Tuesday, December 09, 2008

GGYC will not submit entry to the America's Cup


- Does Not Consider It “A Legitimate America’s Cup”

- Will focus on winning America’s Cup Case before the New York State Court of Appeals

San Francisco, CA – Dec. 8, 2008 – Golden Gate Yacht Club (GGYC) today released a letter from its Commodore, Marcus Young, to Pierre-Yves Firmenich, the Commodore of Société Nautique de Genève (SNG), officially informing him that GGYC and the BMW ORACLE Racing team will not submit an entry for the regatta being organized by SNG.

The full text of Commodore Young’s letter is below.


December 8, 2008

Pierre-Yves Firmenich
Société Nautique de Genève
Port Noir
CH-1223 Cologny

Dear Commodore Firmenich,

This is to officially inform you that the Golden Gate Yacht Club and the BMW ORACLE Racing team will not submit an entry by December 15 for the regatta that SNG is organizing, which we do not consider a legitimate America’s Cup.

Rather, we will now focus our efforts and attention on winning our appeal before the New York State Court of Appeals – clearly the only avenue left open to create a fair and competitive challenge that preserves the integrity, prestige and tradition of yacht racing’s pinnacle event in keeping with terms of the America’s Cup Deed of Gift.

As you know, the Court has set a date of February 10 for oral arguments and is expected to rule on our appeal by the end of March. Given the stakes involved for the future of the America’s Cup, we do not believe a few more months represent an unreasonable delay.

In fact, we find it quite odd that SNG has set an arbitrary registration deadline of December 15 in light of the fact that a Court decision is so close. Indeed, the timing of your whole revived "preparations" for the regatta – initiated immediately after GGYC filed its opening brief in this Court – is only a transparently blatant attempt to influence the Court. Even so, we were willing to consider entering the event if SNG had given us an opportunity to review the Protocol and compare it against the Ten Point Plan we had proposed to achieve fair rules. Regrettably, SNG did not accede to this reasonable request.

Over the past 17 months, we have made a number of constructive suggestions to resolve the dispute outside of court and get the America’s Cup back on track. Yet SNG and your defense apparatus have consistently refused to negotiate with us in good faith. Instead:

- SNG created a sham yacht club to self deal and write your own rules for AC33, which were immediately condemned by seven yacht clubs as "the worst text in the history of the America’s Cup."

- SNG submitted a secret application to your hand-picked arbitrators to rubber-stamp your sham challenger of record and eliminate GGYC – a serious, independent competitor with the experience and capability to mount a worthy challenge.

- Before the trial court decision in November 2007, SNG unilaterally cancelled the 2009 America’s Cup and Team New Zealand sued you for it.

- When we won the November 2007 decision in the trial court, SNG refused to negotiate a mutual consent, multi-challenger America’s Cup in monohulls that would have put the Cup back on track for a 2009 event.

SNG’s defense apparatus has a track record of excluding top competitors from sailing events when they pose a real threat. Moreover, your recently revived "preparations" process has not been conducive to attracting a strong field of competitors. We have been excluded from the recent meetings, as has any challenger that declined to sign your non-negotiable nondisclosure agreement, thus creating a conspiracy of silence around a rules meeting of America’s Cup competitors unprecedented in Cup history. This is not the inclusive, open, transparent and democratic process required to develop a Protocol that will ensure the full participation of major teams in a fair and competitive America’s Cup.

SNG’s defense apparatus has tried to convey the false impression that you have relented on some of the more outrageous aspects of the current Protocol. But as far as we know, you continue to insist on such patently unfair privileges as the right to change any of the rules at any time, and to compete against the challengers in most of the challenger selection series races with no scoring consequences to SNG.

Why should we blindly enter the event when SNG and your America’s Cup team have proven so untrustworthy and fearful of fair competition?

As we’ve said before, if we prevail in court as we expect, as Challenger of Record we will once again seek to reach agreement with you on a traditional multi-challenger regatta with fair rules like those that made AC 32 one of the best, most exciting in history.

As our latest Court papers state, ―[T]he America’s Cup is special—indeed, it is unique in the sporting world—precisely because it is … a Challenge Cup, begun anew each cycle when an independent and experienced yacht club claims the right to put the Cup’s current holder to the test on whatever terms can be negotiated between relative equals—or under the Deed’s default match race terms if negotiations fail… A qualified, strong, and independent Challenger of Record is essential to the basic structure of the competition that the Deed envisions."

SNG and CNEV are entitled to hold a different kind of sailing regatta if you choose. But without several top competitors and major sponsors, without fair rules, without any regard for 157 years of America’s Cup tradition, and, most importantly, with your Club’s continuing reckless disregard for the Deed of Gift, it won't be an America's Cup. It will simply be an Alinghi Cup, and we see no good reason to participate.



Marcus Young

Labels: , , ,


At 3:25 PM, Anonymous Anonymous said...

As to be expected: BOR the kindergarten bully has shown its true agenda - to self-serve and try to win an AC on the table instead of on the water. All the AC teams are organizing the next event while BOR continues to try railroading the event. Its truly pathetic and an embarrassment to sailors around the world. For a team with such a huge ego they are acting like small children. Good luck, the AC will be a lot better off without BOR.

At 4:36 PM, Anonymous Anonymous said...

BOR and LE should be ashamed of their conduct. A team like BOR should not be representative of an American AC entry, and I am glad that they will not be part of the next AC. The USA had some truly great teams over many decades with excellent sportsmanship. BOR having never won anything on the water will never be a sporting representative of the spirit of the USA.

At 5:03 PM, Anonymous Anonymous said...

Good Point!
It would also be strange to have an America's cup without any US Team.
Is there another team in the USA with an interest in a "lower cost" America's cup?
Is BOR really representing the whole US sailing community as far as AC is concerned?

At 6:19 PM, Anonymous Anonymous said...

Unfortunately Mr. Ellison`s huge ego is destroying the reputation of the American sailing community. Yes, like the previous poster said: Is there no other American club who could represent an American interest in a sportsmanlike fashion? Now is the time for somebody to step forward after BOR screwed up this royally.

At 7:39 PM, Anonymous Anonymous said...

The AC is a Challenge Cup that contained in DoG a NYSC reg'ed Trust. Teams have a right to contest the rules & language of the Trust in NYSC.

BOR disagrees w/ what has been done & is exercising their right under Trust law.

Sadly, this conflict between the 2 sides effects everyone but the courts will decide what is best for the Trust.

The Trust is it's own legal entity & can't be owned or controlled by anyone.

Btw as far as sportsmanship when was the last time you went to a ISAF regatta where you had to enter & sign a NDA before you could see the race dox. Try & find one?

At 9:26 PM, Anonymous Anonymous said...

The way win the americas cup is by sailing. It is a shame that some people to avoid the contest with other challengers try to reach the cup with their lawyers. You have to have little trust in the level of your team. We all belive in democracy and here we find the mayority supporting the multichallenge option and one trying to reach the cup without competition..... what would happen in another sport ? one team wants to play straight away the superbowl.

At 9:28 PM, Anonymous Anonymous said...

The conflict is not between "two sides" - the conflict is between 14 teams who agreed to the rules to race the AC in 2010, and BOR, the team who's only agenda is to win the AC in the court room. If they were truly interested in fair participation they would have registered and participated in the organizational meetings.

A Non-Disclosure Agreement is standard procedure when legalities and hidden agendas are involved.

BOR and Mr. Ellison are tainting the American sailing world and are putting American sailors in a very bad light. Not to speak of lost sponsorships, unemployed team members, loss of incomes, etc. It boggles ones mind how childish BORs demeanor is. Is there nobody else representing the USA?


Post a Comment

<< Home