NOVEMBER 1987 WHAT DOES THE WORLD REALLY WANT?
Malin Burnham, President of Sail America, "We have 25 signed affidavits to support our interpretation on racing in 12-Meters. The weight of the world is in our favor." Michael Fay, New Zealand Challenge, "There is a great deal of worldwide support for such a competition (J-Boats), and it's growing." Arthur J. Santry, Jr., Commodore New York Yacht Club, The San Diego Yacht Club's action is not in the best interest of the America's Cup and is inappropriate."So tell me. What does the world really want? More importantly, what will the world get? Brace yourself, the battle lines for the "Auld Mug" are being drawn, and you had better be careful on which side you choose.
Once again the America's Cup wars have returned to the shores of the Atlantic Ocean. Unfortunately, this time they're being waged on the floors of the New York Supreme Court.The litigation in New York began with Michael Fay's challenge for the Cup in 90 ft. waterline length boats, the maximum allowed under the Deed of Gift.
The San Diego Yacht Club refused his challenge, so Fay brought the matter to court. Fay is attempting to hold the SDYC responsible for administering the provisions of competition for the Cup under the terms of the original Deed of Gift. "We have taken the initiative, both to challenge in 1988 and to do so in a completely different class of boat that will restore some of the romance and grandeur to the event," said Fay, who was the syndicate head of the New Zealand Challenge in Perth and is representing the Mercury Bay Boating Club in this matter.
“We are dismayed and disappointed that Mr. Fay would elect to drag one of the world's premier sporting events into a court of law," states Malin Burnham, President of Sail America, and no stranger to Cup politics, having run Dennis Conner's last three campaigns.Sail America is manager of the SDYC's America's Cup Defense.
"I can assure Mr. Burnham and Sail America that this is a genuine and serious challenge, made in the best traditions of the America's Cup," says Fay, "and New Zealand will be pursuing it with full vigor.""Fay's action comes as no surprise," said Burnham. "It is merely further evidence of his determination to manipulate and control the terms of this matter to his own advantage."
THE DEED OF GIFT
The Mercury Bay Boating Club sent its challenge to the SDYC on July 15, 1987. Under the provisions set forth by the Deed, Fay gave the SDYC 10 months' notice, calling for races to be held on June 1, 3, & 7 of next year, off San Diego, in boats that will measure more than 135 feet in length.Unfortunately, the challenge came at an inopportune time for the SDYC, as they were struggling with Sail America just to hold the next Cup regatta in home waters.
These giants will be ultra-light "trapeze" J-Class boats, with crews of 40 men. The boat is under construction now at Martens Marine in Auckland, NZ, and will be christened on February 27, 1988.The SDYC has received three other challenges to date in J-Class yachts. They include Alan Bond from the Royal Perth YC, Peter de Savary, representing the Royal Burnham YC, and the YCof Cannes, France. Both Bond and de Savary have also challenged in 12 Meters.
To date, Sail America has received 20 challenges for 1991 in 12 Meters, and according to the affidavit filed on September 18th, half of those challengers have spent $7.7 million dollars on their 12Meter campaigns.
The center of this controversy is the Deed of Gift. The Deed is the constitution of the America's Cup. All matters relating to the Deed are subject to interpretation by the New York Supreme Court. The original Deed of Gift was written in 1857 by the surviving members of the America Syndicate and the NYYC, which had won the America's Cup in 1851 off the Isle of Wight in England. It was amended in 1887 by George Schuyler.
Two amendments have been added since then: in 1956 to allow for 12-Meters as the yacht of choice, and in 1984, to accommodate Perth, Australia, as trustee to the Cup.The storm revolves around a series of provisions, which are referred to as enabling resolutions.These unwritten by-laws to the Deed have gone unchallenged until now."If it were not for the NYYC in 1956 as acting trustee conceiving of ways to adapt the Deed to drastically changed times and circumstance, the America's Cup, would be a relic gathering dust,' states Burnham."Mr. Fay and his colleagues would have us forsake the living Deed of Gift at the very peak of its vitality and return instead to an obsolete match which bears no resemblance to the vigorous spirit of truly international competition so evident in Perth earlier this year!" states an emphatic Burnham."As trustee of the Cup, SDYC has a responsibility to protect the interests of all challengers," said Burnham.
"While we are unhappy to see Mr. Fay attempt to win in court what would be hard to win at sea, we are well-prepared to fight for the sake of the other challengers and for the future of the America's Cup.
ENTER NEW YORK YACHT CLUB
If one front in this war wasn't enough for the SDYC to wage, enter the NYYC, author of the Deed of Gift and trustee to the America's Cup for 132 years. The NYYC has gone to court to prevent SDYC's petition to amend the Deed, that would allow for the Cup to take place only every four years and then only in 12-Meters.The NYYC, which adamantly maintains that the Club takes no position in the suit between SDYC and Fay, and has stepped forth only to prevent, according to Commodore Arthur J. Santry, Jr., "each future trustee of the Cup from being able to dictate whatever terms for the challenge and defense of the Cup that seemed best to suit the interests of that trustee.
"There is a lot of misunderstanding in regards to the Deed of Gift," spoke Santry. "SDYC's actions are not in the interest of the Cup and is inappropriate." In response to the legality of Fay’s challenge, Santry said, 'I don't think there is any question about it."
"It's important to remember that the NYYC does not support New Zealand's challenge," said Tom Ehman, executive VP and chief operating officer of Sail America. Ehman was also the executive director for the NYYC's unsuccessful America II challenge. "They are only involved in the separate proceeding in which we have asked to amend the Deed of Gift," states Ehman. "They have remained neutral on the challenge."
IN THE BEGINNING
When the SDYC first responded to Fay's challenge with a blunt thanks, but no thanks, it then went about its own business: you know 'Rain, rain, go away, come again another day'. Well, it never rains in San Diego, except on the day when the SDYC and the City chose to make their announcement on the America's Cup.Well, on that day, what was to have been a landmark occasion for the City of San Diego, became instead the format in which to respond to Fay's challenge. On the previous day, Fay had sought and obtained a restraining order from the Court preventing the SDYC from discussing any plans that relate to the 1991 Cup.
The restraining order was lifted a week later, which basically meant that Sail America could proceed with their plans on paper, though no-one was rushing out to start pouring concrete. When Stars and Stripes won the America’s Cup earlier this year, Conner and Company had rolled through the New Zealand “plastic fantastic" to win the series 4 to 1 and earn the right to face Kookaburra 3 (which they trashed as well) for the America's Cup.
Kiwi Magic was the first fiberglass 12-Meter and had passed technical inspection. But Conner, who plays the psychology game as well as anyone, and is not one to mince words about enemy technology, commented that, "Why else would you build a fiberglass 12 Meter, unless you were going to cheat?"Well, New Zealand hadn't, but that was not the point, and Conner knew it. But Fay wasn't about to let dead dogs lie, and while everyone in San Diego was haggling about where to hold the Cup Defense, he was up late studying the Deed.
Also Russell Bowler, project manager for Kiwi Magic's fiberglass construction.Fay's challenge dictates that the races commence 10 months from the date of his challenge in accordance to the Deed, though the Judge has ruled the races would take place 10 months from her decree, if she rules in Fay's favor."What we are proposing won't be any easier than challenging in 12 Meters," said Fay. "New Zealand will again be the newcomer going against the Americans, who were invincible for more than 80 years when the Cup was raced in boats of the size we have nominated."
"New Zealand is interested in sailing, not in being in court; we're looking back to the old traditions of the America's Cup, and we have to be careful that the sport does not become overly commercialized.""We welcome the challenges from Australia and Great Britain, and we are prepared to sail againstthem," said Fay, "and any other challenge that arrives in San Diego in time. Just to get the boat ready and to San Diego in time will be a major feat."New Zealand, J-l has a construction crew of 30 people working around the clock to get her ready. David Barnes, who skippered Kiwi Magic to a World Championship in Sardinia last summer is part of the resource of the program, but no decision will be made on a skipper for some time to come. Though no one would comment publicly, there can be no doubt that the Stars and Stripes brain trust are plugging in numbers for a J-Boat design of their own.“SDYC and Sail America are confident we have the moral and legal high ground in this matter, and we hope and expect a favorable decision shortly, states Ehman.”We haven't even taken our gloves off yet," boasts Burnham.
THE BOAT
The boats that Fay proposes to sail in are maxi-sloops whose likes haven't been seen around the America's Cup course since the turn of the century. Fay, along with his partner, David Rich white, has assembled a design team awesome in scope to work on plans for this ultra-light "trapeze J-Boat".Head of the design team is Bruce Farr, one of the co-designers of Kiwi Magic, and one of the best maxi-boat architects in the world. UBS Switzerland, which captured the line honors in last year's Whitbread Around-the World Race, was a Farr design.
Joining Farr on the design team is Tom Schnackenberg, technical director of North Sails International. “Schnack” the man responsible for Australia 2's winning sails in 1983.San Diego is it!It is interesting that the announcement the San Diego Yacht Club wanted to make, and Southern California wanted to hear for so long was forced to take a backseat to· Michael Fay's lawsuit.
Barring unforeseen circumstances, San Diego, California will host the 27th Defense of the America's Cup in 1988 or 1991."We were prepared to announce San Diego as the venue on September 2nd", said Gerry Driscoll, chairman of San Diego s America's Cup Committee. "We held off because of a temporary restraining order issued by the New York Supreme Court."The announcement ended months of speculation that Honolulu, Hawaii would host the defense. After Fremantle's spectacular setting and heavy winds there was a great deal of support to race off the Hawaiian coast. But, in the end, SDYC received the community support it was looking for, and as the story goes, "There is no second place."
Plans call for the America's Cup course to be located 7 to 15 miles southwest of Point Lorna, past the notorious kelp beds which he along Coronado Roads. Light air is listed as prime enemy number one, but SDYC officials insist that during the planned months of competition, April through August - that the breezes average a robust 10-14 knots. That may be a bit overstated, but there is a consistent breeze between 12:00 noon and 5 p.m. in the afternoon. Consideration may haveto be given to raising the five hour time limit per race to 6 hours, or shortening the course.
One of the interesting features of the ocean off San Diego are the huge rolling swells, which could produce a lot of surfing 12-Meters or Trapeze J’s.
Friday, November 30, 2007
My Passion for the America's Cup
On my first trip to Newport, Rhode Island, it was nearly winter’s end and with spring’s early airs not quite in reach, I remember crossing over to the island on an eerily dark evening. The wind that night provided a mournfully howling, as it ripped through the metallic tapestry of the bridge, like the climatic roar of a majestic symphonic crescendo.
With the restless churning waters of the Atlantic Ocean below and as the lights illuminated the darkness of the night from above, you could almost imagine the specter of ghostly yachts of the past and present, sailing across those wisps of wind, while cutting through the waves, towards some mythical adventure at sea.
On that particular evening, while feasting on the chateaubriand at Christie’s Harbor Restaurant, I was struck by all the pictures on the wall about the America’s Cup races that had taken place in years past on Rhode Island Sound. Images of Sir Thomas Lipton, “The Wizard of Bristol”, Nathanial Herreschoff; the lordly Vanderbilts and Sopwiths on their mighty J-Class boats, Ranger and Endeavor; graced the mahogany paneled walls as a testament of their magnificence.
Amongst the assembled patrons that night, there was an air of excitement and anticipation of the races scheduled to be sailed, and even though it would be months before the racing commenced, the seeds were being sown for a passion of this sport, that has held sway over me henceforth.
That night we stayed and played out at the Inn on Castle Hill, and as the spring slowly gave way to summer, it played host to the many who would come out to watch those magnificent 12-Meter yachts sail by, while listening to the jazz bands, sipping cocktails and picnicking on the finely manicured lawns which rolled down to Narragansett Bay.
Castle Hill became our front row seats on many an America’s Cup afternoon. Between hanging out at the Candy Store or at Christies, for me, on that summer and beyond, the yearning turned to learning as I crisscrossed between Newport and San Francisco catching that action over the next several years at every opportunity.
Lay days were spent on the beach at Narragansett or over at Goosewing under the ‘Cape, catching the surf as it rolled through those turquoise waters past the beach blonde….…. sands, on its way inwards towards the “Providence Plantations” that encompassed the inland marshes.
Those were great years to be in Newport, filled with passion and drama.And even with their own ongoing “trial of the century”, starring Claus and Sunny von Bulow, great jazz shows, the wild and wooly Australians, plus charismatic skipper Ted Turner in town, though primarily concentrating on launching CNN, rather than his bombastic follies aboard Courageous
It is in that spirit that this work was created and much that was represented in Newport and later out in San Francisco becomes the tapestry of the heritage of the America’s Cup that has been interwoven into the fabric of my life.
With the restless churning waters of the Atlantic Ocean below and as the lights illuminated the darkness of the night from above, you could almost imagine the specter of ghostly yachts of the past and present, sailing across those wisps of wind, while cutting through the waves, towards some mythical adventure at sea.
On that particular evening, while feasting on the chateaubriand at Christie’s Harbor Restaurant, I was struck by all the pictures on the wall about the America’s Cup races that had taken place in years past on Rhode Island Sound. Images of Sir Thomas Lipton, “The Wizard of Bristol”, Nathanial Herreschoff; the lordly Vanderbilts and Sopwiths on their mighty J-Class boats, Ranger and Endeavor; graced the mahogany paneled walls as a testament of their magnificence.
Amongst the assembled patrons that night, there was an air of excitement and anticipation of the races scheduled to be sailed, and even though it would be months before the racing commenced, the seeds were being sown for a passion of this sport, that has held sway over me henceforth.
That night we stayed and played out at the Inn on Castle Hill, and as the spring slowly gave way to summer, it played host to the many who would come out to watch those magnificent 12-Meter yachts sail by, while listening to the jazz bands, sipping cocktails and picnicking on the finely manicured lawns which rolled down to Narragansett Bay.
Castle Hill became our front row seats on many an America’s Cup afternoon. Between hanging out at the Candy Store or at Christies, for me, on that summer and beyond, the yearning turned to learning as I crisscrossed between Newport and San Francisco catching that action over the next several years at every opportunity.
Lay days were spent on the beach at Narragansett or over at Goosewing under the ‘Cape, catching the surf as it rolled through those turquoise waters past the beach blonde….…. sands, on its way inwards towards the “Providence Plantations” that encompassed the inland marshes.
Those were great years to be in Newport, filled with passion and drama.And even with their own ongoing “trial of the century”, starring Claus and Sunny von Bulow, great jazz shows, the wild and wooly Australians, plus charismatic skipper Ted Turner in town, though primarily concentrating on launching CNN, rather than his bombastic follies aboard Courageous
It is in that spirit that this work was created and much that was represented in Newport and later out in San Francisco becomes the tapestry of the heritage of the America’s Cup that has been interwoven into the fabric of my life.
A Few Thoughts While We Wait for Judge Cahn
To be or not to be, that is the slippery slope that distinguished Judge Herman Cahn finds himself on as he presides over a legal dispute on one of the State of New York’s more charitable trusts; the America’s Cup. Judging from his demeanor, he seems in no mood to coddle.
For the matter at hand, it would seem abundantly clear that Nautico Club Espanol de Vela, (CNEV) is not a viable challenger of record (COR) and the New York Supreme Court will have no alternative but to rule that the Golden Gate Yacht Club (GGYC) is the first legally binding challenge for America’s Cup (AC 33). As with all cases before a court one point of view begets another.
The dispute stems from the protocol set forth by managers of the 33rd America’s Cup. For the first time in many years the challengers for the old trophy finds themselves without a set of rules that were crafted by a mutual consent with the defending yacht club. After defeating New Zealand in July, five races to two, the Societe Nautique de Geneva (SNG) from Geneva, Switzerland are the defenders.
Succinctly in its aggregation is that CNEV has not held a legitimate “annual” regatta, as required by the deed of gift. The Alinghi Syndicate, which represents the (SNG) should have at least contemplated defending the America’s Cup and set up a token challenger of record in some shape or form. Then run an “annual” regatta well in advance of this past year’s America’s Cup races. It doesn’t take much to get a regatta going; a few sailboats and couple of cases of beer, some rum….etc.
And speaking of trying to get a regatta going, it seems that SNEV is trying to grovel for boats for an upcoming regatta on November the 24/25th. They have petitioned members of the Club de Regatas Marina of Pobla de Farnais to “reschedule races to coincide with the regatta” organized by the CNEV. The CNEV are “encouraging members to participate” to enlarge the numbers of boats at the event.
BMW Oracle (GGYC) is marshaled by billionaire software mogul Larry Ellison. The team ghosted away in the semi-finals and initially, many saw their legal challenge as sour grapes. But, clearly from the onset, the new protocol was troublesome to say the least and downright wrong at most.
While the nautical design teams plot out the lines for a new generation of boats for the next event, where ever it may be, excitement is building about the new America’s Cup 90 Class Rule and regardless of the outcome of the legal proceedings the new AC90 rule should survive.
So, what made Alinghi King Ernesto Bertarelli think he had earned a mandate after defending, to try a power grab? Why kill a good thing? At what point does the (SNG) protect its interest as, not only the defender, but as the trustee of the America’s Cup, beholden to the bylaws established by the deed of gift? The ‘Cup does not belong to Bertarelli, Alinghi or to SNG. The yacht club is a mere caretaker, whose responsibility is to allow for competition as a perpetual challengers trophy.
The 32nd America’s Cup was one of the most exciting sport championships ever with Alinghi surviving the final race by one second. The city of Valencia may have forced the issue of selection early, by forcing Bertarelli to commit to returning the races back to Spain, adding an ambitious guarantee of 10 challengers. Finding 10 syndicates willing to fork over a combined billion dollars to sail for the “auld mug” would have been a stretch with or without the legal challenge.
Bertarelli’s vision seems short sided thinking he could fly the CNEV. Any newfound momentum with the hope of additional corporate sponsorship is gone. With a loss in the integrity of match, Louis Vuitton bailed after 30 years. The Formula 1 mafia coerced a competition moratorium of 5 weeks around its grand prix race date every August. From one “fixed” sport, now to another? NASCAR calling.
The difference is Bertarelli represents the (SNG) as the custodians of a trust and he is no Bernie Ecclestone. His (Ecclestone’s) corrupt sport has been propped up for the most part by the “merchants of death” (tobacco) for the last decade, as costs in Formula One racing have grotesquely spiraled out of control. It wouldn’t have taken a rocket scientist or billionaire, to see thru the transparency of this “sham” (COR). It’s ironic that empathy now lies with Ellison.
It would seem that a large part of Bertarelli’s paranoia stems from what happened during Race 3 of the America’s Cup finals and to some extent, the last leg of Race 7. In choosing Valencia, Spain as the home waters to defend the ‘Cup the (SNG) felt the strength of the ancient Mediterranean port city would be a consistent wind radius of 12-16 knots. But, the wind was anything but consistent off Valencia.
In fact what at first was a nautical nightmare of no wind turned out to be the ecstasy of unpredictability. The late afternoon wind shifts were extreme and it must have driven designer’s nuts, because it became the great equalizer as sailors were forced to race by the seat of their pants.
The racing between Emerates Team New Zealand and Alinghi was exhilarating. Each match could have gone either way and while trying to measure the designers technological progress of madness, into the proliferation of milliseconds, to the advantages of the “turbocharged” Version 5’s, was like squeezing blood from a trillion pennies. Maybe the designers are bored, but we weren’t. The crews decided this one!
Race day strategy turned on having to hoist the navigators up to the top of a 130 ft. carbon fiber pin of a mast, to look for the breezes and shifts leaving the tacticians with either too little or to much information to process. Hence the emphasis of Bertarelli’s impassioned defense driven protocol, which I am sure he drew up on the way in to port at the conclusion of Race 3.
“It’s not offshore racing where you just have to see whether the wind decides the regatta. I don’t think the wind should decide the regatta, said Bertarelli. ‘The competitors (ie: designers) should decide it on their ability.”
Huh? “I didn’t come to the America’s Cup to do this type of racing,” Bertarelli says. Wind shifts, as with race delays are as part of sailing as are windy, rainy games on the football field. Like Fremantle, Western Australia’s notorious “Docktor”; or San Francisco Bay’s ebb tide, its called home field advantage, but since SNG chose Valencia, whose to blame?
Speaking of sham. The term, a noun, appeared in language brought forth by the Golden Gate Yacht Club’s court transcripts regarding CNEV’s status as a bona vide yacht club. Sham appears in the newly revised American Heritage Dictionary on page 641.
The definition goes as follows; something false or empty purporting to be genuine. Two words down is shambles, defined as; a scene or condition of complete disorder or ruin. This is what the short sidedness of 33rd America’s Cup has been left in.
With all the thought, preparation and legal maneuvering that has gone into the actual notices of race and the apparent neutral documentation of the new AC 90 class yacht, it boggles the mind on how the declaration of the CNEV as challenger of record could have been so poorly thought out.
Obviously Lucien Masmejan (Bertarelli’s lawyer) wasn’t the extra person on board for Race 3.
Here are 5 points that should bring the warring sides together.
1] Agree that the AC90 is a worthy successor to the ACC Version 5 yacht. 2] That Alinghi should not be allowed to participate in the challenger series. If SNG Is concerned about preparing for a defense, hold trials, or try something radical; a European Defense. 3] Allow the challengers to form their own commission to “mutually agree” with the defender on terms. CNEV should be vanquished.4] Allow syndicates to build 2 of the new AC 90 boats, but institute a “salary cap” to keep costs in control. Allow two boats (from the same mold) to be built. 5] Bring in an international jury to arbitrate disputes.
Back to the American Heritage page 641, further down the same page is shamrock, which should serve to remind everyone on a truly admirable, challenger and competitor, Sir Thomas Lipton. In parting, thank you to all the lawyers and deposed witnesses for all the great reading, but more importantly I am looking forward to “breakfast in Valencia” again, ASAP. Even in giant 90 ft. tri-marans! Bring on the “radio boys”. Sayonara.
Mark Wharton Reid
For the matter at hand, it would seem abundantly clear that Nautico Club Espanol de Vela, (CNEV) is not a viable challenger of record (COR) and the New York Supreme Court will have no alternative but to rule that the Golden Gate Yacht Club (GGYC) is the first legally binding challenge for America’s Cup (AC 33). As with all cases before a court one point of view begets another.
The dispute stems from the protocol set forth by managers of the 33rd America’s Cup. For the first time in many years the challengers for the old trophy finds themselves without a set of rules that were crafted by a mutual consent with the defending yacht club. After defeating New Zealand in July, five races to two, the Societe Nautique de Geneva (SNG) from Geneva, Switzerland are the defenders.
Succinctly in its aggregation is that CNEV has not held a legitimate “annual” regatta, as required by the deed of gift. The Alinghi Syndicate, which represents the (SNG) should have at least contemplated defending the America’s Cup and set up a token challenger of record in some shape or form. Then run an “annual” regatta well in advance of this past year’s America’s Cup races. It doesn’t take much to get a regatta going; a few sailboats and couple of cases of beer, some rum….etc.
And speaking of trying to get a regatta going, it seems that SNEV is trying to grovel for boats for an upcoming regatta on November the 24/25th. They have petitioned members of the Club de Regatas Marina of Pobla de Farnais to “reschedule races to coincide with the regatta” organized by the CNEV. The CNEV are “encouraging members to participate” to enlarge the numbers of boats at the event.
BMW Oracle (GGYC) is marshaled by billionaire software mogul Larry Ellison. The team ghosted away in the semi-finals and initially, many saw their legal challenge as sour grapes. But, clearly from the onset, the new protocol was troublesome to say the least and downright wrong at most.
While the nautical design teams plot out the lines for a new generation of boats for the next event, where ever it may be, excitement is building about the new America’s Cup 90 Class Rule and regardless of the outcome of the legal proceedings the new AC90 rule should survive.
So, what made Alinghi King Ernesto Bertarelli think he had earned a mandate after defending, to try a power grab? Why kill a good thing? At what point does the (SNG) protect its interest as, not only the defender, but as the trustee of the America’s Cup, beholden to the bylaws established by the deed of gift? The ‘Cup does not belong to Bertarelli, Alinghi or to SNG. The yacht club is a mere caretaker, whose responsibility is to allow for competition as a perpetual challengers trophy.
The 32nd America’s Cup was one of the most exciting sport championships ever with Alinghi surviving the final race by one second. The city of Valencia may have forced the issue of selection early, by forcing Bertarelli to commit to returning the races back to Spain, adding an ambitious guarantee of 10 challengers. Finding 10 syndicates willing to fork over a combined billion dollars to sail for the “auld mug” would have been a stretch with or without the legal challenge.
Bertarelli’s vision seems short sided thinking he could fly the CNEV. Any newfound momentum with the hope of additional corporate sponsorship is gone. With a loss in the integrity of match, Louis Vuitton bailed after 30 years. The Formula 1 mafia coerced a competition moratorium of 5 weeks around its grand prix race date every August. From one “fixed” sport, now to another? NASCAR calling.
The difference is Bertarelli represents the (SNG) as the custodians of a trust and he is no Bernie Ecclestone. His (Ecclestone’s) corrupt sport has been propped up for the most part by the “merchants of death” (tobacco) for the last decade, as costs in Formula One racing have grotesquely spiraled out of control. It wouldn’t have taken a rocket scientist or billionaire, to see thru the transparency of this “sham” (COR). It’s ironic that empathy now lies with Ellison.
It would seem that a large part of Bertarelli’s paranoia stems from what happened during Race 3 of the America’s Cup finals and to some extent, the last leg of Race 7. In choosing Valencia, Spain as the home waters to defend the ‘Cup the (SNG) felt the strength of the ancient Mediterranean port city would be a consistent wind radius of 12-16 knots. But, the wind was anything but consistent off Valencia.
In fact what at first was a nautical nightmare of no wind turned out to be the ecstasy of unpredictability. The late afternoon wind shifts were extreme and it must have driven designer’s nuts, because it became the great equalizer as sailors were forced to race by the seat of their pants.
The racing between Emerates Team New Zealand and Alinghi was exhilarating. Each match could have gone either way and while trying to measure the designers technological progress of madness, into the proliferation of milliseconds, to the advantages of the “turbocharged” Version 5’s, was like squeezing blood from a trillion pennies. Maybe the designers are bored, but we weren’t. The crews decided this one!
Race day strategy turned on having to hoist the navigators up to the top of a 130 ft. carbon fiber pin of a mast, to look for the breezes and shifts leaving the tacticians with either too little or to much information to process. Hence the emphasis of Bertarelli’s impassioned defense driven protocol, which I am sure he drew up on the way in to port at the conclusion of Race 3.
“It’s not offshore racing where you just have to see whether the wind decides the regatta. I don’t think the wind should decide the regatta, said Bertarelli. ‘The competitors (ie: designers) should decide it on their ability.”
Huh? “I didn’t come to the America’s Cup to do this type of racing,” Bertarelli says. Wind shifts, as with race delays are as part of sailing as are windy, rainy games on the football field. Like Fremantle, Western Australia’s notorious “Docktor”; or San Francisco Bay’s ebb tide, its called home field advantage, but since SNG chose Valencia, whose to blame?
Speaking of sham. The term, a noun, appeared in language brought forth by the Golden Gate Yacht Club’s court transcripts regarding CNEV’s status as a bona vide yacht club. Sham appears in the newly revised American Heritage Dictionary on page 641.
The definition goes as follows; something false or empty purporting to be genuine. Two words down is shambles, defined as; a scene or condition of complete disorder or ruin. This is what the short sidedness of 33rd America’s Cup has been left in.
With all the thought, preparation and legal maneuvering that has gone into the actual notices of race and the apparent neutral documentation of the new AC 90 class yacht, it boggles the mind on how the declaration of the CNEV as challenger of record could have been so poorly thought out.
Obviously Lucien Masmejan (Bertarelli’s lawyer) wasn’t the extra person on board for Race 3.
Here are 5 points that should bring the warring sides together.
1] Agree that the AC90 is a worthy successor to the ACC Version 5 yacht. 2] That Alinghi should not be allowed to participate in the challenger series. If SNG Is concerned about preparing for a defense, hold trials, or try something radical; a European Defense. 3] Allow the challengers to form their own commission to “mutually agree” with the defender on terms. CNEV should be vanquished.4] Allow syndicates to build 2 of the new AC 90 boats, but institute a “salary cap” to keep costs in control. Allow two boats (from the same mold) to be built. 5] Bring in an international jury to arbitrate disputes.
Back to the American Heritage page 641, further down the same page is shamrock, which should serve to remind everyone on a truly admirable, challenger and competitor, Sir Thomas Lipton. In parting, thank you to all the lawyers and deposed witnesses for all the great reading, but more importantly I am looking forward to “breakfast in Valencia” again, ASAP. Even in giant 90 ft. tri-marans! Bring on the “radio boys”. Sayonara.
Mark Wharton Reid
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