NY Judge Rules in Favor of BMW Oracle

New York Supreme Court Judge Herman Cahn has ruled against Alinghi and the America's Cup Management Committee, noting that sponsoring club Societe Nautique de Geneve (SNG) erred in accepting Club Náutico Español de Vela (CNEV) as the Challenger of Record over previous leading challenger, BWM Oracle. CNEV’s acceptance violated the spirit of the 19th century America’s Cup Deed of Gift, the judge wrote in his lengthy and weeks-late decision.

CNEV didn’t fit the mainstream definition of a fully functioning yacht club capable of mounting a Challenge, the judge added. The club had conducted no regattas (one is planned), has no boat-owning members (only directors from an umbrella Spanish yacht club organization) and, no member boats tied up at a local marina. More evil: They have no web site, a rather odd measure of a club’s functionality, but an interesting one he invented - - ya gotta be out in Cyberspace to be a Club. For shame: Most of these problems could have been fixed back in June-July when folks were running around preparing for the event, then holding up the silver mug for all to see. They shoulda hired a webmaster! (And a Blogger, your Blogster might add, hint, hint.)

Enter BMW Oracle Racing as the new Challenger of Record. May the best team win (oh, we’ve already seen this match up - - it wasn’t pretty for the USA, well…..). Now, on with the Cup, be in 90-foot sloops, catamarans. tri’s, dinghies or what? Maybe there’ll be some racing in 2009. Count on it.