No Nonsense, Milestones Ahead

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No Nonsense, Milestones Ahead

Justice Shirley’s Kornreich of the New York State Supreme Court in America has distinguished herself as capable and willing to deal swiftly with various complaints by the parties as the February 2010 deadline arrives for the next America’s Cup competition.

Societe Nautique De Geneve (SNG) has taken exception to two of Justice Kornreich’s recent decisions and have appealed them. Yesterday a NY State Appellate Court unanimously affirmed both October 30th decisions by Justice Shirley Kornreich leaving Societe Nautique De Geneve (SNG) with little option but to head for Valencia. 

The first unanimous appeal decision yesterday was in regards to SNG’s attempt to select Al Khaimah, United Arab Emirates as the venue for the race. The selection of this venue, just 20 miles from the territorial waters of the Republic of Iran, shows either a lack of sensitivity by SNG for the safety of their United States host or a deliberate attempt to keep the American sailors off the top of their game while preparing for the race.

Due to arcane issues of north vs. south hemisphere and date, the selection of this venue by SNG was a violation of an earlier court order. There was a strong belief by SNG, and among many anarchists such as myself that Golden Gate Yacht Club (GGYC) would not succeed in leveraging an arcane technical violation into a successful invalidation of the venue. As it turned out GGYC’s legal team succeeded in making the argument clear, then used the very real but un-actionable issue of safety to elevate the complaint from technical to substantive.

In the interim Iran themselves succeeded in elevating the perception of safety issues further. First by demonstrating on the same day of oral arguments for this appeal that racing sailboats are indeed at risk of unreasonable Iranian actions at the Iranian boarder such as detaining, even blindfolded at times, sailors of a racing yacht over a minor navigation error. Second by demonstrated that American’s are more at risk than other nationalities of such unreasonable actions with the arrest of American hikers detained many months and at even higher risk for arguably the same violation. It’s a reasonable conclusion that having American racing sailboats near Iranian boarders places American’s at risk of unreasonable actions by Iranian’s. Then there is of course the issue that Iran has decided to risk military conflict over their nuclear policy with the west with a military option on the table if no progress is made by end of this year, about 38 days before the first America’s Cup race.

Apparently SNG still has no regrets for selecting this venue as this week Lucien Masmejan from SNG went on the record he was holding out at least thru December 17th for an appeal decision that could allow them to keep RAK as the venue. This is just nonsense.

The second unanimous decision today was in regards to SNG’s attempt to set rules that would have effectively disqualified GGYC’s monster trimaran before the race even began.  Those anarchists keenly following the numerous contemptuous rules being put forth by SNG, have seen a lot of smoke and mirrors on a specific rule redefining how Length Water Line (LWL) will be measured for this next America’s Cup. In changing the rule from past races, including the last America’s Cup managed by SNG, SNG has attempted to make the case that a clarification was needed for GGYC’s trimaran BOR90.

Conveniently the clarification would have disqualified the already built BOR90 trimaran from racing. On appeal SNG advanced a different convoluted argument not worth repeating here, and went on to say that if the court didn’t act BOR90 would have an unfair speed advantage as the longest (length overall) America’s Cup boat in history. This is entirely nonsense as there are several AC boats longer than BOR90 in the past, as well as SNG’s catamaran in the present being reported as just a touch longer (length overall) than BOR90.

With all this nonsense now out of the way, the next three critical milestones for races in Valencia this February include:

  • SNG’s A5 shipping out for Valencia (will she be allowed to leave RAK ?)
  • SNG and GGYC having satisfactorily meet Justice Kornreich’s order to provide reports and other documents including an updated Notice of Race (NOR)
  • A deal reached with SNG, GGYC, and the city of Valencia that allows the venue to be prepared on time for the race.

And if you’re hoping for more nonsense, if for no other reason then entertainment, there is still some now and more ahead including:

  • An analysis of conflicting statements by SNG representatives in response to this ruling as reported here in the AC Anarchy forum by Peelman. And his EB cartton above is priceless.
  • SNG’s response to a Breach of Fiduciary Duty motion by GGYC is due December 24th. 
  • GYC’s response to SNG