Sunday, June 21, 2009

Golden Gate Yacht Club sends Société Nautique de Genève another letter

Related PDF files- Letter from GGYC to SNG, dated 19 June 2009

Vice Commodore Fred Meyer
Chairman, America’s Cup Commitee
Société Nautique de Genève

Dear Vice Commodore Meyer,

We see no point in re-hashing the many erroneous assertions contained in SNG's two letters of May 26, 2009. Suffice to say we stand by our letters of May 20 and 23, 2009, as well as our letter of May 26, 2009 to CVG's Lorenzo Rizzardi.

However, please know that we will not stand idly by if your Club flaunts the Deed of Gift and/or the Court's Judgment and Orders by, for example, naming a Northern Hemisphere venue other than Valencia without our express agreement - which, nonetheless, we remain willing to negotiate.


Golden Gate Yacht Club
Marcus Young

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At 12:15 AM, Anonymous Uncle Tom said...

As I already did for a similar post last month, I think it is good to put here the exact quote from Justice Cahn so we can all have our own interpretation:

"ORDERED that the location of the match shall be in Valencia, Spain or any location selected by SNG, provided SNG notifies GGYC in writing not less than six months in advance of the date set forth for the first challenge match race of the location it has selected for the challenge match race, and it is further ORDERED that GGYC and SNG may engage in a mutual consent process and make any arrangements satisfactory to both as to the dates, courses, number of trials, rules and sailing regulations and any other conditions on the challenge match race in accordance with the deed of gift."

In my opinion, Cahn starts defining where the venue can be, then he explains the way it must be communicated to the COR, and then he talks about how SNG and BOR must start a mutual consent process to select the dates, courses, trials and rules, and it's in that moment and not before, when he declares that those must be "in accordance with the deed of gift", meaning that he wasn't going to get into every little detail but he refers the Defender and the COR to the Deed, where all that is ruled.

Therefore, regarding the venue, the Court very clearly lets SNG take the DoG Match to "Valencia, Spain or any location selected by SNG".

In other words, Tom Ehman is once again peeing into the wind.

At 2:54 AM, Anonymous Anonymous said...

BOR: "We don't agree to anything, but maybe we will agree to something, but then again absolutely NOT. But we could negotiate, but maybe we will not negotiate, it all depends ......(on what it depends we don't know yet) But for sure we will just simply sue your ass again, and while we are at it, we will sue everybody. So, take THAT!"

At 4:04 AM, Anonymous WetHog said...

Out of the blue and inappropriate IMO. Regardless of the fact that I am a BMWO supporter, I am not a supporter of PR bullshit that will only lead to more court crap. This could of been worded a lot differently, or not at all.


At 11:29 AM, Anonymous Anonymous said...

Uncle Tom - pls read the court transcrips as SNG & GGYC agreed before Judge Cahn that they mutually agreed that Valencia was a raceable venue regardless of time of year. Hence that is why Valencia is in the order otherwise for the NH they need mutual consent. This has already been covered here at VS.

Btw there is no COR w/ a DoG challenge just Challenger.

Sure the letter was a little early but it's been done to fire a warning shot across SNG bow. If SNG wants to go NH but not Valencia GGYC will have them in the NYSC for contempt.

At 3:34 PM, Anonymous WetHog said...

Well in a recent Seahorse Magazine interview Coutts did shed some light into BMWO's thinking regarding the venue:

Coutts explains his team’s position. “The way I explain it is: ‘anywhere in the world?’ Could you have it on Lake Geneva? And the answer is ‘no’. Why not? Because it needs to be in open water/Deed-compliant. So it can be anywhere in the world, that is Deed-compliant, but they made a specific exception for Valencia. So you can’t have it on dry land, you can’t have it on the ice or an inland lake – because none of those things would be Deed-compliant. So you still have got to comply with the Deed: that means anywhere in the Southern hemisphere or Valencia if you want to have it in the northern hemisphere.”

Regardless of the fact I support BMWO, Coutts seems to have a point. If SNG could hold the match anywhere regardless of the deed then they surely can hold it on their how waters of Lake Geneva. But they won't and can't. Why? The Deed won't let them. So the Deed must be respected hence why venue selection is signifcant. We will see though.

At 4:40 PM, Anonymous Norberto the imposter said...

WetHogie ...... you are surprising all of us! Whats up? Before we know it you will be purchasing an Allinghi T-Shirt? .... :)

At 4:57 PM, Anonymous jocecito2007 said...

What else will TE and RC come up with? We will now have to find out whether the word "anywhere" really means anywhere.

Most probably in BOR's Orwellian parlance, "anywhere" means "where it fits me".

The judge was clear. Alinghi can hold the 33rd America's Cup match anywhere in the world.

According to info from San Diego, BOR has problems with their boats and have run out of time. As a result they will, again, try to use any trick they cal to buy more time. They will NOT be ready on time for a February race.

At 5:45 PM, Anonymous Caesar said...

Interesting post from Jocecito... mainly considering that he was the one saying at SailingAnarchy forums that he's 95% sure that the race will take place in Valencia.
So if you add to the equation his last comment here (BOR lack of time to get ready for Feb), plus the rumors about a mediator trying to get an arrangement that would make everyone happy (including the local politicians in Valencia), plus the instability of the wind in Feb in Valencia, plus the Alinghi wish to race in May... who knows, what if all of them are correct!!! ... and what if Elvis is still alive!!!
Can't wait for August the 8th.

At 6:52 PM, Anonymous Anonymous said...

joecito is 100% correct. The information coming out of GGYC is that Dogzilla has had major structural failure. The repair involves a complete redesign of the boat which cannot be accomplished in time for the February race. That will mean that BOR will have to race a repaired boat with a history of structural failure.

At 6:52 PM, Anonymous WetHog said...

Nothing up with me. I am a BMWO supporter, but I am not blinded by the light that Coutts, Ehman, and Uncle Larry project. I have not been a fan of this court bullshit since it started. I have been waiting for that one AC personality of credibility from its historic past to swoop in and mediate the crap between Alinghi and BMWO so the AC can move on and we can get back to racing on the water. Sadly it would appear that voice of reason in the world of the AC does not exsist. So when either side starts running off on tangits that will surely take things BACK to court I get pissed.

So when I say I believe BOTH sides are at fault in regards to the current mess the AC is I mean it.

At 8:54 PM, Anonymous the agent said...

This is the first time I agree 100% with WetHog!
And F1 also learned from the Ac and is moving in the same bullshit situation - Gratulation and goodby major events - lets wait until FIFA and UEFA and IOC learn their lessons and follow.

At 10:26 PM, Anonymous Rolf said...

6.52 Interesting you say this. I'm hearing the BOR design team is as stressed as the boat was. Yes, major surgery required. Anyone got any more on this for us ?

At 10:33 PM, Anonymous Anonymous said...

News from GGYC is that it happened very recently, a failure of a major stress member. Only quick action on part of the crew saved the ship, otherwise she would have sunk. They have to decide now whether to patch repair it, or to scrap the yacht completely and start fresh. Second option seems impossible under the time constraints.

At 10:34 PM, Anonymous WetHog said...

Well I do not know the exact time frame of how long it took to build the first DoG boat on hand, it sure seems like BMWO have the time to build a new boat. Or redesign new bits for the old boat.

At 12:01 AM, Anonymous Anonymous said...

If you speak to Alinghi staff, like I have, they don't seem to think it will be in Valencia...


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