Apr 29, 2014|
Garland talks with Matt Mitten of the National Sports Law Institute at Marquette University and WWL Sports Talk host Deke Bellavia about the controversy surrounding racist comments allegedly made by Los Angeles Clippers owner Donald Sterling.
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Automatically Generated Transcript (may not be 100% accurate)
No -- talking about Donald sterling and your -- rubio Los Angeles Clippers. Good gentleman who did what I consider to -- impossible we've -- -- races of the year mammal from club and Monday's via. Government killed forum went up against federal government which right wingers were. Totally on his paraded until. He gives opinions of black people and he deserted them like cockroaches. In life. And one of the things. Went out when things went pursuing past when I've heard this rubric of this story. Where is what he ran the NBA do. And everything a look at support seems to be the answer is not a whole lot. Joseph Morgan -- take quick break when we come back we're gonna hopefully. Have an excerpt with this on national sports rule. And ask him in the binding communities dependent and weeks Spellman and have none of the above anything at all. Come right back dubbed Leo brigade seventy amoral 53 yeah. Most of you probably heard of Donald Sterling of the -- and I have not been to a couple of days ago. Owners of the -- turned to lose -- basketball team we're so caught on tape reportedly. Suing whose girlfriend mistress. That didn't like the fact that she was -- black people whose -- student black people. And he appeared news cause quite raucous one and the things I'm wonder about tunes are heard this. Where the and which are better talk to -- experts and we've got one militant who was recognize from sports law institute Marquette University. Met I appreciate the time very much thanks for calling it. Sure my pleasure. What can be done it in the thing. Well the NBA commissioner album after he's actually conducting -- investigation verified. That mr. sterling actually made these comments. Could -- be a pretty hefty fine. They're they're a couple different. Provisions in the NBA constitution that gives him that forty. Depending on which one would choose to rely upon. -- Bolton to be seven years fine one would be. I think Max -- well billion dollars the other top two point. To an app and you also have to be 42. Suspend mr. sterling from any involvement. It and you know team operations. Potentially can definitely. Apply and everything I've read says he's worth about one point nine billion. Would that be taken by the public by the players buy it I believe it is kind of slap on the wrist. Yeah I don't think it's fine you know would be effective at all and certainly the public would look at what 11. One billion. A suspension. You know for a lengthy period China that that's something that would certainly have more cheap Hewlett. But. Would of paper door suspicion the suspension. Or are they concerned about him. Get involved in litigation with the couldn't he claimed good reports. Long suspension. Suspension. There in varying but his ability to manage his investment. Yeah you know you're gonna wait you know BA can really prevent litigation but I think. Arm. It would likely be. Successful apple mr. -- You can be really careful to follow its own rules. I mean that's that's one thing that's critical because an apt at you know make sure that nobody actually verify made these statements. Give him an opportunity to provide inside story in -- provide any other. Procedural safeguards that are required by the NBA constitutional by law. -- and you know court provided great deals -- a great deal of deference to league commissioners. In the exercise what's known as their best interest of the sport of -- typically they have. Fairly broad contractual authority to he'll investigate and take appropriate remedial action fringe and that was. You know adversely. Reflect upon -- believed. Or or here yet BA and professional basketball. And courts you know recognize that the league commissioner is the one that's been chosen by the parties and it's important to remember. That he'll mr. sterling and the club owners yeah as a member at the end of party in this agreement. And he's basically leave it to give the NBA commissioner. Or sober for a broad scope of authority as long as follows. You know the appropriate rules. The other thing court will do. Yeah. You know they provide a pretty well as long as this is be reasonable. Punishment. You know as long as there's any rational basis for the court will not substitute -- judgment that the NBA commissioner so as long as. Mr. -- and within those bounds. He should be fairly solid legal ground. If if there was they've. Violation of quote appropriate rule does the NBA have the legal standing to expel and. Well my understanding is that there is a provision BA constitution I -- that's a tough document. Can you hold them. But it is a provision. That state that if we quarters. All the NBA club owners would vote in favor of expelling. Mr. stone that will be after you know he's given no. And a chance to be incurred. He could potentially be expelled my understanding disposition. You know. What we come to deploy it to the -- more involved with gambling or match fixing things that. -- have you know very serious attractive integrity of the sport that would trigger provision. But it would be possible if they would say hey we find comments. You know -- be unethical. Warriors and finally some other provisions abuse rules of that is actually. Potential step that something that again. Three quarters of the current. Andy Cuomo would have to be -- favor. He'll expelled from the week. If if they voted in favor of that could become by acts hurling. And several have to breach Contra breach of my franchise agreement even all the we're out today antitrust claims. And and hang opened in and hang them up in court for months or is that kind of thing ten that kind of thing be legally fast for a. Well I. You know so that if you know -- BA club owners would vote to you know terminate. The franchise agreements. Have to. Felt the club we think that you know -- Got an appropriate. Character so be franchised. You know I think it's pretty likely that he will institute litigation try to get in court injunction preventing the court from. From the court preventing him. You know relief -- required to go franchise. In a fairly quickly as one of the court have to decide. It is -- would you be substantial likelihood. That. -- -- -- Well one of the one of the key issues would be whether the court would fine. There's -- substantial like we would six. Mr. sterling legal claim would be. Successful you've mentioned we try to point out that look at the end. Valid contractual 42 require him to sell the clippers. He would like to defend the hadn't violated. Provisions. That the punishment doesn't fit the crime so to speak. You know that would all depend on the typically what the findings. The NBA would be. What provisions would be -- It'd literally probably of silly question but good sterling to attorneys. If the in beard took. A strong -- there are gigantic -- or expulsion and suspension for a long long suspension. Or expulsion. Critics say wait a minute you guys are known around like this forever the Justice Department sued me individual to have sued me. They've talked about my racism. -- double ACP is give me to look like Tom -- and a new. What I was about. Do that this is ridiculous suit if this is in the it's. Bucs ball should and a balance shattered those little long time ago does any -- -- -- anywhere. Yeah you're right he would argue. That -- that you know that the punishment for crime sort of beat them. -- -- specifically. A little bit cold I think well beyond. And -- is. Pat you know behavior or misconduct from the statement that he's saying look I don't want you going. I African American person to do it as you know much more directly related. Two. You know. It is ownership of the franchise so. -- I think this is no more egregious situation and I think the thing to consider here. Is really substantial public outrage in all of the corporate sponsors let's look at -- wanna be so. Where. Woodward with the franchise you any longer. You know there may well be some standard you know are gonna renew their season tickets -- -- games. So you know yet. Focus on this book that you know the latest comments. I had such as substantial. Adverse. On the integrity -- BA. And the only way older term remedy is to. Make a very strong statement indicate that no remarks like this -- just told them. You know on tolerable. You don't think that you know you ought to continue as an MBA callable. How can -- own roots and uses such subjective question centers -- through but it cube represented. The owners on the legal side. How can they not -- for expulsion. Because if they bowed reply and no -- -- -- -- on -- -- When -- more than a billion there. If they vote for a suspension. -- is can tie it up in litigation. Problem won't last that long. How -- -- owners look at this and say if we don't act and act in the very forceful manner. The -- is -- read this is you know it's kind of the way it is what all of those soldiers were elegant and take advantage. Overall because that's kind of the slippery slope that -- had the potential to hurt him in their pocketbook. Well it -- Because everyone. Very carefully at eight commissioners store worker and so what is that would be. As well as collectively what the the NBA -- monitors and yet it says. You know they have to -- take it and there's going to be costly either -- ago if they vote to expel him I think it is likely. He wore. Institute. You know litigation. -- baby. Don't come out with a very strong punishment. You know like you know suspension might be the starting point. -- -- with the passage of time you might realize it doesn't make sense. Hold on the difference might make bad decisions Beijing. Is not going to be sponsors no one's gonna come -- the gains. I might decide it makes sense to do that might be you know perhaps indefinite suspension might. You'll get the train going down that track if they want if that's what they choose to do. Bear with me on this crazy question of -- have -- board. Could the could still world war. And -- the owners. Go to the sponsors. Have dropped all for the clippers to -- world and in the early separate major sponsors. Instead of them blood duels they were to stay away don't come back in fact. Convince -- sponsors as you can pull out the resume items that. We have ago vulnerable ones in New Orleans owner hornet's George shouldn't. And the MBA and then they'll -- you've got together. And and range to have him removed. Because he couldn't financially supported anymore. If this guy he is cut off from his financial pipeline. Wouldn't he be forced to sell. Well I think you -- but it's very unlikely that the leaders and owners have -- approach. Any potential sponsors -- requests that they do net -- that would set them for forces in the current contract claim. Perhaps he's in the antitrust claim I think he's been so. It looked like that that really necessary the sponsors are doing of their own elections I think -- sort out. It's healed quite unlikely that the NBA players -- the club owners and commissioner's report try to pursue. This question well this barely remembered but it did remember. -- sharp that they could -- and in nineteen in the shoes since and that it's baseball owner. And she had some offensive comments about blacks and Jews shouldn't -- -- stick it's what's the armed band. -- spoken passionately about it all Hitler. -- slurs were learned of black troops into investigated or rituals -- Towards employees. Which committed and -- Jewish remarks. And her lawyer. But went to the other owners. In told the owners. -- indicated to you -- wondered oppose all of you. Recording will be you have made similar statements in the house. Or abuse alerts the -- suspended shot. And. Atsushi Russa called for a year and the -- 25000. Dollars. Is that a precedent sent. Well. Don't expect it to differently it is from five all and I think it's fair to say that the public reaction is. You know much stronger -- twenty years ago. You know. You know social environments as you know this is just it wants. -- reported you know here's what. It's all over the place -- I was working out this morning and reasonable -- cleanup covering. -- You know it's -- they might be considered but I think in a lot of ways and complete you know probably the closest situation and that's one. But. It'll be -- more I think might be even you know more region might justified then. You know easily wars substantial. Sanctions and I mean you know we wouldn't change. I think it's over forty years as a society. Soul you know. Don't think that that's gonna necessarily. In the -- and the appropriate outlook of what would be appropriate. One plus of course from what you think what happened is sterling lawyer went to the owners said the same thing the government imposed Uga is. Proponent -- if you made similar statements in the past. -- -- -- Well. You know again. He could do. But that that the question. Is you know world global public statements. And I look at that claim would basically be you know one. You know an in state publicly it would have been similar actions taken so I think that. You know very much. Fishing expedition by the court should make -- kind of -- that sort. Thank you so much I think I have a little bit better understanding the -- really appreciated that. Matt didn't -- natural sports law institute Marquette University. And did the beer of the big -- -- bill abuse coming up next and we're talking about sterling the order. Diego Los Angeles Clippers and his releases compliments of for -- fire storm and them coming up next. Arrived. We couldn't generic competition just joined us about Donald Sterling -- -- -- -- clippers basketball and the wind Ingrid figured about it and talking about him is this little -- audiotape from Huntington sports. Yeah can't you -- that you want them brought -- this year. You'll see with black people you can do whatever you want you can actually believe he could bring immediate you do if you want. The little I have -- -- a not a promoter -- And not breathing in my speech. All right the results earlier in the short to segment of an order you'd -- In his remarks to a female acquaintance induces ground viral world wide. But -- -- in sports like this so called big bill will be he would be welcome news show what do you think. All of you know it gave and that comical how -- Amare on the radio this panic -- an American. -- you call somebody your black can be a record of black people. -- -- It won't know who got starting you agree. I'm not a -- a -- -- thirty years I know. Don't you go there in shape and cheek to -- continued. The likable. -- going to be an issue. Compared him to be so it would be a little all. Due respect to outcome there. Public you'd think he'd be just compartmentalize injured different. Well I. Don't gonna come out -- -- -- They don't know -- -- apartment diet on the Albuquerque get out on all that garbage is being. And you come out and make this -- I want. Incidents. In 2000. Bob -- what commend -- put premium dollar. -- -- -- -- -- -- -- -- -- In LA. Correct or their complaint like. Adam silver and black and white beard is it shouldn't award arms deal they come and now are all going to be. It is because -- long criminal and wait on it cheek. Are quiet -- the country. Built the locker -- -- World eager patrol. Boy trouble. -- -- I think -- to drink water a country where trouble. True. Good because of the war. About -- nobody -- more tricks and people -- ain't nobody cares nobody in the guardian basically about the outlook the Billick Altria. Every home game. People on board games. And she reached. Out or he would -- -- -- -- -- -- -- -- -- -- In Japan -- record. Worse it is make you wonder why. -- -- -- all along time ago. And that's where there of course the questions alliance it is. Our right to there and they broke their word a big part of basketball. Dave they were horrible team. Horrible -- nobody paid much attention to him. But you know the NBA has lawyers these owners all have lawyers. The Justice Department sues him beat he says that Mexicans sit around and smoked in wrinkle their day total moral worth more than. Talks about blacks thinking are as. Reports -- one elderly woman. Waiting through inches of water and apartment paralyzed on the right side legally blind. Taken medications stay alive. Will be announced for all and this guy said elbow to all the bids to Levy. Now they knew all of this in the Russian news bears believe the coaching -- -- It may be the owners are ignorant enough not to understanding can pick their image to. But the players and coaches not only knew that they've experienced. It. Is -- money that keeps everybody in plates. Gonna -- it got to meet only for that can be the only because there's no way a person. Entry a certain group of people that way. Oh what I'm different -- I don't know different -- -- -- to decide that -- and all the different did you work at all. And you know and it would come out -- -- archer will be I don't know Moby Dick Cheney's -- a player. They do called pay too long and many wars -- reward but not economic out of detention -- problem. And had gotten. Under an outward at the -- got injured in the -- and come out but game. -- -- -- -- -- -- -- -- -- -- -- -- -- This has this problem is pollen into the -- Adam silver and if that's something that should have been in the book along -- over protect the brain to protect image. In the weeks Symbian. -- India this man who can remember in the before never before Obama about. India were -- apartment house and the way he treated people and allow an adult it would be built comic. -- Didn't want to let it like. A loaded and -- about it. Both the government agent try to get into the apartments all the people that rent from. Do so they did not take money and they fear they keep these people. Into the bar and so -- the whole range being. And it seemed like everybody on the. All right -- listed what do you think you are going to be upon years -- -- abuse suspension is bigger and expulsion or not much at all Gibbs call 26 or 170. -- -- obviously -- to respond to you several does come back. Or -- about Donald Sterling all of the Los Angeles Clippers basketball team. Audiotape of servers and T and -- sports. Where rove reportedly he says to an opinion male acquaintance companion which Everett may be. He was on the operative with her serves in the black people and and worship bullying. Black people -- and taken -- with black people it's public. On viral and explode we have the -- mobile with a spear number of people have been holding on that talked -- -- and -- the welcome -- sure appreciate it. Or. Abul. So that we were in the well if they know what they'd come out in the area spam in my could be -- Believe the -- he broke out in the Clinton people. Take these big name and where they might be perfect example. -- and mobile that it might appeal to implement a wreck that they have been -- your lead in the same thing right. The premiere of the concrete -- don't acting -- in. It pulpit -- when the pretty technical. Like that. The -- nobody's stepped it in the guardian. Are about in agreement not -- in contract negotiation and go back and look. Didn't want people negotiating. Contracts. It's all about how completely different in the structure of being in this present vote slum lord. Or are people out. And get true value the common out until. But what all we had this -- that's good ignorant that it or make apple could create you know bigotry compared and we all are. I'm agree and we did David in California room with a big bill -- Are you know. I lose interest in the concept of you furtive and morality clause right movie stars all of morality clauses where they have to. If they get caught up in some kind of sexual. Scandal or what not they're contractors cut off and they end up losing more than there -- -- Serbs to -- You know -- his -- -- law expert that we have owned -- About fifteen minutes ago I asked Hubert foods and fortune and said. Most people admit I was seeing the agreements that the NBA owners and everybody. Signs we have no idea of those kind of -- round at the bureau hurting thing -- No there there someday it'll be Cotton -- in. Acute daughter got more ordered Olga. Can't complete it and he. -- was a bit how about out of view what are urged all of the cold -- that situation indeed we got the current year. But that it appeared on earth could he what I'll feel or what people what they're going to be out into -- about an -- -- What. Long term and and what I mean -- In Indy look at a situation where it's more beatable it and become a -- there. And on our most current because the things he's -- over the course I am. It is just it's one income because according -- political. Almost could be dangerous -- an -- -- people who wouldn't it wouldn't it. But what you -- -- that was number. And what it was David Stern. And it never addressed. Those action and don't think it will put down him and being able to get out of the cookie paint certain people -- -- that'll all help because settlements. Didn't help but could be demanded he bought his way out of trouble. -- and move forward with -- to -- change. And what about. How would you know that ownership. -- topple the Olympic week we can pretty much I don't know compared to a ball. -- one usually baseball. And what seven and eight and until March. And what she'd be -- case it would be a -- eight ball but a comment she made about it Adolf Hitler and -- all it. They they in turn over the court -- and it failed auto ownership but it should I agree it. -- don't think that's only thing we we we can look at it on and all of that was pretty much but what's been. Don't they only suspended her per year and 525000. Dollars so they'll. And here in Utah it would be viewed on account slowly I don't know they they pushed her but -- -- kind of moved to where it -- -- you got failed. I mean you got you gotta you gotta go big -- -- not a -- that -- look at. Dick always a pleasure I appreciate -- -- so much real good. Governor of the bigger celebrity ill -- upon the -- That's pretty much from news news. What explains. Most of what we're hearing adults during. And -- clippers yeah exco. Goal money. Which was certainly -- a low budget endorsements. Acclaim. You can purchase an ambassadorship. You can purchase and image of all rooms and he wanted not deletion -- or forgiveness for the bad you don't -- yet to do their strategies wiser than taking out your checkbook. But -- -- dozens of roads and then you're scribbling. And the low will be all about larger global war for over you know it will Clinton's. Let's do good works in this case. Probably with a group called the -- that -- a real brigades that but he AM 1053. After.