donald sterling, having had everything taken away from him, therefore nothing to lose, will do what he continually has done for decades: seek redress in a court of law.
The NBA will contend sterling has no case because his agreement with the league states that its decision is binding.
sterling will counter that the entire basis for the NBA\’s decision is an illegally-made tape (California has a two-party consent law) and, in any event, he is entitled to his free speech even if the NBA doesn\’t like what he says.
sterling will also point out that the NBA has a history of not invoking this kind of ruling.
What you just read was an excerpt from my blog of April 30th, concerning what I expect will happen as the NBA continues its attempt to remove donald sterling as owner of the Los Angeles Clippers.
This morning, we have this excerpt from Brent Schrotenboer\’s article at USA Today:
LosAngeles Clippers owner Donald Sterling says the NBA is unfairlysingling him out and slamming him with “draconian”punishment, all prompted by the leak of a private conversation heclaims was illegally recorded.
Ina scathing 32-page response sent to the league Tuesday and obtainedby USA TODAY Sports, Donald Sterling instead says he will fight theleague\’s move to force him to sell his team, and he noted he hasreceived offers of more than $2.5 billion for the franchise. Sterlingalso says the league\’s proposed punishment would cause his family totake an “egregious” tax hit on the sale of the club.
Sterlingsays he did not consent to being recorded by Stiviano, making therecording illegal in California. He also says he helped the leagueachieve its diversity goals, and that the penalties for his offensivespeech are far beyond what any other player, coach or owner hassuffered. He cited several examples, including NBA star Kobe Bryantbeing fined “only a modest $100,000” in 2011 after using agay slur against a referee.
How well does this jibe with my expectation? Like maybe 100%?
I would love to take credit for being brilliant, prophetic etc. etc. yada yada yada. But the truth, of course, is that I am not. It is more that the NBA people are acting like obtuseness is the latest fashion statement.
How could they not have seen this coming?
How could they not have understood that a) donald sterling, who lives to litigate, would b) put up a legal battle which c) was sure to invoke California\’s two-party consent law by saying he did not agree to be taped, and d) make it clear that if this goes to trial all of the NBA\’s dirty linen would be paraded before the courtroom – and therefore the world, since this case has become so celebrated that there will be massive coverage by the national and international press?
Now, look at the fix the NBA is in:
If it goes forward with trying to force sterling out:
-Count on a protracted, maybe years-long legal battle (remember that sterling is a billionaire with plenty of money to keep on fighting), which will leave the team in limbo and, no doubt, put into question the quality of play the Clippers display in every game. (“They blew an 8 point lead in the final two minutes? Did they really, or did they \’show\’ sterling?”)
-Count on sterling to insist he never consented to being taped. And, if a judge tosses the tape out, count on Sterling to then demand that the NBA drop its action against him, because there is no legal basis for any punishment at all – maybe even countersue.
-And count on sterling to bring up not just kobe bryant\’s gay slur (for which he was not banned or suspended, but fined $100,000 – roughly the equivalent of what he makes for playing one-third of one regular season game: divide $24 million* by 82 games and see for yourself), but every offensive comment from every player, coach, owner, etc. he can find – which the NBA has an unending supply of.
And if the NBA drops this like a hot potato? Get ready to hear the howls of indignation and racism from all of the usual sources, but also from the players, writers and fans.
This is not going to turn out well. Certainly not for donald sterling….and certainly not for the NBA, or its players, or the networks broadcasting its games, or the sponsors who pay the freight for it all.
In retrospect, a fine for sterling – which, it is a good bet, he would have paid and shut up about – doesn\’t seem like it would have been such a bad idea, does it?
================================================
*Correction: I just read that Kobe Bryant is paid $30 million a year. So that $100,000 fine isn\’t even a third of a game\’s worth, it is less.
