Due process

“My sense of justice was affected at the trials,” said Farrah Hall. “Now I feel it’s worth it knowing that everyone can have a fair trial.” - NY Times story by Chris Museler

Unintended consequences

The law of unintended consequences, where actions of people always have effects that are unanticipated or unintended, may have found itself a home in the dispute involving Farrah Hall and U.S. SAILING. While the Buttheads are screaming out, “We are tired of sports and courts” and “When did Scuttlebutt become Law.com?”, we may not be able to ignore how a protest by Farrah Hall at the U.S. Olympic Trials may soon result in a rewrite of the U.S. version of the Racing Rules of Sailing (RRS)... and more.

While Farrah failed in her bid to be the U.S. representative at the Olympics, I was curious if it was a secondary goal of hers to change how protests and redress hearing are held. While Farrah did not respond to my question, her advisor John Bertrand replied, “It was her intent to see that issues like she faced are handled fairly in the future.” Okay, works for me, but it will be interesting to see what else changes along the way.

Out of the blocks, the costs may be less money for U.S. athletes and a less effective Olympic selection process. Some will say that U.S. SAILING really screwed up by spending an estimated $145,000 to defend the Protest Committee at the U.S. Olympic Trials. However, U.S. SAILING believed they were proper, and likely felt obligated to defend them as a result of Hall’s pursuit of justice. Regardless, I am sure U.S. SAILING breathed a huge sigh of relief when the United States Olympic Committee (USOC) agreed that the proceedings were held in accordance with the rules in place.

Then there is the manner in which the U.S. will be able to hold the trials to select their representatives for the 2012 Olympics. Historically, the U.S. has had a single event in their country, and the winner gets to go. However, with some of the classes having very small fleets at the trials (five 470 Women and six RS:X women), the expected plan for some classes was to use the results from several international events to determine the representative. However, if the selection process must follow USOC guidelines, and if the standard RRS did not do so, odds are any event held outside of the U.S. won’t be approved.

Any plans that the U.S. SAILING Olympic Committee had for determining their selection process for the 2012 Olympics are now completely on hold until U.S. SAILING and the USOC agree on what changes must be written into the U.S. version of the RRS.

USOC decision: www.sailingscuttlebutt.com/news/09/0222
Farrah Hall’s statement: www.sailingscuttlebutt.com/news/09/0223a
US SAILING statement: http://linkbee.com/F7QX

Time for a change

The Melges 24 class will host its world championship this fall in Annapolis, MD, which was the site of the North Americans in 2008. The idea was to use the NA’s as a tune-up event, and then bring in the Worlds a year later with all the bugs worked out. Same host, same time of year. When the NA’s were held last year, one of the problems was the weather. It was cold. A really funny moment during the NA’s was when an Italian video reporter asked competitor Dave Ullman why the NA’s were being held there when it was so cold. Dave, who is from sunny Southern California, and had nothing to do with the hosting of the event, gave the reporter a curious look, took no credit for the decision, but was wondering the same thing.

Apparently the class agreed that an adjustment was needed, as was stated in this press release: “With guidance from the International and United States Melges 24 Class Associations, and consistent feedback from the participants in the 2008 North American Championship, it was a unanimous decision to change the schedule.” While the NA’ s were held Oct. 29-Nov. 1, 2008, the new Worlds schedule is Oct 23-31, 2009, a week earlier than originally scheduled. Is this what U.S. President Barack Obama meant when he said it was time for a change?

Boat builder for sale

(Bristol, RI) The builder of Volvo Ocean Race entrant PUMA, Eric Goetz Custom Sailboats, Inc. was petitioned into Receivership, effective Jan. 6, 2009, after having laid off workers on Dec 31st. A story published in Scuttlebutt 2787 noted how the company’s troubles began in December, but this was not fully truthful, as Scuttlebutt has known of their cash flow problems since spring of 2008.

Now, with Citizens Bank holding a $1.9 million note on the company, Eric Goetz is leading a new entity to buy his company back, and the State of Rhode Island currently holds Eric’s offer of $400,000 as the leading bid. An auction will be held on March 6, 2009 to purchase all assets free and clear of any liens. Details for anyone interested in becoming a potential bidder are available here: http://www.sailingscuttlebutt.com/news/09/0224

I'm on a boat

Mature content warning: Extensive use of profanity.

Another legal debacle

Eyes glass over when references of sailing and law are in the same story. Thank you, America’s Cup. Since October 2007, U.S. Olympic sailing became another legal exercise following the selection trials for the RS:X women’s boardsailing event. You say, who cares, the Olympics are over. Agreed, but sometimes when the train leaves the station, she goes all the way, as demonstrated by the recent decision of the United States Olympic Committee (USOC).

There is no swift way to describe the originl, but here is an attempt: At the RS:X Trials, there was a redress hearing for an incident during the final race that involved Nancy Rios. The preliminary results showed that Farrah Hall had won, but once the redress hearing was resolved, Nancy Rios had the lowest point total. Following the Protest Committee’s redress decision, Hall could submit a redress protest if she felt their decision was improper. She did not, but then the next day, well after the time limit, she tried, but her request for a time extension was denied.

Hall’s team of advisors and lawyers proceeded to pursue every option to help her get to the Olympics, but ultimately it was determined that all the protest procedures in place were sufficiently followed, and the decisions made by the Protest Committee were confirmed. The only caveat now is how the USOC does not approve of the procedures as stated in the Racing Rules of Sailing (RRS), and wants US SAILING to revise them to be consistent with other amateur athlete laws.

Are the procedures problematic? Not according to US President Jim Capron. “We believe that the rules for protests and redress hearings are compliant, and think the USOC hearing panel applied a standard that is inapplicable to field of play decisions.” US SAILING has until July 1, 2009 to demonstrate how it intends to fix the rules, and until September 1, 2009 to implement satisfactory corrections.

USOC decision: www.sailingscuttlebutt.com/news/09/0222
Farrah Hall’s statement: www.sailingscuttlebutt.com/news/09/0223a
US SAILING statement: http://linkbee.com/F7QX

Totally Stu

Sailing attracts characters. Maybe it’s the fresh air. However, some stand out in the crowd, and if you have sailed some of the popular small one designs in Southern California, you have likely met Stu Robertson. A former Marine, Stu is a no nonsense guy, and couldn’t care less if his clothes or attitude don’t blend well with the yachties.

My favorite Stu story comes from a regatta where we were tent camping, and me and my buddies were up a bit late, making a bit too much noise, enjoying a few too many adult cocktails, and doing it all a bit too close to Stu’s tent. Stu never said anything that night, but early next morning, I awoke to Stu slamming two enormous frying pans against each other, just inches above my head. Totally Stu.

Here is another Stu story from the Thistle Midwinters West, held Feb. 5-7, 2009 on the ocean in San Diego:

“Stu ripped his spinnaker in race one and needed a replacement. Even taking a high speed motor boat ride back to the club would take too long so Stu got creative. With his crew sailing his boat as close to the beach as they dared Stu dove out of his boat and swam through the waves to the beach. He walked 1/4 mile back to Mission Bay Yacht Club and then back to the beach with a replacement spinnaker under arm. He bought a boogie board from a surfer, laid the replacement spinnaker on the board and paddled through the surf back out to his teammates sailing patiently in and out of the waves. He missed one race but made the third race and sailed well enough to still finish 5th overall.” -- http://www.northsailsod.com/class/thistle/thistle_whatsnew.html#61

Ocean Planet dispute

Apparently everybody saw it. January 2006 at Key West Race Week. It was big news at the time, when Michael Kehew's heavily modified Kiwi 35 In Theory came to the regatta with high hopes but was sunk before the first gun. The owners of the modified Kiwi live in Rhode Island, where they prepped the boat for two years, painted it, put in a carbon mast, bought new sails, and had it trucked to Key West for the event. However, while docked prior to the event, In Theory was struck by another boat and sunk.

Three years later, Kehew is now in court. At the time, In Theory was docked at Key West when Bruce Schwab - a noted solo sailor - was trying to singlehand his Open 60 Ocean Planet away from the sea wall in rough weather (Schwab said his docklines had chafed through). Schwab collided with In Theory, but when his insurer refused to pay for the Kiwi 35, and with litigation required to occur in Florida, the situation languished. However, when Schwab started working and visiting RI, he established sufficient status under R.I. law and was served in November 2008.

Litigation has recently commenced in Newport, R.I. between Kehew and Schwab, but there are likely no winners in this case. The Kiwi 35 owners have already suffered a great loss. For Schwab, who assumed his insurance company had covered the claim, lost use of his boat and the anticipated earnings from the OceanPlanet Foundation’s fundraising/training sailing programs, resulting in him having to file for personal bankruptcy in 2007. The legal question appears to concern how Schwab’s insurance policy only covers liability in the case of negligence on the part of the insured, and not cases that involved acts of weather. The lawsuit is expected to take 2 years to resolve.

Fiduciary duty

Among the eighteen teams that have entered the 33rd America’s Cup (legal warning: this is the event that occurs if Alinghi wins in court), it is expected that at least half won’t find the funding to ultimately participate. However, everything begins with a first step, and with the Louis Vuitton Pacific Series, several teams took a second step by participating. They all remarked how much they learned, how enlightened they have become, and after getting eliminated, how eager they are to continue.

The LVPS was billed as the ‘Friendly Games’, as its intent was to get teams on the water and away from the bickering. Good vibes, Corinthian spirit, bring the event back to spectators… right? Or, is this a naive premise in this era of sponsorship and professional sailing? Can sailing have an All Star Game, where the event is to be fan friendly first, and competitive second? Based on how the Alinghi team is handling their business, the answer appears to be no.

All the entrants seemed to get it except for the most prominent team, the America’s Cup defender, the Swiss Alinghi team. Rewind the tape. The match between Alinghi and the Kiwis was to be a highlight of Round Robin 2, a rematch of the 32nd America’s Cup, but the Swiss sat out - a move they justified based on the oddities of the event rules. Not a popular move. Then when the Swiss made it to the Finals, they protested a section of the event rules they believed to be unfair. Not nice again, but no worries mate, they got their way both times.

As the Alinghi counsel Barry Ostrager stated during the February 10, 2009 hearing at the New York, Court of Appeals, the safeguard of a fair competition in the America’s Cup is the defender’s fiduciary duty. The Challenger of Record, whose job is to negotiate fair event rules with the defender, a heightened responsibility in a multi-challenger event, is in essence, Ostrager inferred, redundant. With how the Alinghi team is handling their business in Auckland, it does raise questions about their ability to fulfill the “defender’s fiduciary duty”. God help the future of the America’s Cup.

Kings of Iceboating speak

On January 29th, I blogged about how the 'Three Kings of Iceboating' would be at Strictly Sailing Chicago on January 31st. Based on their credentials, this is what was to be discussed:

• Buddy Melges: How to make an iceboat go fast like a rock star.
• Bill Mattison: How to build an iceboat like a rock star.
• Peter Harken: How to party like a rock star.

And here is what happened:

Innocence of a child

This week, the Curmudgeon’s Observations have provided daily reminders that this Saturday was Valentine’s Day. I know there are plenty of people that consider this day a “Hallmark Holiday”, designed to guilt us into spending money. They are probably right, but for me, I need an occasional nudge.

Here are the other quotes that we did not have time to use:

"Love is what makes you smile when you're tired." - Terri, age 4

"Love is when my mommy makes coffee for my daddy and she takes a sip before giving it to him, to make sure the taste is OK." - Danny, age 7

"Love is when you kiss all the time. Then when you get tired of kissing, you still want to be together and you talk more. My Mommy and Daddy are like that. They look gross when they kiss" - Emily, age 8

"My mommy loves me more than anybody. You don't see anyone else kissing me to sleep at night." - Clare, age 6

"Love is when Mommy sees Daddy smelly and sweaty and still says he is handsomer than Robert Redford." - Chris, age 7

"Love is when your puppy licks your face even after you left him alone all day." - Mary Ann, age 4

"I know my older sister loves me because she gives me all her old clothes and has to go out and buy new ones." - Lauren, age 4

Ice and snow sailing

There are so many offramps on the sailing superhighway. Here's one that combines speed, beauty and athleticism. Gotta give props when someone takes on the task of taking his game to the big show:

Local Newport, RI sailor William Tuthill of Jamestown is leaving Saturday, February 14th for Riga, Latvia to compete in the 2009 World Ice and Snow Sailing Association (WISSA) World Championships. The event is:

- The oldest international racing event in the history of windsurfing, – on water, ice, or land!
- The only international racing venue for wing sailors.
- The foremost racing venue for kites on ice & snow.

This year, Mr. Tuthill will be the only U.S. competitor amongst teams from a dozen countries. “I’ll do my best” said Tuthill as he carefully packed airframes, skis, and protective padding in preparation for departure. “This year is a hard ice surface and the event is in the Baltics, so the Poles, Latvians, Estonians, and Russians will be out in force. They are all really good, so I’ll be up against it,” said Tuthill.

This is the first year for the new Short Track Slalom discipline, which will be added to the regular course racing, speed and long distance races. The event features racing for 3 Classes:

- Open Class: any sled powered by a windsurfing rig where the rider is standing.
- Wing Class: all hand held sails and wings.
- Kite Class: all tethered sails.

This is the cutting edge in low friction sailing. It is a place where diverse ideas and cultures merge around a single topic- speed. To learn more view the following links:

http://www.wissa2009.org
http://www.wissa2008.ca
http://www.winterwindsurfing.co#19C13E
http:// www.wissa.org
http://www.windsports.net

Comfortable

Valentine's Day is February 14th.

America's Most Miserable Cities

Forbes magazine is known for their top ten lists, and this one takes some whacks at some of the better known U.S. cities:

Lousy weather, long commutes, rising unemployment and high sales tax. Welcome home. Misery was up around the country in 2008. Market meltdowns, bank blowups and bailouts and cratering home prices often overshadowed the incredibly positive stories of 2008 like the Beijing Summer Games and the historic election of Barack Obama.

The highly watched Misery Index spiked as the unemployment rate plus the inflation rate surged to 9.6 in 2008, up from 7.5 the previous year. It was the highest annual level since 1993. Our own Forbes Misery Measure saw a shuffling of the deck among the top 10 cities, with five new candidates getting a failing grade this year. -- Read on

Top Ten List
1. Stockton, CA
2. Memphis, TN
3. Chicago, IL
4. Cleveland, OH
5. Modesto, CA
6. Flint, MI
7. Detroit, MI
8. Buffalo, NY
9. Miami, FL
10. St. Louis, MO

Old plane

You know it's an old plane when they're still warning you not to smoke.

Trafalgar... updated

Admiral Nelson: "Order the signal, Hardy."

Captain Hardy: "Aye, aye sir."

Nelson: "Hold on, that's not what I dictated to Flags. What's the meaning of this?"

Hardy: "Sorry sir?"

Nelson (reading aloud): "'England expects every person to do his or her duty, regardless of race, gender, sexual orientation, religious persuasion or disability.' - What gobbledegook is this?"

Hardy: "Admiralty policy, I'm afraid, sir. We're an equal opportunities employer now. We had the devil's own job getting 'England' past the censors, lest it be considered racist."

Nelson: "Gadzooks, Hardy. Hand me my pipe and tobacco."

Hardy: "Sorry sir. All naval vessels have now been designated smoke-free working environments."

Nelson: "In that case, break open the rum ration. Let us splice the mainbrace to steel the men before battle."

Hardy: "The rum ration has been abolished, Admiral. Its part of the Government's policy on binge drinking."

Nelson: "Good heavens, Hardy. I suppose we'd better get on with it........... full speed ahead."

Hardy: "I think you'll find that there's a 4 knot speed limit in this stretch of water."

Nelson: "Damn it man! We are on the eve of the greatest sea battle in history. We must advance with all dispatch. Report from the crow's nest please."

Hardy: "That won't be possible, sir."

Nelson: "What?"

Hardy: "Health and Safety have closed the crow's nest, sir. No harness; and they said that rope ladders don't meet regulations. They won't let anyone up there until a proper scaffolding can be erected."

Nelson: "Then get me the ship's carpenter without delay, Hardy."

Hardy: "He's busy knocking up a wheelchair access to the foredeck Admiral."

Nelson: "Wheelchair access? I've never heard anything so absurd."

Hardy: "Health and safety again, sir. We have to provide a barrier-free environment for the differently abled."

Nelson: "Differently abled? I've only one arm and one eye and I refuse even to hear mention of the word. I didn't rise to the rank of admiral by playing the disability card."

Hardy: "Actually, sir, you did. The Royal Navy is under represented in the areas of visual impairment and limb deficiency."

Nelson: "Whatever next? Give me full sail. The salt spray beckons."

Hardy: "A couple of problems there too, sir. Health and safety won't let the crew up the rigging without hard hats. And they don't want anyone breathing in too much salt - haven't you seen the adverts?"

Nelson: "I've never heard such infamy. Break out the cannon and tell the men to stand by to engage the enemy."

Hardy: "The men are a bit worried about shooting at anyone, Admiral."

Nelson: "What? This is mutiny!"

Hardy: "It's not that, sir. It's just that they're afraid of being charged with murder if they actually kill anyone. There's a couple of legal-aid lawyers on board, watching everyone like hawks."

Nelson: "Then how are we to sink the Frenchies and the Spanish?"

Hardy: "Actually, sir, we're not."

Nelson: "We're not?"

Hardy: "No, sir. The French and the Spanish are our European partners now. According to the Common Fisheries Policy, we shouldn't even be in this stretch of water. We could get hit with a claim for compensation."

Nelson: "But you must hate a Frenchman as you hate the devil."

Hardy: "I wouldn't let the ship's diversity co-ordinator hear you saying that sir. You'll be up on disciplinary report."

Nelson: "You must consider every man an enemy, who speaks ill of your King."

Hardy: "Not any more, sir. We must be inclusive in this multicultural age. Now put on your Kevlar vest; it's the rules. It could save your life"

Nelson: "Don't tell me - health and safety. Whatever happened to rum, sodomy and the lash?"

Hardy: As I explained, sir, rum is off the menu! And there's a ban on corporal punishment."

Nelson: "What about sodomy?"

Hardy: "I believe that is now legal, sir."

Nelson: "Well, in that case....................come hither, Hardy, and kiss me, and bend over."

Sent to Scuttlebutt courtesy of Frank Betz.