Thursday, January 01, 2009

NY Yacht Club files Amicus curiae brief

Related PDF documents
- Amicus curiae filed by the New York Yacht Club

[Source: New York Yacht Club] The NYYC has been working for more than a year through its America’s Cup Committee, chaired by George Carmany, to help settle a dispute involving participants in the 33rd America’s Cup, specifically the Golden Gate Yacht Club, the Société Nautique de Genève and the Club Nautico Espanol de Vela. Despite our best efforts, we have been unsuccessful in this regard. Feeling an ongoing responsibility to the donor (NYYC-member George Schuyler) as well as the traditions and history of the America’s Cup – and the traditions and history of this club -- we believe it is time in the legal process to make our voice heard.

The America’s Cup Committee has voted to present an amicus-curiae (friend of the court) brief to the Court of Appeals State of New York that is considering the matter. As Commodore I agree with this course of action and have discussed it with all former Commodores, the Executive Committee and the Board of Trustees who likewise have approved this approach. Thus a brief, written by Vincent Monte-Sano, the general counsel of the NYYC and member of its America’s Cup Committee, will be filed before the end of this year.

The NYYC has no personal interest or stake in the outcome of the litigation. Our interest stems solely from the long involvement with the America’s Cup and a desire to have the competition remain faithful to the Deed of Gift, as drafted by George Schulyer, and for the Cup Match and the Challenger-Selection Series to be a fair and even-handed competition.

NYYC’s Views

The Club Nautico Espanol de Vela (CNEV) was in essence the Real Federación Española de Vela (RFEV), the Spanish national yachting federation, in the 2007 America’s Cup in Valencia, Spain. The NYYC believes that CNEV does not satisfy either of the criteria set forth in the Deed of Gift for yacht clubs that may challenge for the America’s Cup; namely that: CNEV is not an “organized Yacht Club” and CNEV does not satisfy the requirement in the Deed of Gift of a challenging yacht club’s “having for its annual regatta an ocean water course on the sea, or an arm of the sea ...”

Further, CNEV seeks to be the “challenger of record,” a special role that requires that the yacht club in question negotiates not just for itself, but rather on behalf of all of the challenging yacht clubs. The NYYC asserts that the “challenger of record” must satisfy the letter and the intent of the criteria set forth in the America’s Cup Deed of Gift and should be totally independent in its representation of the interests of all other challenging yacht clubs in negotiating a Protocol that will govern both the America’s Cup Match and the Challenger-Elimination Series. It is the NYYC’s opinion that CNEV does not fulfill these conditions.

While it would have been very easy for the NYYC to avoid getting involved in this legal controversy, we feel an obligation to the history and traditions of the America’s Cup. Thus we are speaking out at this time.



At 6:28 PM, Anonymous Anonymous said...

Thank you NYYC!!! SNG & challengers pls wake up as you are focused too much on the $ & not the Deed.

At 7:15 PM, Anonymous Marian said...

NYYC has put an end to Mr Bertarelli trying to own and run the Cup for his own way. SNG had better wake up and take back control or the NYYC, GGYC and others will be going to court to have SNG removed as Trustee. As much as I like what Ernesto was trying to do, he has now lost and I do not want to see the Cup forfeited to GGYC or returned to Royal New Zealand. It belongs in Europe.

At 9:16 PM, Anonymous Norberto the sailor said...

Why does NYYC think that they are above the law? The judge clearly determined that the challenger is legit. Why do American always think, that the law does not apply to them? Or why do they think that the free world needs them as sheriff? Wake up NYYC and BOR: the AC will go on, but without either of them thanks to the boneheaded moves of Mr. Ellison. BOR has managed to completely destroy the reputation of the American sailors by attempting to win the cup in the court room.

At 9:20 PM, Anonymous Anonymous said...

Marian: is this the best you have to offer? Another "court room threat"? "If you don't do want I want you to do, then I will sue your ass?" Pathetic, just like BOR. And the old men from NYYC are in that same league: trying to write their own law. What a joke, the decision of the court was loud and clear. But apparently they didn't hear it in San Fran nor in NY ...... crank your hearing aids up a bit!

At 9:44 PM, Anonymous Anonymous said...

9:16 pm - NYYC has the longest understanding of the Deed in both tradition & intent. After all GS was a NYYC member & the one who created the Trust that is held under NYSC law. Why, doesn't EB stick to the Deed is the question you should ask? The AC will go on & it will be under the guiding hands of the NYSC & the Trustees that work w/in the Deed. SNG & EB are finished.

9:20pm - Which decision are you talking about? The 1st one that EB appealed after he stated they will not appeal. Get real man, a 3-2 decision in a auto appeal. Sadly, you fail to understand why NYYC would speak out. I guess you will say the same when other Trustees come out to support the NYYC position. Btw you should read the NYYC brief a it's quite clear where SNG is mis-representing certain statements made by NYYC.

The next round of court case will be interesting. Don't be surprised if there are filings against SNG for failing to act as per the terms & conditions of the Deed. After all this is a Trust & not the F1 sailing league.

At 1:38 AM, Anonymous Norberto the sailor said...

9:20 Poster - unfortunately you dont posses the legal understanding to judge this situation. Its perfectly clear what the court stated You may not like it, but its the final word. And that will be upheld. Period. Reality is that BOR screwed themselves by pursuing a ridiculous court room strategy in their pursuit to win the AC in the court room. They should have done what ALL OTHER TEAMS IN THE WORLD (!) did: sit down with Allinghi and work out a fair protocol. Now BOR (and US Sailing) find themselves isolated and outside the AC community.

I feel sorry with the US sailors who are robbed of their opportunity to be part of the worlds greatest sailing event.

As for "what might happen in the future" - you are grasping at straws. The next AC will partake without an American entry (and maybe its better that way!)

At 3:35 PM, Anonymous WetHog said...

It will be interesting to see how things shake out now that NYYC has made its feelings known. And to those that say NYYC has no standing/right to file really don't know what they're talking about.

George Schuyler was a member of NYYC and that club held the Cup for 132 years. If the City of Valencia, and a couple Teams of no consequence, are able to file a brief with the court then surely the NYYC can.

As for the next court show down, it can go either way IMO, but at least now with NYYC in the mix both sides go into this battle on even terms.

As for feeling sorry for US sailors, why feel sorry? Is EB going to ban all sailors holding US citizenship from the AC now? I wouldn't put it past EB to think of something like that, but I don't think he will.

As for the AC better off without a US team involved? Noberto, and others, who make that statement need to pull their heads out of their A*****. The AC is in Europe for one cycle and it "belongs" there? Please. It can be said the worst thing to happen to the AC is it went to Europe. Its been "cheapened". Hence why the Cup should be given back to a trustee that cares about it. And what EB is organizing can be renamed the "Euro-trash Cup".

At 5:19 PM, Anonymous Anonymous said...

for wet hoggie ..... the only (ex)participants who cheapened the AC has been BOR and their feeble attempt in winning the cup in the court. As for the American sailors: most teams have their personnel in order, and don't need help from American sailors. That leaves the Americans without a job, thanks to the boneheaded court maneuvers of Mr. Ellison. How do I know? I am one of them, and let me tell you that American AC sailors are really fed up with Mr. Ehman lousy tactics which have cost us our participation in the next AC. Many of us (American AC sailors) wish there had never been a BOR!

At 9:37 PM, Anonymous Anonymous said...

Norborto said: "Its perfectly clear what the court stated You may not like it, but its the final word."

It is perfectly clear what the Appeals Division stated (in a 3-2 decision), but it is not the final word. The New York State Court of Appeals will have the final word, and if they can read the Deed of Trust, they will disqualify CNEV as an unqualified challenger under the terms of the deed. And when this happens, there is no reason that a normal multi-challenger regatta for the Cup can't take place in 2010. That is the stated position of both SNG and GGYC.

P.S. If you haven't read the NYYC brief, I suggest you do so. It is well-written and illuminating.

At 9:50 PM, Anonymous WetHog said...

How can you say most teams have their rosters set? There are 18 Challengers and its safe to say 5-8 of them have probably 3 employee's on their payroll.

As for US sailors being out of work, the AC being a meal ticket for professional sailors has a history that might go back to San Diego in '95 but I don't think it goes back that far.

In these harsh economic times I don't like reading about anyone being out of work, but considering the fluky history of the AC (both in and out of court and unpredictable time tables for the next regatta) tying your finacial future to something like the AC seems to be a personal problem and not the responsibility of BMWO.

One last thing, I find it hard to believe syndicate heads are turning away American's because of what Larry Ellison is doing. But if they are would you want to work for an organization run by people so ignorant that they would disqualify someone because they are the same Nationality as Ellison? The funny thing is the same people not giving you a job call American's un-civilized Rednecks. I think its the other way around don't you?

At 10:22 PM, Anonymous Anonymous said...

5:19pm "the only (ex)participants who cheapened the AC has been BOR and their feeble attempt in winning the cup in the court"

Pls understand that the AC is governed by a Trust in the NYSC. That is were conflicts end up when folks want to twist the Deed in to something it's not like EB has. The NYYC brief adds further weight that EB is doing something the Deed doesn't allow for.

As for "feeble", it ring loud & clear when folks don't bother the read the fine print about the AC. It's a Challenge Cup & not a professional sailing league & never will be. Those before you understand that so don't blame the AC for a person problem.

At 10:22 PM, Blogger cathy said...

As publisher of BYM News, I wish to make it clear that the person posting here as "Marian", is NOT Marian Martin, Executive Editor of BYM NEws.

At 12:18 AM, Anonymous Anonymous said...

Dear wettowel. you are rambling... i dont understand a word you said.

At 12:21 AM, Anonymous Anonymous said...

to wet hog... WHAT?????????

At 1:04 AM, Anonymous Paps said...

I think Nob Erto needs a cold shower, SNG lost then appealed. GGYC last that round and have appealed.
Its one each going into the tie breaker numb nuts.

At 2:09 AM, Anonymous Anonymous said...

Now there is a SDYC Brief supporting GGYC as well.

We now have 100's of years AC experience in NYYC & SDYC saying that CNEV is a sham yacht club created by SNG.

Sure sounds like as a Trustee that SNG has failed at their job of managing the Trust.

At 9:36 AM, Anonymous WetHog said...

Well after the New Years celebrations I was a little foggy when I wrote my last post, but having said that I re-read it again and it makes perfect sense to me. In the end thats all that matters really.

Let me see if I can whittle down the finer points of my previous post:

1. Until the recent past, the AC was never contested solely to provide paychecks for people. That might be a contributing part of the current mess the AC is in.

2. If US sailors cannot find employment with one of the 18 teams signed up for AC-33 because they share the same Nationality as Larry Ellison, what does that say about those 18 teams?

3. This is a new additon by me, but I am curious to read responses on this site when Mr. Pierre posts the SDYC brief that was also filed in the NYSC. I am sure a couple of those responses will argue SDYC also has no right to file a brief as well.

At 6:47 PM, Anonymous Zues 52 said...

I have a question. When does a "Challenger" become a "Challenger of record"?

At 7:49 PM, Anonymous Anonymous said...

When he is the first to challenge. Usually with the consent of the defender.

At 10:54 PM, Anonymous Anonymous said...

7:49 - The Defending club has to take the first Deed eligible challenge or face the NYSC. There is no consent required by the Defending Club.


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