We previously discussed the racist comments of Clippers owner Donald Sterling. We discussed the possible sanctions under the NBA rules, which are confidential. This afternoon NBA Commissioner Adam Silver announced that Clippers owner Donald Sterling will be suspended for life and fined $2.5 million. That blows away any prior sanction of the NBA.
Silver announced “I am banning Mr. Sterling for life from any association with the Clippers association or the NBA. Mr. Sterling may not attend any NBA games or practices, he may not be present at any Clippers facility, and he may not participate in any business or decisions involving the team.” That is pretty much a demand that he sell the team though he could use his general manager for some of those functions.
The $2.5 million fine will be donated to anti-discrimination organizations, which is a particularly nice touch.
I have little sympathy for Sterling and found his comments deeply disturbing and unsettling. However, it will be interesting to see if Sterling, who is a lawyer, will fight the fine. He is being banned and fine for private comments that he did not intend to be released publicly. While this is not the government (raising first amendment issues), it is a free speech questions. We have been discussing how government employees like teachers and police officers have been punished for statements and activities in their private lives. I have opposed that trend. In this case, Sterling did not even intend for this comments to go to anyone other than his girlfriend.
The question is where the line is drawn on private comments. No one would suggest sanctions Larry Johnson for (after the Sterling comments) reportedly called for all-black teams and league or his prior comments calling players “rebellious slaves.” He was clearly upset with the news and venting on social media. I understand that. Indeed, his call for some black owners of NBA team is understandable given this controversy and reflects a long-standing objection to the paucity of black owners in the NBA. Yet, those were intended to be public comments and might be viewed as offensive by white players or owners or fans. If the NBA rules extend to private communications, I am curious as to how it distinguishes between comments both public and private. When it comes to free speech, we tend to favor bright line rules but this is a rule that is neither published nor clear. Sterling may be the easy case due to the vile nature of these comments but Silver does not address the standard that has been and will be applied to owners and players.
The counter to this argument is that, as a NBA owner, Sterling agreed to comply with the rules, including the undisclosed rules of conduct. His comments clearly created an embarrassment for the NBA and other teams. Yet, my guess is that these rules are vaguely worded and this sanction is far beyond prior punishments. He probably could challenge it under contractual and even anti-trust theories.
In the end, he is being banned for being a racist (which he vehemently denies). However, if he did not act in a racist manner to the team or fans, should his private views be the basis for a ban. What is owners are anti-gay or anti-Semitic or anti-Muslim in private? Can they all be banned if a third party reveals their views or a private conversation surfaces?
What do you think?
Paul, If past is prologue Sterling will fight this w/ some high priced attorneys.
I think that the biggest challenge for Sterling (beside pride) would be a forced sale when buyers would expect a discount. A challenge would make for a very interesting case in my view. These rules are written so vaguely that I can discern no clear line. Of course, a court could find that whatever lines exists, this clearly falls outside of it.
Jonathan – they might be able to force a sale, but I do not think they can force a sale at a discount. He has a right to a reasonable return on his investment. If the governors have the right (which they seem to have) to refuse a buyer, so should Sterling.
I am pretty sure that a sale cannot be forced but, after being cut out of all decisions affecting the team, it lays the Clippers open to being mistreated. There is no question from reports that he will get a hefty profit given the relatively low price at which he got the team.
Jonathan – the ways the rules are set up, the commissioner can come in and strip the team, so it has no value for sale.
BFM, As I have said previously, the NBA is the most progressive sports league. They were the first to have a black coach, Bill Russell of the Celts. The first black GM, Wayne Embry of the Bucks, and first black owner, MJ. I have no doubt there is moral outrage. But, most of them are billionaires also. Money talks in a capitalist society. Jackie Robinson got his break because of a man who was morally righteous but also a fierce competitor. Getting the jump on the rest of baseball tapping the huge reservoir of talent in the Negro Leagues was about winning and MONEY. The irony being the signing of Jackie was the first nail in the coffin of the Negro League, a league w/ black owners and front office people. It also hurt the black newspapers, who sold a lot of copy to people who wanted to read about Satchel, Cool Papa Bell, Jackie, etc.
Nick – progress is not always good.
jonathanturley
That rule is interesting since this is a ban rather than a termination. It does however show that the owners agreed to such provisions as a condition of ownership.
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Sterling should probably just take the money from the sale and run …
Dredd – if you read the rules they can fine him OR make him sell. They cannot do both. I am not sure they can suspend him. That does not seem to be in the rules. And there is a bunch of due process in the rules that seems to be missing.
SteveH, I am a libertarian and appreciate your point. But, Sterling presents a much different FINANCIAL problem for the league and all of the other franchise owners. He’s hurting their brand. The irony is the owners are not doing this for racial justice, they’re doing it for money. There are probably some owners who are righteous. But, as the saying goes, “When they say it’s not about the money, it’s about the money.”
” The irony is the owners are not doing this for racial justice, they’re doing it for money.”
Sure. The owners are faced with a Paula Deen moment. There is enough outrage they could easily loose viewers and advertisers not to mention the cooperation of employees, the players. Their best hope is to clearly distinguish themselves from Sterling. That doesn’t mean that individuals do not find Sterling’s remarks offensive. But lets not get confused about what is going on.
bigfatmike – I really do not think this is over yet. Sterling has the money to fight it and I am sure his lawyers are working on something or dealing with the commissioner’s office to smooth things over. Most people see this for what it is. The wife got upset at the gf and sued her, the gf released the tape as payback. Sterling got caught in the middle.
Paul, Sterling is not a person facing criminal charges. He is a franchise owner who signed a contract agreeing to the constitution and bylaws. If you were a McDonalds franchise owner and you were being sued for discrimination in multiple lawsuits. If you are in the press making remarks like Sterling, you are hurting the McDonalds brand. This guy is hurting the NBA brand. The NBA is predominantly black players w/ a large black fan base. The other franchise owners should have the right to remove someone who is hurting their brand, be it the NBA or McDonalds.
Heard a rumor that the owner of the Phoenix Suns once kicked his dog. And that the owner of the Lakers voted “for” the state-wide ban of same-sex marriage. And the owner of the Hawks once opened an email (NSFW) that contained a picture of a naked woman. I stand in solidarity with PETA, the LGBT alliance, and NOW in demanding harsh penalties (including the forced sacrifice of assets) for the (literally) unacceptable actions of these (literally) inhuman owners. We must constantly search out and harshly punish anyone whose thoughts or actions are offensive. And we must extend our vigilance and our vigilantism to those who criticize our cause, as the toleration of bad behavior is just as deplorable.
Unless you are pure of thought and those align with ours, we will come for you.
Steve – are you talking about the current owner or the former owner of the Suns?
I have a natural right to be a racist, a bigot, antigay, anti-Semitic, white
supremacist, discriminative person. I also have a 1st amendment right. My
rights will trump your feelings any day.
This is a silly post since there is no threat of prison or jail time. He is perfectly free to go about his daily business to screw whoever he chooses. In ALL businesses and agencies of any kind, there are conduct rules which if violated will get you fired, fined, etc.. When I was flying for the airlines, if I was in uniform or even alluded to my airline when I was drinking, I would be terminated if I were even seen in a bar. ALL airlines DO regulate private conduct for the simple reason that they depend on public good will and confidence to conduct their business. We even had one pilot and a flight attendant get fired for having sex on an unused jetway at STL! They had been in uniform, but I never did hear how much they had on while conducting their business.
I read those NBA rules and Silver had an either or choice. Either he fined Sterling or he did something else. Nowhere is there a suspension clause that I could see. He cannot do both. I think Sterling may have a case against the NBA and Silver and the Governers, plus there is a whole bunch of due process that seems to be missing.
I wonder how that binding arbitration clause is gonna work this time.
jonathanturley
Dredd, I may have missed that link. I thought that the rules relating to owners were “confidential.” Is there a link to the full rules governing owners?
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I checked out early yesterday and did not see your comment.
Max-1 commented just above and linked to the May 29, 2012 version on scribd.
The NBA published them NBA Constitution & Bylaws (PDF).
They have to be considered in pari materia, so in addition to the one cut and paste I did in my previous comment, here is the overarching clause:
(link above).
That rule is interesting since this is a ban rather than a termination. It does however show that the owners agreed to such provisions as a condition of ownership.
Jonathan – the key is ‘willfully violate’ not sure trash talking your soon to be ex- girlfriend is ‘willfully violating’
The Constitution and By-Laws of the National Basketball Association
NBA Constitution and by Laws
Max-1 – thanks for posting the constitution. 🙂
Meeting somewhat radical rhetoric with even more radical action that appears to be unconstitutional also………… Looks like that dreadful doctrine ‘zero tolerance’ again. If the guy is fired for life, how can he also be fined? Unless, perhaps, the finers take it out of what they owe him. I’m against racism, but just as much against zero tolerance for anything, whether radical shite muslims or schoolboards are doing the zero tolerance thing. It could backfire on apeal and I hope it does. If there is a crime, prosecute, but thought and speech ‘crimes’ are on shakey ground. So maybe you want to condemn Abe Lincoln and everyone else? Some people evolve slowly. Sterling is such a person. Such people are best ignored and possibly removed from their posts if their behavior is inappropriate for that post.
“I will say then that I am not, nor ever have been in favor of bringing about in anyway the social and political equality of the white and black races – that I am not nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people; and I will say in addition to this that there is a physical difference between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality. And inasmuch as they cannot so live, while they do remain together there must be the position of superior and inferior, and I as much as any other man am in favor of having the superior position assigned to the white race. I say upon this occasion I do not perceive that because the white man is to have the superior position the negro should be denied everything.”
I can’t blame the NBA for doing whatever they legally can to distance themselves from Sterling. At this point, it just seems like good business for them. Lesson here is not to piss off the mistress.
Some of the reasons an owner can be ordered to sell a team:
(JT’s Link up-thread). There are others.
Dredd, I may have missed that link. I thought that the rules relating to owners were “confidential.” Is there a link to the full rules governing owners?
“Racism isn’t born, it’s taught. I have a 2 year old son, know what he hates? Naps. End of list.” Denis Leary
I think he has 666 stamped there.
Pete: on which bun? 🙂
teji
I’m not gonna look to see if he has 925 stamped on his ass
This Sterling has no stamp on Silver marking .
randyjet
“Has anybody noticed that if the names were reversed it would be Sterling BANS Silver for life”.
Only Diamond crusted Gold is OK.