Legal Action Against the NBA on Behalf of Dwight (Update Pg 3)

[Secretly Space Jesus 670]

I don't think you could have more thoroughly missed my point, Svanxx.

 

So kudos, I guess.

[Natesroom 197]

You know what DOM I dont know but i remember when you post count was around 50 and i remember thinking very highly of your insight into basketball... then somewhere along the way you changed into a rude and very narrowminded individual and i believe you decided that that was who you had to be..

 

the Compliment in all that was that i think your previous post in reference to mine was one of your most insightful into my discussion without being overty condescending, so 2 thumbs up..

 

Now in response to yours i would say Yes your company has a right to have a dress code and by working there you have the duty to abide by thier policies. However they cannot discriminate against you solely by only partially enforcing sanctions (according to their policies) on some ppl and not on others. That leaves them libel to be sued for dicrimination under which it is the EMPLOYER who has to prove there was no dicrimination, Hence dwight could file a lawsuit or OM on behalf of Dwight, and it is the NBA who has to disprove the charges...

[Captain Hi-Top 791]

quote:

Originally posted by Nathan Rule:

Now in response to yours i would say Yes your company has a right to have a dress code and by working there you have the duty to abide by thier policies. However they cannot discriminate against you solely by only partially enforcing sanctions (according to their policies) on some ppl and not on others. That leaves them libel to be sued for dicrimination under which it is the EMPLOYER who has to prove there was no dicrimination, Hence dwight could file a lawsuit or OM on behalf of Dwight, and it is the NBA who has to disprove the charges...

 

 

quote:

Originally posted by Nathan Rule:

 

 

Now in response to yours i would say Yes your company has a right to have a dress code and by working there you have the duty to abide by thier policies. However they cannot discriminate against you solely by only partially enforcing sanctions (according to their policies) on some ppl and not on others. That leaves them libel to be sued for dicrimination under which it is the EMPLOYER who has to prove there was no dicrimination, Hence dwight could file a lawsuit or OM on behalf of Dwight, and it is the NBA who has to disprove the charges...[/b]

[Natesroom 197]

i didnt get it Echo.. though the StarWars PPic cracked me up..

[Secretly Space Jesus 670]

quote:

Originally posted by Nathan Rule:

Now in response to yours i would say Yes your company has a right to have a dress code and by working there you have the duty to abide by thier policies. However they cannot discriminate against you solely by only partially enforcing sanctions (according to their policies) on some ppl and not on others. That leaves them libel to be sued for dicrimination under which it is the EMPLOYER who has to prove there was no dicrimination, Hence dwight could file a lawsuit or OM on behalf of Dwight, and it is the NBA who has to disprove the charges...

 

That's only true if there is a written rule that all players must be officiated equally, which there obviously isn't, because enforcing such a regulation on referees would be impossible. Two fans watching an instant replay can come up with two different interpretations of a play; how could the possibly enforce singular ruling methods on referees who have to watch that play once in real time?

 

So the rule Dwight is dealing with isn't any specific variation on the officiating; he's dealing with the rule that says he isn't allowed to complain about the officiating publicly.

 

And in order to prove that he's being discriminated against, that he's the only one being punished for speaking out against the officials, you'd have to provide evidence of others who spoke out on a similar level and were NOT punished. And there aren't any.

 

It's one thing to say that the NBA's policy on criticism for the officiating is asinine. It's another to say they're discriminating against one person. They aren't. What they're doing is punishing anyone who speaks up, which Dwight did. Others have been similarly punished.

 

Also, your interpretation of discrimination cases is backwards. The NBA wouldn't have to prove they didn't discriminate; Dwight would have to prove that they did. The NBA, like any other individual or company that was accused of something, is innocent until proven guilty. And proving Dwight is somehow being deliberately officiated unfairly would be impossible given the aforementioned problems with establishing hardlined rules for officials to follow in game situations regarding how they make calls, and proving that Dwight was discriminated against in terms of his punishment for blog comments would be equally impossible because there are dozens of instances of players and coaches receiving fines for criticizing officials.

 

You can think I'm being arrogant if you want. I don't really care. But the fact remains that there is absolutely NO legal recourse for what you're suggesting. None. Zero. Zilch. Zip. Nada. This horse won't run, this kite won't fly, etc.

[Natesroom 197]

Found a little tidbit that shows more then a fan is seeing the same thing we are, and by the refs own admission they call things differently and not consistently

 

http://www.nba.com/bulls/news/smith_091109.html

 

quote:

-- It always sounds like whining when any team complains about foul calls against it's star player. So most likely dismissed the Magic last week complaining again about Dwight Howard's treatment. But they are right. Howard is mugged like no one else, except perhaps Shaquille O'Neal. Maybe not anymore given Shaq's declining offensive abilities. But I've always been amazed how Shaq was able to deal with so much abuse and acted so professionally. Howard hasn't been able to yet, and leaving a game last week was threatening retribution. Watch Howard all game and nothing else and you'd be stunned at the physical abuse he takes. I know there are different rules below the free throw line. Why is another issue. No one feels sorry for the giant, I know. Maybe except me. Said Stan Van Gundy to local media: "I had a referee very recently, very candidly tell me because of the strength of the bigger guys they let them play more. So they get pushed and grabbed. My point is LeBron's a pretty strong guy. Dwyane's a strong guy, they dont' let people bang on them... The league likes perimeter play." But isn't a foul a foul? I know, I know. It never is. ...

[Secretly Space Jesus 670]

Nathan, I'm being nice here.

 

Reread the article you just linked to. What in that article makes you think that any legal action would be successful? What in that article even suggests to you that legal action is being recommended?

 

There is a difference between something being unfair and something being illegal.

[Natesroom 197]

I wasnt saying that they thought legal action could be taken. My post was "Found a little tidbit that shows more then a fan is seeing the same thing we are, and by the refs own admission they call things differently and not consistently"

 

i was just linking to an article that i would offer as evidence that even REFEREE'S inconsistenly call fouls...and as such the original intent of my post was as far fetched as it was could there be any recourse.

[i HATE Rich DeVos 1]

What update on pg 3? Was the link the update?

[~O~ 565]

After reading this thread, I've come to the conclusion that there is nothing that can be done legally.

[Natesroom 197]

yeah the link was the update. I figured it was kinda liek an update since it was basically was rehashing what we were talking about here minus any legal action

[Progfrog 18]

Eventually the **** storm will hit the fan in regards of the officiating in the NBA (at least one hopes), but poor calls won't change the fact that their is no legal action that Howard or any other player for that matter, could undertake. Hard proof would be needed that the league is doing anything illegal and Howard doesn't have it.

 

A bad call, no matter how obvious, will raise suspicions at best.

 

In this case, as DOM was stating, Howard abides by the rules when he signed his contract. As such, he is held accountable for his actions. When he doesn't follow the rules put in place (i.e. disputing the officials) the league makes moves to make sure repercussions are in order. Dwight knows this and he cannot do anything (other than make matters worse), no matter how much he disagrees.

 

If he were to push this into a legal dispute, one; he'd be suspended, two; he'd lose. He signed the contract and he hasn't the evidence to help his case. What could he say?

 

"B-but they keep fouling me!"

 

"Look at the video, they're being unfair!"

 

"They need to be fired, man!"

 

 

 

Now, put on your tinfoil kiddies...

 

 

And how would replacing referees, which would seem to be the only recourse, change anything if everyone is in Sterns pocket?

 

What Nathan seems to be grasping at is much bigger.

 

Kay, you can take them off now, or keep 'em on. I think mine compliments my chain.

 

 

 

Best the Howard can do is roll with the punches and play the best he can.

 

Personally, I don't approve of how he's been handling this. He needs to man up, because this team needs him and it's the right thing to do.