Will the NBA's Disciplinary Action Against LA Clippers Owner Survive a Court Challenge?

Obviously, our hats go off to NBA Commissioner Adam Silver for taking bold and decisive action against rogue and racist franchise owner Donald Sterling.

But will the action taken stand up in a court of law? The Constitution and Bylaws of the National Basketball Association ("NBA") are specifically referred to as a "Contract among the Members of the Association."  Thus the Constitution and Bylaws of the NBA govern everything from who is admitted to ownership, how and whether a team can relocate, and how the league views misconduct and discipline against its Members.  If Donald Sterling does not take his beating like a man, his challenge to the Commissioner's authority will ultimately be settled by the principles of contract law, in a court of law.

The NBA Constitution and Bylaws define the terms "Member", "Owner", and "Player". After defining those terms, the Constitution and Bylaws set out the Commissioner's powers with respect to Misconduct of each in Article 35 of the Constitution and Bylaws.

Article 35 indeed grants the Commissioner wide and sweeping power and authority - over players. In fact, the leading sentence in Article 35  is instructive:  "The provisions of this Article shall govern all players in the Association."  Almost every single sub-paragraph of Article 35 thereafter refers specifically to player misconduct.

Article 35A governs misconduct of those other than players. Sub-paragraphs c and d are the likely battlefields.  Paragraph c gives the Commissioner power to fine an owner up to $1,000,000 for "making a statement" that is prejudicial to the league.  Paragraph d grants the Commissioner power to "suspend for an indefinite period or to impose a fine not exceeding $1,000,000" to a Member whose conduct is "prejudicial or detrimental to the Association." So, the legal question will be: was Sterling's conduct prejudicial or detrimental to the NBA? Its hard to imagine that even Sterling could argue, with a straight face, that his conduct was not detrimental to the NBA.  So my prediction is bye bye Donald Sterling.

Other than the obvious lessons about bigotry and hatred, there are several other lessons to be learned here. One is to never say anything in private that you would not say in public.  The other main lesson is to "rejoice with the wife of your youth" as Proverbs 5:18 suggests.  Just think how much trouble we could all avoid if we followed that one simple admonition!

A National Emergency

Detroit resident Steve Utash was attacked by a ruthless mob of inner city young men after he accidentally struck a 10 year old child with his pickup truck.

Reports are that at least two out of ten or eleven teenage attackers have been arrested.  While little information has been released about those teens, the chances are great that the teens grew up in a home without a father. How do I know? Consider the following statistics taken from Coach Tony Dungy's web site: allprodad.com

• For the first time in history, the majority of women who are having children are doing so outside of marriage;
• Research shows that 24 million children do not live in a home with their biological fathers;
• Approximately 7 out of 10 African American children are born to unwed mothers;
• 62% of juvenile offenders grew up without a dad;

Now, does growing up in a home without a father make these youths less culpable? Absolutely not. However, while their actions are inexcusable, their behavior patterns are somewhat predictable. We have a national emergency on our hands. I'll say that again for emphasis and so that it really sinks in. Fatherlessness is a national emergency.

Its too late for either you or I to do anything about the situation in Detroit.  So what can we do about the problem? First and foremost, start with your own children.  If you are out of the home, do whatever you can to be involved in your children's lives.  They need you!  If that means making amends with their mother or their grandparents - if it means biting your tongue, apologizing, asking for forgiveness for your past mistakes, DO IT and DO IT NOW!

If you are IN THE HOME, make sure you are there mentally, psychologically, and emotionally. Don't be married to your job or your golf game! Many have climbed the ladder of success only to realize (often too late) that the ladder is up against the wrong building!  This afternoon, go home, free your schedule, and do something fun with your kids. While you are doing that, teach them an important virtue. Remember, values are primarily CAUGHT, not taught. What they see you do, that is what they will do.  Tell your child you love them and you are proud of them - not because they scored a touchdown or hit a three point shot but because of who they are as someone made in God's image.

Consider mentoring or becoming a Big Brother to a fatherless child.  http://www.bbbscharlotte.org. Chances are you know some kid who is fatherless. Invite them over. Take them fishing, hiking or camping. Take that child to a ball game.  Remember the orphans!    

SHARE this blog. The more we talk about this crucial issue, the more awareness of the problem will spread.