I am still in shock over the racist rant of Clippers owner Donald Sterling this weekend. However, what is equally astonishing is that he was set to receive the lifetime achievement award from the NAACP at its upcoming 100th anniversary gala in Los Angeles. I am dumbfounded how someone who allegedly holds such hateful views would even maintain a basketball team in Los Angeles, but the thought that he might have received an award from the NAACP is truly otherworldly. The legal options for the NBA will now take center stage in the controversy. In the meantime, there is no conclusive proof that it was Sterling on the tapes, which is now the focus of the investigation.
Over the weekend, various sites published messages from Sterling to his girlfriend (who is part African American and Mexican) that were reportedly triggered by her posting an innocent picture with Magic Johnson. Well, who would not post a picture with Magic Johnson. Clearly Donald Sterling would not. He has been quoted on various sites as telling his girlfriend V. Stiviano that “It bothers me a lot that you want to broadcast that you’re associating with black people. Do you have to?” (3:30) Then two hours later, he is quoted as saying “You can sleep with [black people]. You can bring them in, you can do whatever you want. The little I ask you is not to promote it on that … and not to bring them to my games.” (5:15) Then two hours later (yes, there seems to be a pattern in eruptions) there is another missive: “I’m just saying, in your lousy f******* Instagrams, you don’t have to have yourself with, walking with black people.” (7:45). Then two hours later, that is “…Don’t put him [Magic] on an Instagram for the world to have to see so they have to call me. And don’t bring him to my games.” (9:13)
Don’t bring black people to my games? He runs a team in Los Angeles where ten percent of the population is black.
The NAACP was going to give Sterling an award despite a prior lawsuit by former Clippers exec Elgin Baylor for racial discrimination (Sterling won the case but many are now reexamining the allegations for obvious reasons) What is fascinating is that this was going to be the second lifetime achievement award (I always assumed you got one per life but that is just me). The last NAACP award was given while he was being such for racial discrimination.
Sterling was born Donald Tokowitz and later changed his name to Sterling. He was born in 1934 in Chicago and graduated from California State University, Los Angeles (1956) and Southwestern University School of Law (1960) in Los Angeles. He worked as a divorce and personal injury attorney.
The team has not confirmed or denied that it is Sterling’s voice but said that it is investigating to see if anything was altered or faked. It issued a statement that the comments do not reflect Sterling’s true feelings about black fans or black people in general.
There is a call for Sterling to sell the team, though he may be less inclined to do so in a distressed position where buyers will want a discounted price.
The interesting legal question is whether the NBA can effectively move against an owner for his private racist views. If you recall, the National Baseball Association faced such a controversy with Margaret Unnewehr Schott when she was the president and CEO of Major League Baseball’s Cincinnati Reds. Yet, only one owner has been suspended in 68 years under the NBA, though others have been fined. The rules are exceptionally vague and confidential. Commissioner Adam Silver is allowed to act to protect the “best interests” of the game. This includes the right to investigate and fine. However, trying to force the sale of a team for privately held views could raise serious legal issues. There is reportedly a power to force the sale of a team but I would be skeptical of the ability to do so without some serious legal challenges. They could clearly suspend Sterling which may be the best option if the tapes are authenticate. That would allow Sterling to keep that team and not be forced into a distress sale (and likely litigation with the NBA).
I am also curious as to how this tape was made. I believe that California is a two party consent state. The question is whether the taping violated the law. This is likely to get even messier as we drill down on these facts.
Source: USA Today
mespo and others questioning the legality of the tape, it’s been reported that the girlfriend “told friends the Clippers owner WANTED her to record him and he knew he was being recorded … partly because he frequently forgot what he said and the tapes refreshed his memory,”
http://www.tmz.com/2014/04/28/donald-sterling-v-stiviano-settlement-conversation-book-deal-life-clippers-audio-recordings/
Way too early and too little known to have a firm opinion one way or another about the legality of the taping.
mespo, No, I meant they are both Jewish. The NBA was the most progressive of the 3 major sport’s leagues. The gentleman’s agreement in MLB and NFL had no minorities or Jews allowed as owners. The NBA was righteous. My experience w/ ethnic similarities is it can be a liability or an asset. Often times we are hardest on our own, I know I can be. But, w/ the history of basketball, I saw Stern as a protector that went beyond the money thing. This guy is well known by players. Elgin Baylor was his GM and had a huge dustup w/ this guy over race. I’m talking the great Elgin Baylor. Well, Baylor was gone and this guy remained. There is a litany of shit over the years about this guy. He COST the league for years w/ a horrible team, empty arenas, and bigoted and racist comments and actions, as leej covered in her comment. But he always survived. No, that smells like more than money protecting money to me. Just my take, I could be wrong.
Getting Clipped by a secret wiretap recorded by a scorned woman? Blackmail?
I remember when Alec Baldwin was recorded saying “queen” and the gays went nuts.
What’s in your wallet, I mean closet?
Is this racist?
http://nypost.com/2014/04/27/knicks-great-larry-johnson-calls-for-all-black-league/
I do take mespo’s point about motivation and authenticity. But, this is consistent w/ this guy’s background. Although this recording is shocking to many people, to those who know or have followed this guy over the years it is not. Sterling is not divorced. His wife seems as classy as he is not. Maybe she can help this team, involved in the playoffs, overcome this huge distraction.
nick:
The “millionaire tribe” I suppose you mean, nick? I find ethnic similarity to have very little to do with who gets a break or not. Financial similarity … now there’s a common interest.
AP:
We know very little about the tape including the identities of the voices. Wait-and-see seems prudent.
leej, Great comment. Spending time in SoCal I knew of this guy’s background, but the vast majority of people did not. Sterling’s protector and enabler, David Stern is now retired as commish of the NBA. I have long thought that Stern had looked the other way w/ this guy because they are of the same tribe. That’s not PC, I know. But, this guy should have been gone long ago and now that his enabler is retired, I bet is run out of the league.
Are we sure that the recording was made in California?
The wind in the Clippers sails is gone now.
Guest:
As you say,California is a two-party consent law requiring consent of all parties to the conversation.
http://www.dmlp.org/legal-guide/california-recording-law
This is not a new issue with this guy. He settled 2 cases of discrimination over housing discrimination: ”
In 2009, Sterling agreed to a $2.765-million settlement in a case that alleged discrimination against African Americans, Latinos and others at apartment buildings he owned in Los Angeles County.
Sterling denied the charges by the Justice Department and in two separate lawsuits by former tenants. All three cases were covered by the settlement. The former tenants alleged property managers used racial slurs against them and didn’t follow through on the terms of their lease agreements. Sterling, though, didn’t admit any liability in the settlement.
Another federal lawsuit filed in 2003 by the Housing Rights Center and 19 tenants accused Sterling of once stating his preference not to rent to Latinos because “Hispanics smoke, drink and just hang around the building.” The lawsuit also accused him of saying “black tenants smell and attract vermin.”
The allegations included Sterling’s properties not renting to non-Koreans in Koreatown or African Americans in Beverly Hills.
According to the lawsuit, Sterling believed Korean-American tenants “will live in whatever conditions he gives them and still pay the rent without complaint.”
In addition to that case’s confidential settlement, Sterling paid almost $5 million in attorney’s fees to the plaintiffs. In a November 2005 document ordering the payment, U.S. District Judge Dale S. Fischer excoriated the legal tactics of Sterling’s defense team. The judge described them as “scorched earth” and “often unacceptable, and sometimes outrageous.”
http://www.latimes.com/sports/sportsnow/la-sp-sn-donald-sterling-past-controversy-20140426,0,1205990.story#ixzz30BuzUAKl
(Ad if it wasn’t his voice and his words, I am surprised that we have not heard him come out loud and strong denouncing it and saying it wasn;t him. By same token his alleged racism was long known so it seems somewhat disingenuous to now say ‘oh how appalling’.
@Mespo-I agree. Completely. There is no question that Sterling is scum, but like you, I’m concerned with how everyone is willing to excuse the blatant violation of California law because it further exposed Sterling as a racist. I don’t remember where I saw it (all the cable channels were covering it this weekend), but I actually saw some nitwit claiming that this woman did us all a “service” and she should be commended. Please. Two totally separate issues. Is Sterling a racist? Of course. But let’s not pretend this woman released the tape for any other reason than to garner sympathy (she’s currently being sued for embezzlement). And she clearly had no problem with his views while he was showering her with gifts and money.
Sterling is no saint but I’m surprised by the utter lack of focus on how the tapes of a private conversation were made public. If the voice is Sterling’s, and right now that’s a big if, how could such an interception of a legal but offensive conversation not involve privacy rights violations? If as some have said, it’s the work of a jilted lover, that might bear on the authenticity of the tape. Finally, do we all want to promote the introduction of private conversation into the public debate. I see lots of skeletons emerging from lots of closets.
“I am still in shock over the racist rant of Clippers owner Donald Sterling this weekend. However, what is equally astonishing is that he was set to receive the lifetime achievement award from the NAACP at its upcoming 100th anniversary gala in Los Angeles. I am dumbfounded how someone who allegedly holds such hateful views would even maintain a basketball team in Los Angeles, but the thought that he might have received an award from the NAACP is truly otherworldly. The legal options for the NBA will now take center stage in the controversy.” – JT
It is like the military NSA spying on all Americans for a decade and it not being known by more that a single digit percentage of Americans.
Or the supreme five upholding racism for a century and a half.
Or Jesse Jackson and the NAACP suffering Stockholm Syndrome along with the rest of us.
Another “I am shocked, shocked I tell you” moment.
Well, what need one say?
Professor-California is actually in the minority and is a two-party consent state.
This site has a fairly decent overview of one vs. two party consent states:
http://www.vegress.com/index.php/can-i-record-calls-in-my-state
Thanks Guest and Mark, I changed it.
They were going to give him a second lifetime achievement award because apparently he was living two separate lives.
i suspect that he’s not all that different than a lot of sports franchise owners in his views
Based on other articles I’ve read about this (from mainstream publications), this guy’s racism was no secret before he was publicly outed. Apparently, the NAACP didn’t vet him any better than they vetted the video of Shirley Sherrod before they threw her under the bus.
Simms – I think the NAACPs reaction to the Sherrod video was the disturbing audience support Sherrod got when she admitted she had discriminated against the white farmer. That is what they apologized for, and rightly so.
If I am reading the messages right, it is alright for the gf to screw Magic Johnson but not bring him to the games. This is an odd relationship. I give it two weeks tops. 🙂
Reblogged this on U.S. Constitutional Free Press.