically saying the owners of the league can "threaten" Sterling by voting to terminate the Clippers franchise as a whole. As bad as that sounds for fans like me, think about it this way. If Sterling was going to sell the Clippers for $1 bil to David Geffen, and he decides "the hell with it, terminate the Clippers, I'm banned anyways", that's $1 bil he's leaving on the table. What they're planning on doing is making him go "ok fine, if I sell the team, will you guys cancel the termination?". So they're basically going to threaten to terminate the team unless he sells it, then cancel the termination. That's what I got out of it



What if he happens to call their bluff?

[PejaNowitzki]

The fact that there are people that feel the need to defend Sterling proves that there is always someone that will argue for the other side, no matter how stupid or undeserving the cause.


I think basically if you don't want your words coming back to bite you.....go work a minimum wage job. When you represent an entire organization, your words carry a lot of meaning, whether you like it or not. I have no sympathy for Sterling, he should have been out a long time ago. Don't see any reason to praise the NBA or the other owners either, its not like Sterling's issues were completely unknown up until now. When he was just a bumbling, douchy owner who routinely fielded teams that weren't competitive, the other owners were more than happy to look the other way. They deserve no props for this.

[outbreak]

I think basically if you don't want your words coming back to bite you.....go work a minimum wage job. When you represent an entire organization, your words carry a lot of meaning, whether you like it or not. I have no sympathy for Sterling, he should have been out a long time ago. Don't see any reason to praise the NBA or the other owners either, its not like Sterling's issues were completely unknown up until now. When he was just a bumbling, douchy owner who routinely fielded teams that weren't competitive, the other owners were more than happy to look the other way. They deserve no props for this.

same stance I have. **** sterling he's a scumbag, but everyone acting like the NBA is some caring organization is being stupid.

[Droid101]

but everyone acting like the NBA is some caring organization is being stupid.
Is someone doing that?

All I see is 29 guys who want to keep their paychecks fat with sponsorships.

[Real Men Wear Green]

I think basically if you don't want your words coming back to bite you.....go work a minimum wage job. When you represent an entire organization, your words carry a lot of meaning, whether you like it or not. I have no sympathy for Sterling, he should have been out a long time ago. Don't see any reason to praise the NBA or the other owners either, its not like Sterling's issues were completely unknown up until now. When he was just a bumbling, douchy owner who routinely fielded teams that weren't competitive, the other owners were more than happy to look the other way. They deserve no props for this.
If people like us knew about Sterling's issues there's no way the other owners didn't, they certainly aren't heroes.

[Simple Jack]

He'll have an antitrust claim if they force him to sell for less than market value.

Can anyone quote the provision talking about selling the franchise? Is it specific to certain situations or at any time they could just decide to boot out an owner?

[97 bulls]

They all think it'll negatively impact them. That's why in a public vote they'll all agree it.

Minority rule. The sad part is, it does have to do with free speech. He's being forced to sell his team because people don't agree with his opinion.

Seems like free speech. I never said the government was going to arrest him, you used a fake argument to post a cartoon to try to prove a point, when all you really did was miss the argument.
It's not a fake argument. All this is about is the fact that Sterling insulted roughly 85% of the NBAs customers. As well as the product (players).

As much as you hate to admit, the NBA is a multi billion dollar industry because of its black customers. If the customers stop buying then the NBA will be hemorrhaging money and quick. Hell the black players threatened to boycott if they didn't ban him.

It's no different than if you own a business and have your manager insulting your customers. You're gonna fire him and quick. Or you wont have a business.

[DMV2]

If people like us knew about Sterling's issues there's no way the other owners didn't, they certainly aren't heroes.
They definitely knew about it. Silver couldn't even answer Lisa Guerrero's question, he had to dodge the bullet and only said the decision was based on the current issue.

That's why this is strictly a business and PR decision. They're spinning the moral/anti-racism stuff to save face.

[TheCalmInsanity]

What if he happens to call their bluff?

He loses $1 billion dollars.

It's not really a bluff. Sterling's choices are these:

1. Ask to sell the team when termination is on the table (what the NBA wants) and get $1 bil. Profit = $1 billion dollars

2. Say yes to the termination of the Clippers, lose his last ditch sale. Clippers get terminated, Sterling gets no money. Profit = 0 (with a loss of a potential $1 billion dollars)

[97 bulls]

He'll have an antitrust claim if they force him to sell for less than market value.

Can anyone quote the provision talking about selling the franchise? Is it specific to certain situations or at any time they could just decide to boot out an owner?
I would think that he would want to sell the team quickly. He is no longer capable of having any type of dealings with the Clippers. So it seems that now, if you bring someone else in and they're gonna be free to spend his money how they see fit. They can go as far over the luxury tax as they want and he's gonna pay for it.

[Joyner82reload]

It's not a fake argument. All this is about is the fact that Sterling insulted roughly 85% of the NBAs customers. As well as the product (players).

As much as you hate to admit, the NBA is a multi billion dollar industry because of its black customers. If the customers stop buying then the NBA will be hemorrhaging money and quick. Hell the black players threatened to boycott if they didn't ban him.

It's no different than if you own a business and have your manager insulting your customers. You're gonna fire him and quick. Or you wont have a business.

85% of its NBA customers? LOL

Caucasians probably account for 80-85% of the NBA's revenue, virtually all of it outside of a percentage of merchandise sells

Who the hell do you think attends the majority of the games? Or purchase the products that endorse the league/it generates ad revenue from

If you think apparel accounts for a majority of the leagues revenue, you're out of your mind

[97 bulls]

They definitely knew about it. Silver couldn't even answer Lisa Guerrero's question, he had to dodge the bullet and only said the decision was based on the current issue.

That's why this is strictly a business and PR decision. They're spinning the moral/anti-racism stuff to save face.
Its a money issue.

[TheCalmInsanity]

He'll have an antitrust claim if they force him to sell for less than market value.

Can anyone quote the provision talking about selling the franchise? Is it specific to certain situations or at any time they could just decide to boot out an owner?

Yeah, and if I'm David Geffen or whoever is going to buy the Clippers, offer him market value. Don't take a chance of lowballing him, because A) he can claim antitrust laws and B) he might not sell the team to you and resort to just saying yes to the termination.

At this point, if you're a billionaire investor like Geffen who has wanted to buy the Clippers for a while, take your loss. Even if the Clippers are worth less than market value with all this stuff going on (whether they are or not), take the loss and offer him market value.

[dude77]

It's not a fake argument. All this is about is the fact that Sterling insulted roughly 85% of the NBAs customers. As well as the product (players).

As much as you hate to admit, the NBA is a multi billion dollar industry because of its black customers. If the customers stop buying then the NBA will be hemorrhaging money and quick. Hell the black players threatened to boycott if they didn't ban him.

It's no different than if you own a business and have your manager insulting your customers. You're gonna fire him and quick. Or you wont have a business.

85 percent of nba customers are black ? lol

[UK2K]

85% of its NBA customers? LOL

Caucasians probably account for 80-85% of the NBA's revenue, virtually all of it outside of a percentage of merchandise sells

Who the hell do you think attends the majority of the games? Or purchase the products that endorse the league/it generates ad revenue from

If you think apparel accounts for a majority of the leagues revenue, you're out of your mind
More people in China watched NBA games than Americans.

Hes just trying to pull stats out of his ass to prove a point.

I guess Kia is directing its advertising at blacks lol thats why theres so many of them driving them around.

[Joyner82reload]

More people in China watched NBA games than in America.

Hes just trying to pull stats out of his ass to prove a point.

I'm talking about american customers, do you think the chinese, or anyone outside of america for the most part, give a flying fvck if an owner is racist against black people?

[Derka]

What if he happens to call their bluff?

29 GMs spring collective boners as a lot of great free agents suddenly hit the market.

[Sarcastic]

He'll have an antitrust claim if they force him to sell for less than market value.

Can anyone quote the provision talking about selling the franchise? Is it specific to certain situations or at any time they could just decide to boot out an owner?

I'd be shocked if the NBA didn't have anti trust provisions in the franchise ownership agreement contract, just like they do with the collective bargaining agreement.

[Sarcastic]

More people in China watched NBA games than Americans.



Proof?

[TheCalmInsanity]

29 GMs spring collective boners as a lot of great free agents suddenly hit the market.

I just talked to my buddy, he said that it's termination of ownership not termination of the actual team. He said it's a billion dollar asset, the NBA wouldn't get rid of it.

I asked him if Sterling can get out of this, he said no. He said Sterling can sue but if he wins against the NBA he'll get money but still lose the team. So either way he's out.

[DMV2]

I'd be shocked if the NBA didn't have anti trust provisions in the franchise ownership agreement contract, just like they do with the collective bargaining agreement.http://espn.go.com/espn/otl/story/_/id/10852199/challenge-donald-sterling

Q: Is it possible for Silver and the NBA to terminate Sterling's franchise ownership?

A: Yes. Under the terms of Paragraph 13 of the constitution, the owners can terminate another owner's franchise with a vote of three-fourths of the NBA Board of Governors, which is composed of all 30 owners. The power to terminate is limited to things like gambling and fraud in the application for ownership, but it also includes a provision for termination when an owner "fails to fulfill" a "contractual obligation" in "such a way as to affect the [NBA] or its members adversely." Silver and the owners could assert that Sterling's statements violated the constitution's requirements to conduct business on a "reasonable" and "ethical" level.

Any owner or Silver can initiate the termination procedure with a written charge describing the violation. Sterling would have five days to respond to the charge with a written answer. The commissioner would then schedule a special meeting of the NBA Board of Governors within 10 days. Both sides would have a chance to present their evidence, and then the board would vote. If three-fourths of the board members vote to terminate, then Sterling would face termination of his ownership. It would require a vote of two-thirds of the board to reduce the termination to a fine. Terminating a franchise would obviously be a drastic remedy, but the potential of the termination procedure gives Silver and the other owners vast leverage in any discussion with Sterling about an involuntary sale of his team.

Q: Sterling is notoriously litigious. Can he go to court to stop Silver from punishing him?

A: Not effectively. When Silver issues his punishment to Sterling, the decision is final. The constitution provides in Paragraph 24(m) that a commissioner's decision shall be "final, binding, and conclusive" and shall be as final as an award of arbitration. It is almost impossible to find a judge in the United States judicial system who would set aside an award of arbitration. Sterling can file a lawsuit, but he would face a humiliating defeat early in the process. There is no antitrust theory or principle that would help him against Silver and the NBA. He could claim an antitrust violation, for example, if he were trying to move his team to a different market. But under the terms of the NBA constitution, he has no chance to succeed in litigation over punishment.

Silver did his homework.

[gts]

They aren't contracting the Clippers. They are forcing a bad owner to sell the team (and collect a billion dollars, poor guy) because he no longer is a viable business partner. That's it.


this...

[gts]

Silver did his homework.

Oh you know they did... This wasn't a knee jerk reaction... they've run this by/through attorneys and judges on every level the last two days... they know exactly what they are doing.. this isn't amateur hour