First of all, I do not agree with or condone any of the statements made by Donald Sterling during the recent recording, or throughout the last 33 years of his ownership of the Los Angeles Clippers. I think that he is a low-life business man and owner; the NBA will be a better place without him.
With all that said, I disagree with how it has been handled by the NBA, NBA Players Union, media, and fans. The way that everything has transpired has opened up a completely new can of worms that the league has never seen or anticipated.
Mark Cuban, owner of the Dallas Mavericks, has been outspoken as always the past week regarding this situation. Monday, Cuban said, “What Donald said was wrong. It was abhorrent. There’s no place for racism in the NBA, any business I’m associated with. But at the same time, that’s a decision I make. I think you’ve got to be very, very careful when you start making blanket statements about what people say and think, as opposed to what they do. It’s a very, very slippery slope.”
This “slippery slope” that Cuban speaks of is what worries me the most about the way the NBA has treated this incident. After the pressure from the media and fans, there weren’t many options left for the league. The NBA banned Donald Sterling for life, fined him $2.5 million, and urged the other NBA owners to vote to force Sterling to sell the franchise.
A decision with such heavy consequences isn’t going to make for a smooth or painless transition. However I believe that the NBA better brace themselves for the immense fallout that is to come from the sanctions imposed. Below I explore three of the consequences that I feel with impact the league the hardest, and the soonest.
Legality:
I am no lawyer or attorney, but Donald Sterling is. This whole case has holes in it and Sterling is going to find those holes, exploit them, and tie up the NBA in court for years. Why would the NBA think any different? Sterling has been in court, in some form or fashion for most of his tenure as a franchise owner. Litigation is practically a hobby of his at this point.
Every time a new detail emerged, I cringed a little. And a lot of those cringe-worthy details are being grossly overlooked by the media at large.
V. Stiviano, the mistress/girlfriend of Sterling that was the other voice heard on the recordings, has been largely mission-in-action from the entire process. These tapes didn’t mysteriously end up on TMZ’s doorstep. The timing was especially interesting as Stiviano is in the midst of a law suit involving Sterling, and separate law suits involving Sterling’s wife, Rochelle Sterling.
According to Digital Media Law Project’s website, “If you are operating in the state of California, you should always get the consent of all parties before recording any conversation that common sense tells you might be ‘private’ or ‘confidential.’ In addition to subjecting you to criminal prosecution, violating the California wiretapping law can expose you to a civil lawsuit for damages by an injured party.”
By using the tapes as the sole, damning evidence against Sterling, the NBA is jumping into the inevitable legal battle surrounding the illegal tapes. This has defamation lawsuit written all over it. This man has been drug across the coal for a week straight.
Darren Heitner of Forbes wrote, “Keep in mind that courts hate to interfere in the internal politics and decision-making procedures of private institutions, including the NBA. However, such decisions must be made in concert with any by-laws that may be in place. If Commissioner Adam Silver and the remaining 29 NBA owners (or at least 22 of them) are to rely on the NBA’s Constitution and By-Laws in an effort to seek to terminate Sterling’s ownership of the Clippers, then they must stand on solid ground, especially if Sterling seeks to vacate such a determination.”
Heitner went into depth regarding the by-laws that could be associated with what Sterling has been hit with. It is an interesting read here. The NBA is a very intelligent organization that has a very extensive legal department. However, with the pressure from the media and fans, I feel like the punishment that came was more of a PR move than anything at this point and that may come back to bite them.
My initial thought when the tapes were released and the media rolled with the controversy was, where is the “freedom of speech”? Did Sterling break any laws? I am a strong believer in the Constitution in this country and see the NBA not only trying to live by their own rules, but at the same time trample individual’s Constitutional right of free speech. That is sure a “slippery slope.”
Cuban said to the L.A. Times on Wednesday, “In this country, people are allowed to be morons… Regardless of your background, regardless of the history they have, if we’re taking something somebody said in their home and we’re trying to turn it into something that leads to you being forced to divest property in any way, shape or form, that’s not the United States of America. I don’t want to be a part of that.”
The Grass Isn’t Always Greener:
All legality aside, let’s say that Sterling submits to NBA Commissioner Adam Silver’s wishes and looks to sell the team. Who buys the team? For how much? Is the team sold before free agency? Before next season? This won’t be a quick and easy solution.
In 1981, Sterling bought the Clippers for $12.5 million. Today the estimated value is said to be around $1 billion. I don’t think making a billion dollars is going to hurt Sterling’s feelings much.
Nevertheless, who is going to join the elite club of NBA owners?
There have been a plethora of names thrown around. Magic Johnson. Donald Trump. Steve Ballmer. Sean “Diddy” Combs. Rick Ross. Oprah. Oscar De La Hoya. Floyd Mayweather Jr.
That is a wide ranging list of potential investors. All of whom have a substantial net worth and have shown interest in investing in or buying an NBA franchise. Are they fit for the job? Is the NBA ready for another celebrity owner? Do any of them come with their own set of controversies?
The hot rumor Wednesday morning was that Floyd Mayweather Jr. was seriously looking into consolidating assets, finding investors, and potentially purchasing the Clippers. He was quoted saying that he was “very, very interested.” Everyone was so excited. Social media was having a frenzy. Mayweather was trending on Twitter most the morning.
It is very peculiar to me that while embroiled in a controversy surrounding racism that there would be such excitement at the possibility of a racist, gambler owning an NBA franchise. It is no secret that Mayweather has had his problems, who hasn’t? But to think that the NBA would even entertain the thought of having someone like Mayweather buy an NBA franchise is ludicrous.
Decrease in NBA Team Values:
Nothing in American sports history can really be compared to what we have seen the past week. History really has been made, and a certain precedence has been set. A scary precedence if you ask me.
The NBA Board of Governors, the owners, will hold a vote soon to determine whether or not they will force Sterling to sell his franchise. This has never happened in the NBA, or any other American sports league. All signs point towards a favorable vote from the owners and the forthcoming sale of the Clippers.
If this is an isolated incident, not much will be impacted around the league. However, if in a couple years another owner displays or exhibits opinions contrary to what the league thinks are acceptable and is likewise removed, there will be ramifications.
No intelligent business owner is going to buy into a business worth over $1 billion dollars, when they know they can be forced out at any moment. That isn’t the case right now, as there are a ton of people lined up to purchase the Clippers. But this may very well be the case in the future if this precedence is set and continues in any way, shape or form.
That is why I am very interested in the upcoming vote from the owners. I fear that the owners are wary of the repercussions if they were to vote against Silver’s wishes. But these men are smart and know that an “all-mighty fist” is not a wholesome environment for people to buy a substantial business in and it may eventually impact the value of their own franchise.
Following the quotes by Cuban, it raises the question as to whether other owners have the same sediments. Cuban said, “I don’t want to be a part of that” in regards to stripping a business from someone for simply saying something in the privacy of their own home and for being a “moron.” Will other owners follow suit or will the vote turn into a popular vote or a group-think scenario?
Like I said to start my column, I do not support Sterling and his racism. The NBA is very diverse and the diversity is what makes the NBA great. An owner that has these thoughts and beliefs, puts a severe damper on the game and the relationships that should exist between owners, coaches, and their players. Sterling being out of the NBA will be a very good thing, however, the way it has all transpired and the forthcoming ramifications have to worry all around the league.
What’s unfortunate about the entire situation is that the NBA Playoffs, which have been fantastic, have been largely overshadowed. All the talk has been about Sterling and the mess the NBA has found themselves in. It’s time to get back to the basketball, celebrate these players, enjoy this first round, and watch the unity of the NBA players in full-force.
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