## Sports racism

Post by Jay Feely » Tue Apr 29, 2014 6:50 pm

Racism in Sports is too real.
Donald Sterling telling someone not to bring black people in his arena and being fined 2.5 million and being banned for life is well deserved of what he did.
But why he would say that?
His wife is black, most of NBA is black players, racism just cannot be tolerated.
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### Re: Sports racism

Post by drawscore » Tue Apr 29, 2014 10:32 pm

Many people hide their true feelings behind a facade for their own reasons. What is a better question, is why white on black (or white on any other race) crimes or comments are determined to be racism, while crimes or comments directed against white persons by members or another race, are often not called racism. (Rodney King and Reginald Denny ring any bells?)
Sterling was an idiot. However, sanctions imposed on him by the NBA may not hold up. We have that pesky Constitution thingy, which states or implies that no person shall be deprived of life, liberty, or property without due process of law. Like it or not, this was an arbitrary decision, without benefit of legal process. If he fights it, I'd give him a better than 50-50 chance of winning.
That being said, there are differences, both subtle and gross, between civil and criminal law. In this case, civil law would apply, as Sterling did not commit an act that would subject him to criminal sanctions. Reprehensible as his comments are, they do not rise to the level of a criminal act. Stupid act, yes, But not criminal.
Drawscore

### Re: Sports racism

Post by skybird137 » Wed Apr 30, 2014 12:56 am

As a private organisation, the NBA have no powers to impose anything. they can make their decisions, but the other person can decide not to follow them, in which case it does end up in the civil courts. The courts do not like having to interfere with internal systems like sports bodies and I doubt that they will take kindly to this situation being forced upon them.

> We have that pesky Constitution thingy, which states or implies that no person shall be deprived of life, liberty, or property without due process of law.

Does that mean that teachers will have to go to the courts to give their students detention?
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### Re: Sports racism

Post by drawscore » Wed Apr 30, 2014 4:53 am

>>>Does that mean that teachers will have to go to the courts to give their students detention?<<<
You could make an argument for it.
Drawscore

### Re: Sports racism

Post by skybird137 » Wed Apr 30, 2014 5:10 am

There was a precedent set in England on which The Winslow Boy story is based, but that was for a criminal accusation of theft.
It enshrined the right of taking a matter like this to court, rather than handling it internally. I think that if you are taking this step, then you had better be innocent in the first place, though.
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### Re: Sports racism

Post by Kyle » Thu May 01, 2014 6:50 pm

> drawscore wrote:>>>Does that mean that teachers will have to go to the courts to give their students detention?<<<
> You could make an argument for it.
> Drawscore

Kids under 18 don't have full constitutional rights. That's why schools can get away with a lot of things to restrict freedom almost no one else can for the sake of keeping order (such as searches without warrants). No court in the country would hear a case about detention unless there was some other abuse taking place.

### Re: Sports racism

Post by Kyle » Thu May 01, 2014 6:54 pm

Racism in any form is pretty stupid, but it especially makes little sense to be in a business making money off a team and league where a good percentage of the people making you money are of the race you don't like. What is he doing owning an NBA team exactly?
Having said that, I'm surprised that, in this day and age of privacy concerns, few people have discussed the fact this recording was almost certainly made and leaked without Sterling's knowledge. Would people feel better about NSA spying if they were outing a bunch of racists through it?

### Re: Sports racism

Post by tony2 » Thu May 01, 2014 10:11 pm

Just briefly guys, you make good points but this comes under Administrative Law. A group can be formed for any lawful purpose and establish its own rules and penalties which, but for a gross abuse of process, the courts will generally not interfere. A majority of those cases come from religious organizations to which a few members object to the decision of the majority and try to take it to court. One that comes to mind is the Southern Baptist group and another (for equal time) is the Roman Catholics. So... the result of the fine and suspension may well depend on the Administrative Due Process as expressed in the governing documents.
The rights of students under the Bill of Rights, was in court a lot from the 50's to the 80's when the Supreme Court decided the police power of the state to protect its citizens and especially its children when the schools are acting ""in loco parentis" outweighs a student's right to be free from search and seizure. Note: there are a lot more strings to this tune we won't touch here. Hopefully, if you're still curious, you have enough to Google the current holdings, etc. to get a more informed opinion. Start with Administrative Law and go from there. Good luck: "see you in court (grin).
aloha
Tony2
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### Re: Sports racism

Post by drawscore » Thu May 01, 2014 11:10 pm

>>>>Kids under 18 don't have full constitutional rights. That's why schools can get away with a lot of things to restrict freedom almost no one else can for the sake of keeping order (such as searches without warrants). No court in the country would hear a case about detention unless there was some other abuse taking place.<<<<
If you are talking about locker searches, the locker is technically a part of the school, and doesn't belong to the student. The principal or dean can allow the police to search. There have also been instances where the cops wanted to search an apartment, but had no warrant, and the tenants were not home. They contacted the landlord, and the landlord let them in. I think it was upheld in court, but I might be wrong.
Drawscore

### Re: Sports racism

Post by tony2 » Fri May 02, 2014 2:19 am

no, you're right, but those cases are treading very close to the edge. It is OK is a person resident therein lets them search, it becomes increasingly more difficult if the invitor is that much more removed from actually living in the unit.
In actuality the locker search argument is not based on who owns the physical property but rather on the expectation of privacy. That was where the Court balanced the police powers of the State against that expectation of privacy (see above). Kids under 18 are protected by the Bill of Rights EXCEPT where the courts have held the police powers (protection powers) of the state outweigh that right. As to detention, you're correct but perhaps for another reason: the school's legal status is in loco parentis or in place of parents thus the school can exercise those reasonable and necessary controls a parent might do while the student is under their custody. Example would be the school imposing detention or up to expulsion on one of its students being out of line at an away game. This is a real fine line area and I've litigated a few cases similar, but once a lawyer is involved, it seldom goes beyond the school board. Hope this helps.
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### Re: Sports racism

Post by Kyle » Fri May 02, 2014 8:54 pm

> drawscore wrote:>>>>Kids under 18 don't have full constitutional rights. That's why schools can get away with a lot of things to restrict freedom almost no one else can for the sake of keeping order (such as searches without warrants). No court in the country would hear a case about detention unless there was some other abuse taking place.<<<<
> If you are talking about locker searches, the locker is technically a part of the school, and doesn't belong to the student. The principal or dean can allow the police to search. There have also been instances where the cops wanted to search an apartment, but had no warrant, and the tenants were not home. They contacted the landlord, and the landlord let them in. I think it was upheld in court, but I might be wrong.
> Drawscore

They can search your backpack and things like that too without a warrant, and that doesn't belong to the school.

### Re: Sports racism

Post by tony2 » Fri May 02, 2014 10:18 pm

Drawscore[/quote]
They can search your backpack and things like that too without a warrant, and that doesn't belong to the school.[/quote]
Absolutely. Good example of a property right vs. the police powers of the state to regulate safety.
BTW this issue is still divergent in several states on the police powers to do roadblock searches of cars. Those states allowing it have dodged the bullet using an implied consent by virtue of using the public roadways ( not holding that use to be a right, but a privilege that has strings...) I personally find the later position to be stretching it too far. But my opinion no longer counts --- yours however may...
If you believe in yourself enough -
nobody else will figure out you're faking it.
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