04-29-2014, 07:11 PM
Blankity Blank wrote:
[quote=C(-)ris]
[quote=rjmacs]
A good business decision and the right thing to do.
I wonder if we'll hear outcries about his "free speech" being impinged over this, as we did with Brandon Eich.
He was free to say whatever he wanted, and he did. The NBA is also free to do as they want. However, I'm not so sure the NBA was justified in their actions. This was a private conversation and was he was not commenting as an owner or to anyone related to the NBA. I don't know what the legalities on recording conversations are in that state, but it was between him and a member of his family. Doesn't make him any less of a bigot, but I wonder if the NBA can legally impose those penalties or if he is going to make a fortune in lawsuits against them. I'd find it hard to believe that they can force him to sell the team if he has broken no laws.
The conversation was in California, I believe, and my understanding is that consent of only one of the parties is required for recording in that state. And given that the league is only responding to what have become public utterances, regardless of Sterling's original intent or how they became public, and with them being genuine statements by Sterling -- which from Silver's statement today, it seems Sterling has copped to -- I'd guess they're okay there too. Particularly since part of those statements were to the effect that he did not want a specfic segment of the NBA audience attending league games in his venue. A statement and sentiment which would of course be directly damaging to the league in any number of ways; not the least of which is a lot of high profile, big ticket advertisers already pulling out of their dealings with the Clippers.
As far as sale of the team goes, they seem to be operating based on formal agreements already in place as part of being an owner of an NBA franchise, so my guess is they're on solid ground there.
Actually, California is an "all-party consent" state, so if Stiviano can't convince investigators that she had Sterling's consent to record, she could be in hot water, criminally and civilly.
As for whether it's 'legal' to ban him and force him to sell the team, that's chiefly a matter to be resolved by lawyers arguing over the league's bylaws and contractual obligations. The NBA is a franchise organization, and franchisees are subject to rules that protect the reputation and value of the league, not just the owners.