BMW Oracle returns to court over rules
[Source: BMW Oracle] Statement from Tom Ehman, Golden Gate Yacht Club Spokesperson.
We have asked the Supreme Court of the State of New York to take several steps to ensure that the 33rd America’s Cup is run in accordance with the Deed of Gift.
Our reasons are clear: Recent actions by Société Nautique de Genève (SNG) to unfairly manipulate the rules continue their disturbing pattern of misconduct as Trustee of the oldest trophy in sports.
In today's motion, Golden Gate Yacht Club (GGYC) seeks to hold SNG to its commitment to the Court not to issue rules that disqualify GGYC, as their measurement rules would do.
GGYC is also seeking to require SNG to issue rules for the America’s Cup match that comply with the Deed’s requirements. GGYC also seeks to make public the still-secret agreement SNG entered into with the International Sailing Federation (ISAF).
Specifically, with today’s motion GGYC has asked the Court to direct that:
• GGYC’s challenge vessel needs only to “not exceed” its challenge certificate dimensions, and that a precise match of dimensions is not required by the Deed.
• When measuring length on load water-line (LWL), rudders shall not be included. SNG is trying to subvert over a century of America’s Cup practice, as well as standard ISAF measurement procedures.
• LWL length shall be measured with the maximum weight that the competing vessels will carry while racing.
• The match shall be conducted in accordance with the ISAF rules (except for rules restricting vessel design, including racing rules 49-54 which the court has already held are in conflict with the Deed), and that any changes to those rules can only be made with the consent of GGYC and with the required approval of ISAF.
• With regard to the secret agreement SNG has with ISAF, that the court-ordered confidential treatment be removed so that it can be made public.
Today GGYC also filed an appeal of the court’s July 29, 2009 decision.
We remain excited about racing for the 33rd America’s Cup in February 2010 and are moving full speed ahead with our preparations – even as we continue our fight for fair and competitive rules.
Labels: 33rd America's Cup, BMW Oracle, Tom Ehman
15 Comments:
Nice to read that someone is still excited...
... neverending court-story...
This process is killing the public interest in Americas Cup. I really really hope there will be some sailing in february 2010 and that the winner organize a proper 34th AC with monohulls and a full challenger series with rules following the tradition (not to let the defender sail in the challenger cup etc.)
Here we are! Another tentative to escape from racing.
Oracle, not only are the courts BORED of you, so is the AC community!
12:07 anonymous - true, eb's constant bs is a permanent tentative to escape from racing.
I think Tom these are the measurement rules that you wrote yourself back in '88...............So move those rudders fwd.....
bmworing!!! loosers!
same old BOR bullshit .. yawn ......
It's enough, Russell!
Come on SNG stop being a puppet of EB & Alinghi. Starting dealing fairly with this AC as you are not being sporting.
You have nothing but yourselves to blame for 2 year plus of court ever since you went off the tracks in AC 32 & in the ditch with CNEV. You are battling against 158 years of history & you aren't about to change that so wake up & do the right thing for the AC & the sport. If you can not things are only going to get worse much like the media now coming after you.
SNG you have to change your ways as you have this is court as the whole world has witnessed with CNEV being illegal.
The simple fact, that Alinghi lost on all crucial issues in court would suggest that they were (are) doing something wrong wouldn't it?
Let's not forget, that BMW Oracle wanted to race as early as October 2008! (and then in 2009) but it was Alinghi that cowardly avoided racing by using shady legal tactics.
TE in his Affidavit of September 2nd, 2009, goes to great length describing spying , what he calls elsewhere as "legal observations", that might have given SNG and Alinghi measurement data of BOR-90. What he fails to say is that until the 'Evidentiary Hearing' in the New York Supreme Court on August 10th, 2009, it was not clear if BOR-90 actually WAS the vessel GGYC would use in its challenge or just a fake, since it was NOT named 'USA' and was not identified elsewhere to be the challenging vessel before that date.
It is amusing to witness when the vague "Certificate of Name, Rig and Specified Dimensions of Challenging vessel" and the absence of a CHR comes to bite GGYC in the butt!
Had the specifications excluded the rudder from the waterline measurement in the certificate, that would have most likely been complied with in the measurement rules. Had a CHR been delivered, it would also have made this clear. Absent these specifics the GGYC with BOR-90 alias "USA" is stuck with the measurements they supplied as they are open to be taken as stated without any other conditions and exclusions, be they customary or not. It can be considered just punishment for being deceivingly vague and not forthcoming with information about the challenging vessel.
Judge Kornreich has seen the various legal gyrations of Ellison and GGYC and now the addition of a very highly touted attorney to climb out of the hole they dug for themselves.
You may use many words to say very little but you will not succeed in masking the obvious: Someone is trying desperately to gain an advantage by bending the rules. Now why are they so desperate?
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