NY Courtroom: The Entire Scene

Earlier this week, a small California yacht club brought suit against the holder - - the two-time Defender - - of the America’s Cup (the “literal” defender: home club Societe Nautique de Geneve, Ernesto Bertarelli, Team Alinghi et al/). That’s their right (it’s America; you can anyone, anytime, for just about anything, including a scalding cup of coffee). This tiny club’s astonishing membership roster, the roster of the sleepy little Golden Gate Yacht Club, the plaintiff, somehow includes a billionaire, who’s the previous America’s Cup Challenger of Record: Larry Ellison of BMW/Oracle fame.

The BMW/Oracle vs. Alinghi hearing proceeded ponderously in one of Manhattan’s grand and intimidating buildings that houses the New York Supreme Court, the state’s lowest court. Atop this building’s massive Greek columns it says: “The Timely Administration of Justice is the finest Pillar of Good Government.” In this lowest of cases, it should say beneath the statement: “No case too small, too meaningless or too petty to drive away all semblance of spectator and fun from the sport.” Or, simply, “Grudges settled, buck stops here.”

The building faces a plaza in which a rather odd, but huge, sheet-metal statue seems to ridicule the goings-on inside the building, since it resembles an upraised hand with its middle finger raised. (Actually it’s something called the “Triumph of the Human Spirit,” a tribute to a New York City African Burial ground, where 427 Africans were excavated.). The statue is SUPPOSED to be two mythical antelopes, locked horns upraised, romping away on a flat-bottomed boat. But that’s a story for another day. Yet it seems apropos, as two goliaths inside the coliseum share the limelight, and sailors outside offer the proverbial finger of tribute to one and all. It’s would almost be funny, if there weren’t so much money at stake.

In this case, the Court issue appears to boil down to the legitimacy of a certain microscopic yacht club (What ARE it’s dues, anyway, and where does one send them?). the gist: “When is a yacht club really a yacht club?” When it’s formed (the moment of conception)? When it hosts a regatta? When it serves it first lunch? When a bunch of boat owners fall down drunk at the bar? Just when? How about when someone says it is, someone pays dues and the check doesn’t bounce or when others join in the fun? How many members does it have to have? Can it also have motorboat members? Social members? A website? A burgee? Parking out front for the commodores?

Your Blogster knows of a New York club with a pool, tennis courts and a full-scale marina filled with boats. Is it MORE of a club than the one down the road that has an empty building for catered parties only, restrooms, no full-time staff, and a couple of slips?

For the America’s Cup and its oldy-moldy Dead of Gift, a yacht club is supposed to hold a major regatta. That’s just about it - - it doesn’t say when, where, how or why. Two Sabots and weighted down Clorox bottles for buoys might qualify nicely. Or two Sabots and one America’s Cup yacht with PHRF ratings of 350 and -10, respectively.

The Alinghi guy’s think the Club Nautico Espanol de Vela (CNEV), a spawn of the Spanish Sailing Federation, qualifies as a club, albeit a new one and was paper-based (don’t all clubs start with reams of paper?), and it certainly “exists” as much as some of the previous Challenger clubs that were accepted in yesteryear by various Defenders.

This is actually the SECOND time an America’s Cup lawsuit has gone to trial. The first time, back in 1989, Dennis Connor’s high-end catamaran went up against a giant J-Boat-like vessel, and David slew the dragon. The rest is history.

The judge neatly sliced through the legal (no so) briefs, targeting three areas for discussion:

* The legitimacy of the Challenger of Record club, certainly as an appropriate “balance of power” of all the Challengers against the Defender
* The seeming “outgrowth” (read “taint”) or birth of this club from Amerca’s Cup 32 (July 2007), the immaculate conception of the Spanish Sailing Federation (which, in part, is responsible for bringing the sailing event to Valencia, Spain - - read, the “money side” of the Business of the America’s Cup match-race, read possible conflict of interest
* The easily verifiable holding and/or scheduling, or lack there of, of a sailing regatta, a particularly difficult thing for a paper-club to pull off, since most yachts require notice and changes in their crowded racing schedules to add a new event to their calendars. An event can be held and no one might show except a few local stalwarts

In any case, Hamish Ross, representing Alinghi, advised Yachting journalist John Rousmaniere afterwards that “with every passing day, Alinghi’s hoped for deadline of July 2009 (for the next match-up) becomes less likely.”

As John summed up: “After about 30 minutes of lively discussion, the judge announced, “There will be a decision shortly.” (read—2 weeks). Out in the lobby, nobody declared victory, but nobody declared defeat, either. Later, the two sides reserved a meeting room at the New York Yacht Club for Tuesday morning.
One of the great things about America is how effectively a little judicial pressure can bring sense and civility to even the most bitter disputes.”