NBA bans Sterling for life

[watcher1]

Really?  Just because Magic Johnson and others think he should?  Would they react like that if the Clippers were in first place?  I am not defending him for what he allegedly said but did he use the N word?  From what I heard he didn't. Fine him as the league commissioner did but ban him?  Again, PC gone crazy.

[dodger]

Now what I heard on sports talk, once and only once, was the chairman of the LA NAACP saying, if Sterling said it, it was unforgivable, however, Sterling has given millions to minority charities.  Judge the actions of the man, not his stupid talk.

[Athos_131]

Really?  Just because Magic Johnson and others think he should?  Would they react like that if the Clippers were in first place?  I am not defending him for what he allegedly said but did he use the N word?  From what I heard he didn't. Fine him as the league commissioner did but ban him?  Again, PC gone crazy.

He wasn't banned because Magic Johnson and others think he should be.

The Clippers are a NBA title contender this year.

Every other owner supported Adam Silver's decision.

Donald Sterling has a very long history of racist remarks.

Please do your research.

[Athos_131]

In the end, it's all about money.  Sponsors were jumping ship; boycotts were being organized.  The NBA could not afford this bad PR, just as the playoff season begins.

While I found the comments deplorable, I think the league acted hastily in a manner that did not give Sterling due process.  I'm sure we will be hearing more about this.

In the press conference Adam Silver stated Sterling admitted it was him on the tape.

Silver gave him due process as the bylaws state.

That "Secret" NBA Constitution Is Now Online

Article 24(l) is the big one. The "best interests of the Association" clause that essentially gives Silver the power to levy any punishment he sees fit when a violation is not specifically covered elsewhere. (It also sets the maximum amount for Sterling's fine.)

   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.

Article 35A(d) (the whole subsection deals with "misconduct of persons other than players," and is a relatively new inclusion; it didn't exist in the version of the constitution we saw, which only gave the league power over players) explains Sterling's lifetime suspension for "conduct...detrimental to the Association."

    The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $1,000,000, or inflict both such suspension and fine upon any person who, in his opinion, shall have been guilty of conduct prejudicial or detrimental to the Association.

Article 13(a) lays out the process for voting an owner out of the league:

    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.

Fox News -ha ha- via Jim Gray stated Sterling right before Silver's press conference the team wasn't for sale.

Sterling's a lawyer and is very litigious.  It's almost certain he'll fight this.

[Elizabeth]

I'm waiting before I say too much.
But I will say this..The entire thing is going to court.
The telephone recording may not have been legal, and certainly private telephone conversation are just that "private" not for the public to hear.
(I don't condone what he said..it was wrong, but releasing a private telephone conversation to the public was just as wrong). So beyond that, I'll wait to see what happens in court.
Love,
Liz

[snowm]

Think of it this way....was it really wrong for him to tell his essentially 'for hire' arm candy to not take picts with, or take black guys to a basketball game when you consider he has had issues in the past with racist actions/remarks? That seems to me to make good business sense...asking his mistress not to hang out with people that would undoubtedly get him into the news, again?

He didnt drop the n word for those that have not heard the tape...

[Athos_131]

Exclusive: The Extended Donald Sterling Tape

Your Complete Quotable Guide To Decades Of Donald Sterling's Racism

[watcher1]

In the end, it's all about money.  Sponsors were jumping ship; boycotts were being organized.  The NBA could not afford this bad PR, just as the playoff season begins.

While I found the comments deplorable, I think the league acted hastily in a manner that did not give Sterling due process.  I'm sure we will be hearing more about this, including a big chunk of change to Sterling from the other owners, to take his lumps and not rock the boat anymore than he has already.

Yep.  It is always about the money. Green is the color that matters.

[MissBarbara]

I agree with Athos.

This is not a free speech issue, nor is it an example of "PC gone crazy."

To put it succinctly, Donald Sterling has the right to say whatever the hell he wants; but, regardless of that right, the NBA has the right to sanction him in the manner it has.

To my mind, the only truly effective way to combat racism -- or any other "ism" -- is by creating an overwhelming public opinion that this type of behavior will not be tolerated in our society today. And the NBA Commissioner's actions, along with the corresponding groundswell of support for the Commissioner and condemnation of Sterling, go along way toward achieving that goal.

[Elizabeth]

I agree with Athos.

This is not a free speech issue, nor is it an example of "PC gone crazy."

To put it succinctly, Donald Sterling has the right to say whatever the hell he wants; but, regardless of that right, the NBA has the right to sanction him in the manner it has.

To my mind, the only truly effective way to combat racism -- or any other "ism" -- is by creating an overwhelming public opinion that this type of behavior will not be tolerated in our society today. And the NBA Commissioner's actions, along with the corresponding groundswell of support for the Commissioner and condemnation of Sterling, go along way toward achieving that goal.

I agree with this 100%, "but" if the conversation was indeed a private telephone conversation and recorded then completely different legal lines have been crossed.
Sterling may be a complete ass, but if what happened was indeed the above (private telephone conversation) then the NBA and others will pay dearly in court.
Just saying this could be a very sharp double edged sword.
Love,
Liz

[joan1984]

The last shoe is yet to fall in this matter, regardless of the NBA sanction and how the owners vote, this man has the money to chase this through as far as need be, considering that the "tape" requires both participants to agree to release it in California.

His selected remarks, presumed not edited, but still out of the 100 hours of supposed recordings to which he did not consent, were recorded illegally it seems, and released without regard to the law.
For that, someone should be made to pay him.

My guess is the words he spoke, are words he has spoken for a long time, his attitude and language known by many who knew him, along with many who took his money, and looked the other way.

It sounded to me like he was saying: Don't publicly insult me by bringing your lovers to my private Owners Box at games. Pertinent to him was their color, coaxed by the GF in the conversation... his Black/Latino girlfriend was dating, presumably having sex with, in addition to him a HIV positive man, who happens to be black, and flaunting this using the special seating he gave to her.

I don't care about him, or his team, just saying if private recorded conversations are fair game for being banned, taking away his rights and property using a illegally recorded and released by TMZ tape, then we need to recognize that standard, and have it apply to all who use racial remarks, including YOU, including at least any recorded words such as these for anyone, including words spoken by players, words spoken by Representatives, and Senators, and all public and private discourse.

Is that what WE want? Maybe it is, and let the 'penalty time' begin.

[msslave]

Not being a sports fan, I don't know much about this guy.  News reports say he has a history of racist remarks, but I haven't seen any quotes.  Compared to remarks that some public figures have been skewered for, this is tame.  But for an owner of a team, in a sport where black players predominate, is just plain stupidity.  Just goes to show ya....no matter how dumb you are, you can still make a pile of money in this country.

[coacheric]

And the comments were said in private!

I still hold to the fact that probably better then half of the KB members have made a racist comment in the comfort of their own home. Race is still alive and well in the world and it always will be. It's even worse when you live close to a large urban city.....Watcher, Barb, Janus! I know they live close enough to larger cities that these type of stories run the local news each and every night.

[snowm]

Every other owner looked the other way when Sterling was prosecuted by the justice department for issues with his housing rentals in relation to race. No one acts on that or raises a stink about it but when an owner's mistress leaks a recording of him talking in the privacy of his home everyone gets their feathers ruffled?

Doc Rivers chose to coach there knowing full well about the justice dept issues and the other case regarding bias hiring practices, I think it was. He has no right to now say, I will have to think about coming back next year because of this. What does anyone expect out of Sterling?

[phtlc]

The telephone recording may not have been legal, and certainly private telephone conversation are just that "private" not for the public to hear.

I'm not sure how the law works in the US, but in Canada if I am talking to you on the phone I am allowed to record our conversation without informing you. Furthermore, if you are having a conversation with a third party, I can record it so long as either yourself or the other party are aware that I am doing so. You do not both need to be aware I am listening in and recording. If however you are talking to a third party and I want to listen in and record without either of you being aware then I need a warrant to do so.

[Athos_131]

How the tape was obtained isn't really an issue.  As I linked before, Sterling agreed to the NBA Constitution as a franchise owner and can be banned for conduct detrimental to the league.

It's possible he can block being forced to sell through an anti-trust lawsuit, stating the other owners are colluding against him.

It's not a freedom of speech or illegal obtained evidence issue.

[watcher1]

Not being a sports fan, I don't know much about this guy.  News reports say he has a history of racist remarks, but I haven't seen any quotes.  Compared to remarks that some public figures have been skewered for, this is tame.  But for an owner of a team, in a sport where black players predominate, is just plain stupidity.  Just goes to show ya....no matter how dumb you are, you can still make a pile of money in this country.

Stupid, definitely.  Should he be given a life time ban?  I don't think so.  Unfortunately, race is part of the fabric of the United States.  Will racism go away?  I doubt it. Politicians have too much at stake to see a society where everyone gets along.

[Athos_131]

Should he be given a life time ban?  I don't think so.

What should Silver had done?  The Warriors were planning to boycott Game 5 last night if harsh penalties weren't enforced.  The NBPA was calling for them as well.

The league had to act harshly, and not just because of the demographic makeup of who they employ.

The fine of $2.5 million is nothing to Sterling.  Several reports compared it to $100 fine for an American making $44,000 per year.

[Athos_131]

I mean, if I said something racist and my employer heard me say it then I would accept the consequences of that, if there were any. It's just the way things are. The way in which his conversation was made public is obviously not right but, regardless, once Pandora's box is opened it can't be closed again.

Exactly.

[Bexy]

I agree with Athos.

This is not a free speech issue, nor is it an example of "PC gone crazy."

To put it succinctly, Donald Sterling has the right to say whatever the hell he wants; but, regardless of that right, the NBA has the right to sanction him in the manner it has.

To my mind, the only truly effective way to combat racism -- or any other "ism" -- is by creating an overwhelming public opinion that this type of behavior will not be tolerated in our society today. And the NBA Commissioner's actions, along with the corresponding groundswell of support for the Commissioner and condemnation of Sterling, go along way toward achieving that goal.

I guess that's indeed a way of supressing racism, but not curing it. I've thought long about this, as both my parents are very racist, but like many racists they simply keep their mouths shut about it while in public or among people they think do not share their views. I think racism is much a reflection of ones own insecurities, because why does anyone need to paint another group as 'bad'? I think it's probably just so they can label themselves as 'good' and at the same time it's very convenient to point at other people's flaws and not have to look at ones own flaws.

I guess indeed the only way is to show them that this isn't tolerated, so they keep their mouths shut and we can only pray they change...or go extinct. It's always a huge test for me when my mother comes to visit and starts ranting about 'those filthy Muslims'. It's no use trying to change her mind, god knows I've tried. The calm way, the angry way, asking 'why do you think that?' repeatedly. It's no use, so I usually just try to change the topic and if my kids heard what she said, I'll just explain to them afterwards "Don't listen to grandma, she says silly things."