With all the latest ruminating by the legal powers that be, it appears that the reality show the 33rd America's Cup has become, is being thrown into an eternal spin cycle by lawyers without end.
Not one damn thing can be decided by the two competing factions, without the specter of litigation. All because of the fact that thru an attempt at mutual agreement last December, for the most part the Golden Gate Yacht Club and the Society Nautique de Geneva could not agree about whether one or two of the new AC 90 Class America's Cup boats should be built.
Ninety-five percent of the bullshit Protocol for the 33rd America's Cup seemed to be acceptable to the warring factions. New York Supreme Court Judge Herman Cahn should return to that moment in time and order binding arbitration on the infamous 9-point plan. He should declare that upon resolution of the protocol that the dates for the next America's Cup should be in 2011.
1] On the issue of the AC 90, 2 boats should be permitted for no other reason than for safety's sake. To figure out the wherewithal to race, tack, jibe and hit the starting line with these new boats, you need to learn how to mix it up and scrape some paint without killing your opponent or yourself.
2] If money is the big concern, put on a financial cap of 100 million dollars per team with a rebate kicker back to the lesser funded teams if you exceed the cap.
3] Appoint a neutral America's Cup arbitration panel to be chosen by the former Trustees of the America's Cup. The panel will arbitrate disputes and appoint race officials.
4] All competing YACHT CLUBS should be held to a higher standard and meet the minimum qualifications of the Deed of Gift. That means by 2011 you have 3 years to hold an "annual" regatta. If you need a sponsor call your local beer or rum distributor.
5] To the New York Supreme Court: Don't answer your phone. Get caller ID and if anyone representing an America's Cup Syndicate or Yacht Club calls; ban them permanently from competition.
It is time to stop the spin cycle, step back and return to basics. I'm sure that with summer approaching in New York City there will be plenty of ambulances for all these attorneys to chase.
