The LIFE of Donald Sterling and the Los Angeles Clippers

"Private" Remarks

For many NBA fans, Donald Sterling’s infamous rant about the African American community was the first time they heard his name mentioned.  As with most information I hear about via social media outlets, I was very skeptical of what I heard about the comments Sterling allegedly made to his girlfriend.  I seriously thought that nobody could be dumb enough to be recorded saying blatantly racist statements.  I felt that way until I listened to nearly nine minutes of an audio recording between Sterling and his girlfriend.  After listening to his remarks, I was not overly surprised.  I would imagine that he is one of many people who make racially insensitive comments in “private” places.  In this case, his remarks were recorded, and mysteriously leaked to the media by an unknown person.  I am glad that the NBA’s new Commissioner, Adam Silver, decided to ban him for life and also fine him $2.5 million.  Silver exercised the most punitive method afforded to him by the NBA’s Constitution to punish Sterling.  During Silver’s press conference, he mentioned that, according to the NBA’s Constitution, the owners can come together to force Sterling to sell the Los Angeles Clippers franchise.

Decisions, Decisions

Let’s be clear—Silver’s move had to be made.  We live in an era where stories are instantly shared to millions of people.  The audio recording of Sterling’s comments was clear and there was little doubt in anyone’s mind that he made the comments.  An even more telling factor in this analysis was the simple fact that Sterling never made a public statement denying that he made the comments.  This lack of action sent a clear message to me that he made the comments and that he does not have one remorseful bone in his body.  The NBA brand is a multi-billion dollar, international brand that is dependent upon each player, owner and employee of the NBA franchises to continue building the NBA brand.  Each NBA franchise is worth hundreds of millions of dollars.  To put things into perspective, we will examine the net worth of a few NBA franchises.  The San Antonio Spurs are the 10^th most valuable franchise and has a current value of $660 million.  The New York Knicks are the most valuable franchise and has a current value of $1.4 billion. 

The Los Angeles Clippers Franchise is worth $575 million.  That net worth does not include intangible things that add value to the franchise.  These intangible things include good will, and being a good corporate citizen.  In order to be a good corporate citizen, an organization cannot have a leader who is involved in deplorable behavior.  Before the allegations regarding Sterling’s comments were confirmed, multiple corporate sponsors of the Los Angeles Clippers temporarily severed ties with the franchise.  Imagine if the players decided not to play a game (which is exactly what the plan was if Silver did not handle the situation in a swift manner), or if some interest group organized a rally at the Staples Center (which was also in the works)?  Imagine the backlash and possible irreparable damage done to the Clippers franchise and most importantly—the NBA brand.  Imagine the lost profits surely to be incurred by the Clippers and again—the NBA. If Adam Silver did not act swiftly and with every ounce of authority afforded to him as the Commissioner, the NBA was set to lose millions of dollars.

A History of Egregious Behavior

Donald Sterling has a history riddled with accusations of racist remarks, practices and ideology.  In 2003, Sterling was sued for housing discrimination.  Specifically, the plaintiffs alleged that Sterling refused to rent apartments to African Americans.  This lawsuit followed another civil action where Sterling was accused of forcing African American and Hispanic tenants to leave rental property he owned in Los Angeles.  In 2009, he was ordered to pay a $2.725 million settlement for another housing discrimination case.   That same year, Hall of Fame player, Elgin Baylor, filed a lawsuit against Sterling alleging many years of racist behavior by him.  These examples are but a few in the long history of accusations of Sterling’s racially insensitive behavior.  

If the NBA was aware of his racist behavior during his tenure as an owner, why had he never been banned, sanctioned or suspended before this incident?  Although factually different, this case is analogous to the unfortunate sexual abuse allegations at Penn State University a few years ago.  In both cases, a powerful man was allowed to either exhibit or fail to report deplorable behavior over the course of many years.  When an institution allows egregious behavior from high-ranking officials, it creates an environment where secrets are swept under the rug.  The behavior is no longer seen as bad, but rather, “just the way things are done.”  It creates an environment where men are allowed to create their own rules.  It seems to me that Sterling knew he was not in any real danger because he has enough money to pay his way out of trouble.  It seems reasonable that he would have that belief because he displayed that kind of deplorable behavior for over thirty years with little consequences.  However, he began believing in his own legend and ability to evade serious trouble a little too much and that is what led to his demise.

What Next?

So what does Adam Silver’s decision mean for NBA fans, players and coaches?  To the fans, I think his decision shows that, although only in his 88^th day on the job, he is more than capable of making well-reasoned, tough decisions for the betterment of the NBA.  For NBA players, this decision shows them that blatant, racist behavior will not be tolerated in the NBA.  Does that mean that individual or institutionalized racism has been eradicated from the NBA?  No.  But, at least the players can rest assured that overt racism will not be tolerated and that is a step in the right direction.  As for the coaches, this decision should serve as a warning that certain behavior will not be tolerated.  Nothing humbles a person and screams, “you are expendable” quite like seeing your immediate boss get the axe.

So what happens to Sterling?  Will he fade to black as many of us hope he will do?  The answers to these questioned are undetermined at the moment.  However, if his record of defiance and blatant disregard for the Rule of Law are any indication, he almost certainly will not fade to black.  Even if the NBA owners vote to oust him as an owner that does not mean that he will not have other avenues of recourse.  He could pursue an antitrust lawsuit against the NBA and its owners.  Unfortunately, we will likely be hearing Sterling’s name mentioned for quite some time.  At least we will not have to see his face though, as his he has been banned from the NBA for LIFE.

Peace

Black Greek Letter Organizations: To Haze or Not to Haze, That is the Question

The other day, I listened to a thirty-minute discussion regarding Black Greek Letter Organizations (“BGLOs”), hazing and the ultimate demise of BGLOs.  The discussion was riveting and can be found at www.huffingtonpost.com.  Despite the riveting discussion of many issues, no conclusions were reached with respect to how to solve the many issues plaguing BGLOs.

By BGLOs, I am referring to the Divine Nine, which includes the following organizations: Alpha Phi Alpha, Fraternity Incorporated; Alpha Kappa Alpha, Sorority Incorporated; Kappa Alpha Psi, Fraternity Incorporated; Omega Psi Phi, Fraternity Incorporated; Delta Sigma Theta, Sorority Incorporated; Phi Beta Sigma, Fraternity Incorporated; Zeta Phi Beta, Sorority Incorporated; Sigma Gamma Rho, Sorority Incorporated; and Iota Phi Theta, Fraternity Incorporated.  I joined Kappa Alpha Psi, Fraternity Incorporated in the spring of 2002, and have enjoyed my time in the Fraternity.  During this time, I have been apprised of a myriad of issues plaguing BGLOs.  The biggest and most pressing issue, however, is hazing.  The following post will delve into this issue and how it impacts BGLOs from a legal and financial standpoint.

HAZING

What is hazing?  According to www.hazingprevention.org, it is any action taken or situation created intentionally: that causes embarrassment, harassment or ridicule; risks emotional and/or physical harm to members of a group or team, whether new or not, regardless of a person’s willingness to participate.  This definition paints a serious picture of the practice of hazing.  According to this definition, whether a person is forced into being hazed or willingly participates does not change the practice.  Hazing, on some level, has been used by organizations since the beginning of time.  However, there are many different levels of hazing.  For instance, in professional sports, it is widely known that rookies are often required to carry the bags of veteran players.  For many folks, this behavior can simply be described as “paying dues.”  The practice of hazing becomes problematic and exposes individuals to civil liability and criminal culpability when physical contact is interjected into the equation.  What usually happens next is something I am very familiar—litigation.  We live in a litigious society where people sue each other frequently.  The concern for those involved in hazing includes civil penalties as well as potential prison time.  Can BGLOs remain financially viable with the number of civil lawsuits being filed against each organization, respectively?  Only time will tell.  

SHOULD PLEDGING BE ABOVE-GROUND AGAIN?

Up until the early 1990s, joining BGLOs meant going through an above-ground pledge process.  For those not familiar with this process, refer to the A Different World episode where Ron Johnson and Dwayne Wayne attempt to join a fraternity.  Pledging as opposed to hazing are two different things.  However, many non-BGLO members believe the two terms are synonymous.  I believe pledging is steeped in teaching life lessons as opposed to bludgeoning people for no reason.  When pledging was conducted above-ground, I believe incidents of rogue behavior were lessened because the identities of those individuals who were “on-line” and the individuals who were pledging them were known.  When above-ground processes were banned, and national membership intake processes (“MIP”) were constructed, those individuals who supported rogue behavior were given an opportunity to operate covertly.  I think giving power, and control to college-age students in an environment that is not regulated can lead to immature decisions that can result in dangerous situations.  That being said, maybe it is time for organizations to move towards above-ground processes again.  Maybe that would offer protection for pledgees while also creating a more regulated environment. 

LIABILITY

BGLOs and individual members of BGLOs have been subjected to civil liability.  This kind of liability impacts BGLOs financial resources.  Some insurance companies (“insurers”) view BGLOs as high-risk organizations because of hazing accusations, lawsuits and bad press surrounding them. Wrongful death claims and negligence-based claims can lead to six-figure exposure for BGLOs.  Although the majority of lawsuits are settled outside of court, BGLOs must expend substantial financial resources before reaching a resolution in many cases.  The sheer level of lawsuits being filed against BGLOs represents a clear-and-present-danger to the sustainability of each organization.  Many, if not all of the BGLOs, are one bad jury verdict away from insolvency. 

The trickle down impact of the lawsuits on members of the BGLOs is represented by increased insurance premiums, which in turn means increased dues for members.  Also, if these organizations continue to be subjected to lawsuits, insurers will likely continue increasing the price of insurance premiums and the insurance policies may become more and more restrictive.  By restrictive I mean that insurers may include more exclusionary provisions in the insurance contracts that exclude certain behavior from insurance coverage.  In some insurance contracts, intentional torts committed by qualified members of BGLOs are not covered.  From a practical standpoint, that means that if BGLO members engage in intentional behavior, the insurers may not have a duty to defend them.  Generally, a duty to defend refers to an insurance company’s duty to defend its insured against legal claims filed against it.  Incumbent in the insurer’s duty to defend usually means they will hire counsel to represent the insured.  If the insurance contracts become more restrictive, insurance premiums paid by BGLOs may not include retention of legal counsel.  That would then mean that BGLOs would have to expend additional financial resources, outside of premiums, to hire legal counsel. As you can probably see from this brief discussion, the legal liability component of the hazing quandary has the potential to cause BGLOs to become insolvent. 

PLEDGING VERSUS PAPER

One issue that persists in the BGLO community revolves around one question: Did you pledge or are you “paper?”  At its most fundamental level, this question is searching for whether a person earned his membership into the organization or if he paid a membership fee to join.  This question is layered because many of the older members of BGLOs will tell stories about their tough roads to become members of BGLOs.  These same individuals, however, are often the same individuals who represent the national leadership in many of the BGLOs.  Many of the younger members view these individuals’ discussions of their processes as being contradictory.  On the one hand, they say hazing is wrong and that younger members should not engage in that kind of behavior. On the other hand, they discuss their processes and how it helped them understand and appreciate the organization. 

There has to be a fundamental understanding between all members of BGLOs that the legal landscape has changed substantially over the past 20 or 30 years.  Not only is hazing illegal, as it was 20 years ago, but the behavior is also enforced.  The enforcement component of the equation is a little different than it was 20 or 30 years ago.  People accused of hazing are routinely being criminally charged and in some cases sentenced to jail time.  They are also being sued civilly, which can lead to jury verdicts and judgments.  This change in enforcement has to change the perspective of members of each BGLO.  Although the legal landscape has changed, younger members often do not understand the legal implications.  They also have a deep desire to be respected by their peers and older brothers or sisters.  Being considered “paper” does not garner the respect many of them are seeking and therefore, they subject themselves to civil liability and criminal culpability all in the name of respect.

Because there are so many issues and sub-issues inherent in this discussion, I will revisit this topic in a later blogpost.

Peace 

Contenders Versus Pretenders: A Quick Glimpse into the 2014 NBA Playoffs

The 2013-2014 NBA season has been filled with many twists and turns.  There have been “interesting” hiring and firing decisions, unlikely success stories and surprising underachievers.  These developments have made for an interesting regular season.  Now, it is almost time for the NBA Playoffs.  There are a number of teams that are legitimate NBA Title contenders—let’s discuss those teams.

Miami Heat

Any discussion of contenders must begin with the Miami Heat.  After all, they are the two-time defending champions.  Many basketball experts have hinted at Miami’s inevitable downfall.  They have discussed Dwyane Wade’s age, his knees are still bad, and maybe he just does not have “it” anymore.  The first two positions advanced are true, but if you look at his statistics, he is still an incredibly efficient player.  He is averaging just over 19 points per game and shooting 54% from the field while doing so.  Greg Oden has given the Heat spot minutes here and there.  The Heat have also unveiled a potent “big” lineup featuring Chalmers, Wade, James, Birdman, and Bosh.  This lineup was developed, at least it would seem, to battle the Indiana Pacers.  Once you include Oden in that mix, the Heat appear to have a formidable rotation of “bigs.”  Michael Beasley has been developing quite nicely and could become an important “X” factor.   In short, the Heat’s run still appears to be in full effect.  They remain the champions until a worthy opponent defeats them—whether that happens remains to be seen.  Stay tuned.

The Indiana Pacers

The Indiana Pacers have shown great improvement over the past few years.  They have an emerging superstar in Paul George.  They have a great, defensive-minded coach and they are tired of playing the little brother role to the Miami Heat.  That combination has proven to be formidable in the past; however, this year they hope to get over the proverbial hump.  They have incessantly chased the number one seed in the Eastern Conference; they believe securing this seed will ultimately determine whether they are successful in the Playoffs.  By successful, I believe they have adopted a “championship or bust mentality.”   The biggest weakness the Pacers have is their inability to score at critical times.  Sure, George is a good player, but he is not yet able to carry a team each and every night—he is still learning.  Once the Heat put the defensive clamps on Indiana, I predict another Heat victory. 

San Antonio Spurs

Last season’s loss to the Miami Heat is probably still eating at the Spurs.  They squandered a great opportunity.  Either way, they are back with a vengeance this year.  I am always amazed by Gregg Popovich’s ability to keep the same core, yet seamlessly place other players into his system.  I do not think there is a better “system” in the NBA.  Popovich is truly a basketball genius; he is also an asshole (if you do not believe me, watch some of his in-game interviews).  Tim Duncan, Manu Ginobili and Tony Parker are still in tow.  These guys truly are elder statesmen in the NBA.  Despite their ages, each has remained effective and Popovich has done a great job limiting their minutes.  I believe whether they make it to the NBA finals will depend on whom they are paired against in the Western Conference playoffs.   Fast, disciplined teams, such as OKC and maybe LAC could cause problems for the Spurs.  Stay tuned.

Oklahoma City Thunder

Much of this year has belonged to Kevin Durant.  He went on quite a tear just after Westbrook went down.  His incredible run catapulted him into the MVP favorite and some folks (not me) even questioned whether he had surpassed Lebron James as an overall player.  The answer to the latter question is an emphatic ‘no.”  I like the Thunder and believe they have some nice pieces.  Westbrook is back after a number of knee surgeries and appears to be playing at a high level.   Ibaka has really improved his overall game; he is drawing serious consideration for Defensive Player of the Year.   The addition of Caron Butler might prove to be one of the most important moves they have made.  His addition will enable them to go small and have 5 shooters on the court.  In my mind, this lineup would include Wesbrook, Fisher, Durant, Ibaka and Butler.  They would match up well against the Heat and could potentially defeat them at their own game.  However, unlike the Heat who have only one serious competitor in the East, OKC will have three tough rounds of basketball.  The amount of energy they will likely have to expend to reach the Finals could zap their energy.  We shall see.

Los Angeles Clippers

I debated long and hard about whether to include the Clippers on the list of contenders.  I have included them for a number of reasons.  First, Blake Griffin finally appears to have crossed the line into superstardom.  He has proven this year that he is more than a one-dimensional player.  However, basketball fans know that performing well in the regular season is completely different than performing in the Playoffs.  I still cannot get the picture out of my mind of Zach Randolph tossing Blake Griffin around like a rag doll.  He has a lot to prove in the Playoffs.  Doc Rivers coaches this team and he is arguably one of the best coaches in the NBA.  He coaches defense and his players respect him.  Lastly, and probably the biggest reason I believe they are contenders, is Chris Paul.  He has had a string of dominant Playoff performances that have ended prematurely.  I think he realizes that he is not competing against his contemporaries as much as he is against all-time great players.  The player he is most often compared to—Isaiah Thomas—has two NBA Championships.  Steve Nash, Jason Kidd, and Magic Johnson each have at least one ring.   They have the right pieces in place, so it is now on them to get it done.  We shall see.

There are other teams that might have some Playoff success, but I think the five teams I have identified are the forerunners.

Peace

Cyhi Da Prince: Black Hystori Project

I have heard a number of good mixtapes lately, including Fab's Soul Tape 3.  But, recently, I have not been able to put down Cyhi's newest tape, Black Hystori Project ("BHP").  A lot of people might not be familiar with Cyhi, but he is a really good artist, and I think he  is about to become a household name. The first time I heard him rhyme was on Kanye West's "So Appalled" track.  I recall his verse being probably the best, but underrated because he did not have the big name such as Jay-Z, and Kanye West.  Either way, he absolutely shined on the track and made me take notice of his future work.  

I like the overall theme of BHP, which is a little bit different than most mixtapes.  I honestly think this mixtape is worthy of being a full length studio LP.  It kinds of reminds of J. Cole's mixtape, Friday Night Lights.  I still believe that should have been Cole's first album release, but I digress.  On BHP, Cyhi names many of his songs after famous African Americans.  Some of the song titles include: "Mandela," "Huey," and "Coretta."  

I do not have a favorite track as of yet, but there are quite a few songs that stand out in my mind.  I have to start this list with "Cydel Young," which is actually Cyhi's government name, I believe.  This track was produced by M16 and Anomaly.  The beat is fast paced and furious.  It might be my favorite beat on BHP.  One of my favorite lines from this song is:  "I really wanted to be an athlete, so it's the Olympics every time me and the track meet, I'm so ahead of my time I'm gonna lap me . . . "   

"3 16" is another one of my favorite tracks.  This track was also produced by M 16.  The beat reminds me of 1990s New York rap.  Cyhi is definitely a lyrical artist and he displays his lyrical prowess on this song.  He rhymes: "Champion from the pantheon, I'm tired of people telling me what can't be done, from 2014 and beyond if you ain't talking money to me sonny then I cannot respond . . . at the Saint Regents with a fancy blond, bish you with a prince why you still got your panties on?"

"Huey" is one of the best tracks on BHP.  The beat is aggressive, as it should be since the track title pays homage to the late, great Huey P. Newton.  Cyhi also pays homage to Jay-Z, but you will have to listen to the track to catch the subtle nod.  This track was also produced by M16 and Tec Beatz.  One of my favorite lines is: "The next time you say the 'A' ain't got no lyricists, I just think you ain't got a taste of this exquisite ish, my verses are like Liviticus to the underprivileged, I make music for the world, you make music for a stripper bish."   

"Guitar Melody" is another one of my favorite tracks.  This track is a little more slower paced than the other songs I mentioned.  It was produced by Tec Beatz.  I think it is destined to become a theme song in Onyx, Strokers, and many of the other "clubs" across the country.  "Shawty got the body of a Goddess, you can see it better from beside it, plaid shirt around the waist just to hide it, I bet that [thing] is so aquatic, even in some jeans, man that thing swings . . . "

If you want to hear some good music, I definitely recommend downloading BHP.  It is the best mixtape I have heard this year.

Peace