Benny the Bilge Rat gets down to the dirty details
There he goes again. That scrofulous old jerk who calls himself ‘The Bosun’ reckons I’ve “missed the point somewhat” on the New York Yacht Club’s legal queries about the America’s Cup Partnership. He then goes on to miss the whole damn target!
Behind the measured language of the NYYC statement announcing their action lies one, brutally simple question. They are asking the Attorney General:
“…whether the America’s Cup remains, in the words of the Deed, a ‘perpetual Challenge Cup for friendly competition between foreign countries,’ or whether it can be converted into a centrally managed, commercially controlled regatta run by a standing body of incumbent competitors.”
Cop that, Grant Dalton. We know what you’re up to, and we don’t like it one bit.
The people who run the NYYC aren’t half-witted Trumptard hot-heads. They are unforgiving realists with deep pockets. They have also shown themselves to be fearless when it comes to employing the law to press their case.
Here are the four main objections to the America’s Cup Partnership they have raised:
- It establishes a permanent authority to run the Cup that was never contemplated in the Deed of Gift.
- The ACP claims to set the rules of the Cup and control all its commercial operations.
- The ACP claims to itself the right to reject entrants to the Cup despite the Deed granting free entry to any club the qualifies.
- The ACP has not disclosed the detail of its own composition or the benefits that accrue to its members.
And here comes the zinger:
The Club concludes by using the classic legal tactic of combining a question with a threat. They ask the Attorney General:
“…whether the ACP structure is consistent with the rights and obligations established by the Deed and whether further action or judicial review may be appropriate”.
In other words, see you in court, suckers!
But from here on, I’m sorry to say, it’s all about timing. This isn’t a matter of life or death. Even assuming they might have some pull within the legal system the NYYC would be very lucky to get any definitive action from the Attorney General before the Cup racing starts in May next year.
Beyond that, my dear readers, it would just become an argument for AC39.
The Rat
