The now-banned owner of the Los Angeles Clippers might actually be still the owner of the team in the future and the league might not be able to do anything about it
Sure, ban him, excommunicate him, hate him and overall remove him from the NBA’s facilities and arenas, but Los Angeles Clippers owner Donald Sterling isn’t going anywhere.
It’s one thing to ban Sterling from the league as Commissioner Adam Silver did earlier this week, it’s an entirely different circumstance attempting to strip him of his ownership.
This is where things are going to get very nasty between the embattled Sterling and the NBA for months, if not years to come.
The NBA Board of Governors can vote 29-0 to elect to force him to sell, but on what grounds according to the NBA Constitution and bylaws can they do that without backlash?
According to Clay Travis of Fox Sports, after breaking down all the termination clause bylaws that can be utilized to usurp an ownership or an owner who breaches said bylaws, the NBA might have a very weak argument in wrestling away the Clippers from Sterling.
Near the end of the article, Travis provides pretty much the only way the NBA can pose the argument in court that can take the reins away from the 80-year-old real estate mogul.
Here is the lone bylaw that can be used in the NBA’s defense.
(d) Fail or refuse to fulfill its contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely.
Now what the statement in bold says is that the advertisers (State Farm, CarMax, Virgin America and Mercedes-Benz to name a few) that pulled sponsorship with the Clippers could be a way to prove that bylaw D was breached when it talks about “third party” that had an effect on the league and its members.
“The fact that this is probably the NBA’s only — incredibly weak — legal argument for how Sterling can be stripped of his team shows you how lacking in authority the league actually is.” Travis said in the article.
And if the NBA follows through throughout the next week with attempting to remove ownership from Sterling, it is likely going to lead to a nasty court battle that could lag for years.
See, Sterling and his Clippers for decades have been at the forefront of failure in the sports world. But Sterling doesn’t see the sports world the way analysts and fans do.
He sees it through the perspective of dollar signs and nothing else.
You can say all you want about Sterling, but the man has made hundreds of millions of dollars through real estate and turned his $12.5 million investment in the Clippers in 1981 and turned it into a $700+ million franchise.
All while winning a meager two playoff series and a bevy of losing seasons (27 out of 33 years under Sterling).
He is the big white elephant of the NBA and has been for decades. But who will be the lucky hunter to take down the gigantic beast?
One thing is for sure, it will certainly not be a one-man job, but 29 owners, a new Commissioner bent on making an impact and a slew of legal teams that will be up to the task.
Let the games begin.
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