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
Sterling is a registered republican since 1998.
John McCain is a registered Republican but that does not make him one. Sterling’s only political donations have been to Democrats.
He retired just in time! 🙂
He’s retired now. Neither party was particularly honorable. I think the judge felt they were pretty much in pari delicto, but there was nothing he could do about it.
Mike,
That sounds like a judge to stay away from.
I should add that the judge was not as impressed with the verdict as I was. He called both lawyers into his chambers after the trial and told me that my client was fortunate that we had elected to have a jury rather than a bench trial. He was not much moved by the notion that an invasion of privacy is actionable.
Wow, what is truly remarkable is that he wanted to desperately to tell you that he would have nailed your client. Bizarre.
Jonathan:
I didn’t have an assistant or a sidekick, but I couldn’t get the theme song out of my head when I walked out of the courthouse that day. 🙂
nick:
have you seen Teji Malik? I am awaiting a response from him.
MikeA, Great anecdote. Any assistance from Paul Drake? My grandmother loved Perry Mason. She read every book and every show. She read the books in Italian to a blind friend.
Karen S.:
Florida is also a state that requires the consent of both parties before a conversation can be recorded. I actually tried a civil suit for damages under the Florida statute some years ago. My client and his partner had disagreements over the operation of their business. The partner had his wife place a recording device in my client’s office. Under examination at trial, the wife not only admitted planting the device, but broke down in tears and acknowledged that her husband told her he would lock her out of their home if she refused to plant the bug.
I concluded my examination with that admission and the judge recessed the case for the day. It remains the closest I’ve ever come to experiencing a Perry Mason moment. And it was good for some punitive damages.
I can just see you Mike with your assistant Della Street and your sidekick Paul Drake. It all fits.
Another example of punishment not fitting the non-crime. Agree or not, Sterling did nothing wrong.
What’s next? Are we going after those who tell lawyer jokes… #fish #barrel #ambulance
Thanks, Nick!
Red Auerbach named Bill Russell as the first black coach in US pro sports.
KarenS, The NBA is a progressive league w/ many Jews involved in ownership, management, coaching from the early days. Red Auerbach is a name most everyone would recognize, and he goes back to the 60’s. Of the major sports, the NBA had the first black coach, Bill Russell, the first GM, Wayne Embry, and first owner, MJ.
No kidding!
Hi Karen S
Wonderful point about the distribution of community property!
Subject for a blog? Sure.
But somebody is going to make a fortune by writing the book!
Donald Sterling might be a shrewd businessman, but he will no doubt be done in (figuratively speaking) by the women he’s wronged. A cop friend once told me that anyone on the run from the law had better be nice to his wife or girlfriend, because if not, she will make sure he gets caught.
Mrs Sterling might have plenty of money, but it sounds like she must have a very sad, trying relationship with her husband.
Here is another link with excerpts from Stiviano’s defense:
http://www.latimes.com/business/hiltzik/la-fi-mh-the-sterling-dirty-laundry-20140427,0,2911198.column#axzz30OPkcmDX
It remarked “Mrs. Sterling pleads her absolute knowledge of a long standing history of similar acts of Mr. Sterling who is infamous for his gold plated dalliances….”
If the case hinges on the premise that it is illegal to distribute community property (money) to another party without the spouse’s consent, then a LOT of people are going to end up in court – and stores and car dealerships will be returning lots of cash.
Hi Feynman:
No, I realize you don’t think Nick was anti-Semitic. 🙂
Eeek – the spam ate my comment. Great. So my writing sounds like spam.