As the attorneys say, let’s stipulate to a couple of
things:
- Donald Sterling is a pig.
- He should not own an NBA team.
From this point on, I might get a little perverse. The
penalties against Mr. Sterling sound good, but how do they stand up legally? I
need a lawyer to help me.
So they kicked him out of all NBA activities. At the same
time, they fine him $2.5 million. Would you feel obligated to pay a fine to an
organization that has ostracized you? I could see one or the other, but I'm not sure about both.
Adam Silver said the NBA would try to force Sterling to sell the Clippers. I don’t know
how you’d compel an individual to sell his property. In this case, one ploy
might be to kick the Clippers organization out of the NBA altogether. Messy on the schedule,
and perhaps unfair to the players, but would it force Sterling to sell the team at a fire sale
price? At that point, the new owners would have to apply to have the team rejoin
the NBA, and the other team owners would have some say-so over the worthiness
of the buyers.
A big sticking point is the league constitution. Does it
have language dealing with the moral turpitude or racial attitudes of owners?
If not, the NBA better put some language in there before accepting new owners.
And remember that the offensive comments that led to the
action against Sterling,
as even Kareem Abdul-Jabbar points out, was secretly recorded – essentially
legal in most places, but kind of smelly.
So while many offended by Mr. Sterling may be thrilled about
the NBA’s bold action, I submit that legally, it’s only half-time in this
particular game. But I am notorious for bad legal advice.
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