MOTION WITHDRAWN

African Diaspora Maritime Corp. withdrew its motion for a preliminary injunction to stop the America’s Cup.

New York Supreme Court Judge Barbara Kapnick last week ordered the motion permanently withdrawn per an agreement reached between African Diaspora Maritime and the Golden Gate Yacht Club, according to court filings. Neither side had any comment. The order says neither side waives any of its rights to pursue other legal action.

African Diaspora Maritime had asked Kapnick to order a stop to Cup racing while the African American syndicate’s complaint — that the yacht club did not act in good faith in rejecting its application to race against Oracle Team USA for the right to defend the Cup — plays out in court.

Kapnick ruled against African Diaspora Maritime in January. The Appellate Division of the New York Supreme Court breathed new life into the 1-1/2-year-old allegations June 25 when it upheld Kapnick’s dismissal of two counts against the yacht club — breach of trust and breach of fiduciary duty by self-dealing — but said there was an enforceable contract between the yacht club and African Diaspora Maritime and enough grist for the lower court to consider whether the yacht club acted in bad faith in its review of African Diaspora Maritime’s application. That complaint remains active. Thanks to Trade Only.

 

This is an action filed by Charles Kithcart against the Golden Gate Yacht Club, which had disqualified him and his organization from participating in the America’s Cup. Rightly so, the African Diaspora maritime Corp. has no money no crew, no boat and little hope of producing any of the afore mentioned required things.

I can often side with the underdog; however not in this case. For one time I believe that the right decision was made  to disqualify the African Diaspora Maritime Corp.

 

LEAD BELLY

The details, if you haven’t seen them yet, are as follows:  When setting up the AC45s for the RedBull Youth AC, measurers discovered lead hidden inside the kingpost – the dolphin-striker-like post that extends downward from the forward beam – of the BAR boat.  Oracle did their own investigation and found that two of their boats were similarly modded.  The Jury protested the boats, and Oracle and BAR withdrew from the regattas in question.  Coutts says that management knew nothing about it, and while many one-design sailors will question the dodging of responsibility, there is a plausible explanation:  Murray raised the minimum weight on the AC45s a couple of times in response to the gradual fattening of boats due to repairs.  Teams were supposed to add weight in specific locations, and it seems that OTUSA’s boatbuilding team, possibly in conjunction with some of the sailing team, decided to put the weight in a position more advantageous to performance than inside the dotted lines they were given.

What really happened?  We may never know; what we do know is that heads are going to roll thanks to an ISAF Rule 69 hearing…stay tuned.

 

SAN FRANCISCO — After Italy’s Luna Rossa handily won its third race in the Louis Vuitton Cup semifinals Friday, skipper Max Sirena lashed out against Oracle Team USA, which is under investigation for hiding lead pellets in the boats it raced in the America’s Cup World Series last year.

“I’m not happy for my sport, not happy for the people watching us and especially because they are always the guys that are playing these games really clean and nice, but in reality they are always the guys that try to cheat,” Sirena said with a strong Italian accent after Friday’s decisive win over Sweden’s Artemis Racing. “I don’t even look at them anymore. I lost my — how do you say in English? — my respect. I lost my respect for

Team Luna Rossa Challenge (R) is skippered by Massimiliano Sirena against Team Artemis Racing (L) skippered by Iain Percy during race three of the Louis Vuitton Cup semi final on August 9, 2013 in San Francisco, California. The winner of the Louis Vuitton Cup goes on to race against Oracle Team USA in the America’s Cup Finals that start on September 7. Team Luna Rossa Challenge won the race. (Photo by Justin Sullivan/Getty Images)

them completely.”

 

The latest trouble to hit the America’s Cup is an embarrassing humiliation at the least for Oracle Team USA. The team has already forfeited its World Series trophies, but whether the team will be penalized by the international jury investigating the matter, or whether the America’s Cup next month will be affected, remains to be seen.

Russell Coutts, CEO of Oracle Team USA, acknowledged Friday that the infraction is “serious,” even though it occurred in 45-foot catamarans during four races in the ACWS last year.

The infraction was a “mistake” committed by unnamed workers without the knowledge of the team’s management or skippers, Coutts said. When the problem was brought to the team’s attention, the team immediately forfeited its titles.

“We don’t condone breaking the rules,” Coutts said. “We had a policy in place. That policy wasn’t followed.”

Coutts said this incident is nothing if not “stupidity,” because adding “lead shot” inside the front “king posts” didn’t help the overall performance of the boat.

“It’s pretty obvious it’s not designers that were involved,” he said. “If you had designer input, they would have told you not to do it. It’s actually going to make the boat go slightly slower.”

The extra weight was discovered by a boat builder preparing one of the AC45s for the Red Bull Youth America’s Cup next month. After America’s Cup measurement committee members inspected it, they concluded that “the modifications appear to be intentional efforts” to circumvent the class rules “and are therefore serious in nature.” The three AC45s in question were sailed by Oracle, as well as Ben Ainslie Racing.

Ainslie, an Olympic gold medalist who borrowed an Oracle boat to sail for Britain in the ACWS last summer, and Emirates Team New Zealand issued comments Friday.

“As skipper of the boat I had no knowledge whatsoever that the boat was being raced out of measurement,” Ainslie said in a statement. “I am deeply disappointed by this incident and will do all I can to assist the relevant parties in any further investigations.”

Grant Dalton, managing director of the New Zealand team, said he was “stunned” by the revelations.

“I find it difficult to believe that what we learned last night actually happened at the top level of our sport,” Dalton said.

The only team making light of the news was Iain Percy, skipper of Sweden’s Artemis Racing. He said he was so busy preparing for Friday’s race against Luna Rossa that he barely had a chance to focus on Oracle’s troubles, except to “have a chuckle, feel sorry for my mates across the way then get on with the race today.”

The revelations overshadowed Race 3 of the best-of-seven Louis Vuitton Cup semifinals between Luna Rossa and Artemis Racing. On Friday both teams sailed their best races, with each improving its tactics and speed. Luna Rossa had a perfect start, hydrofoiled well through its downwind turns and beat Artemis by 1 minute, 18 seconds.

The teams face each other at 1:15 p.m. Saturday. If the Italians win, the Swedes will be eliminated and Luna Rossa will advance to the Louis Vuitton finals against New Zealand.

WHAT HAPPENS TO SAN FRANCISCO?

By Therese Poletti, MarketWatch


Getty Images

Oracle Team USA passes the Golden Gate Bridge while training for September’s America’s Cup regatta on Aug. 7.

SAN FRANCISCO (MarketWatch) — In February 2010, a jubilant Larry Ellison and San Francisco Mayor Gavin Newsom stood together at City Hall to celebrate Ellison’s team winning the coveted America’s Cup, the oldest trophy in sailing.

Ellison, co-founder and chief executive of Oracle Corp. ORCL +0.24% ,  predicted — if he and his team were to pick San Francisco as host for the next America’s Cup — that the races would bring over $1 billion in revenue to the city, which was then still hurting from the Great Recession, about three times the economic windfall of the Super Bowl, which is coming to the Bay Area in 2016.

The current regatta, with three teams racing in the Louis Vuitton Cup, began in July with round robins, and continues with semifinals now until Aug. 30. The winner goes to the finals, which start Sept. 7, against the defending champion, Team Oracle USA. The final races could run until Sept. 21, if necessary. With so many months of sailing, the city would benefit from the visiting teams and spectators, with an estimated 2 million visitors spending money here on lodging, food, and sites.

In addition, the beauty of San Francisco Bay and its late afternoon high winds would lend itself to picture-perfect, made-for-TV races. The races of the huge colorful catamarans are taking place far closer to shore, as opposed to the America’s Cups of the past that typically take place in the ocean, far from most spectators.


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Italy’s Luna Rossa Challenge (L) and Sweden’s Artemis Racing (R) face off at the start of a semifinals match on Aug. 7.

But so far, the America’s Cup is shaping up to be less of an economic boon than predicted. What’s more, the cup has been a sporting disappointment, an event fraught with fighting, lawsuits, accidents and the tragic death of a well-regarded British sailor, Andrew ”Bart” Simpson in May, who was pinned under the Artemis Racing team’s capsized catamaran, during practice races.

From the beginning, the trials set the tone.On July 7 Emirates Team New Zealand sailed the course alone, and Italy’s Luna Rossa sat out in protest, while an international jury was deciding whether to enforce new safety rules imposed by the regatta director after the tragedy.

Leading up to the finals in September, the semifinals have begun this month and plenty of tickets are still available to watch from the various spectator venues, at different price ranges, from $35 up to tens of thousands for a yacht berth. Local media has had a field day, where the alternative paper, SFWeekly, has called it a “fiasco” and in February, city supervisor John Avalos told the paper that the city’s Board of Supervisors “were f-ing played,” by the America’s Cup organizing committee.

Billionaire’s bust?

What went wrong? Is this America’s Cup an example of too much money and too much technology? The races feature the fastest boats yet, with 72-foot-long hulls, and masts — some made of expensive carbon fiber — about 131 feet high, with the average price tag to build them about $100 million a boat.

These massive catamarans are also tech-laden, and at least in Oracle Team USA’s case, powered with specially designed software, a mesh network of sensors, on-board computers, GPS, and a WiFi network.

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One of the biggest issues most frequently cited in the ho-hum races so far, is the fact that there are only four teams, or syndicates.

“Historically, you would have expected more than 10,” said Sean Randolph, president and CEO of BayArea Council Economic Institute, which co-authored one of the big economic impact studies of the America’s Cup. “Ten to 12 would have been more of a normal size. You have fewer boats, and they are spending less.”

The four teams are all well-heeled and spent years getting sponsorship or are funded by billionaires like the defender Ellison. For example, Sweden’s Artemis Racing is chaired by Torbjörn Törnqvist, co-founder of the trading firm Gunvor Group.

 

“Timing was one factor,” Randolf said, adding that the economic recession came when many teams would have been starting to make plans to enter. “The other is that these are extremely expensive boats to build and operate, compared to the traditional model haul boats. The tech is exotic, they are fantastic, but they are very expensive to build, operate and maintain.”

Current estimates by the BayArea Council now predict that the America’s Cup teams, visiting tourists, spectators and other factors will bring about $900 million in revenue versus $1.4 billion previously forecast. But the city has to pay for police and transportation costs. A fundraising effort has already raised $16 million to help cover the city’s cost.

In 2011, Aaron Peskin, the former president of the city’s board of supervisors, sued the board of supervisors to pressure for an environmental review of the sites being used. A settlement was reached in 2012, and one result was that the city dropped its long-term leases of nine city piers to the America’s Cup organizers. Peskin also created a petition on Causes.com, asking for Ellison to cough up the funds the city would be need to cover police and transportation costs.

“The good news is that because no one is actually showing up, their costs are going down,” said Peskin, who lives on Telegraph Hill where he has a view of the festivities down at Pier 27. “This whole thing was predicated on somewhere between 12 and 15 teams from around the world.. It turned out to be three and Oracle, which is as exciting as watching paint dry.”

A few weeks ago, Avalos called up Peskin and asked him to go outside and see how many people were attending a race. “I went out there with some binoculars,” he said. “I said, ‘Do you want me to count them for you?’ There were maybe 100 people.”

Jane Sullivan, a spokeswoman for the city at the America’s Cup, said that as attendance projections have fallen to about 2 million visitors to the cup, versus 2.9 million previously, so have the city’s costs, originally estimated at $32 million. “We see the fundraising and the city’s costs getting very close together,” she said. In general, she said “we are very pleased that the city is filled with visitors.” She added that the city has done major improvements, just like many do getting ready for a big party, which will remain after the cup is over.

“The view of the city that is being beamed around the world, as an ad for San Francisco, you could not ask for anything better,” Sullivan said. “That is almost un-quantifiable.”

As the semifinals get started this month, economist Randolf and some of his researchers will interview visitors to get a sense of how much they are spending in the city, how long they are staying and other data.

“It’s still very much in play. I would sum it up we know the economic impact will be less than it was originally projected,” he said. Is the America’s Cup going to be a billionaire’s bust? “It’s too early to go there,” Randolph cautioned. “It’s quite correct to point to the things that haven’t gone as expected.”

That may turn out to be the understatement of the year, but it’s not over until the fastest boat wins.

GATHERING OF THE CLANS

America’s Cup sailing Hall of Fame inductees honored

America’s Cup sailing Hall of Fame inductees honored

By Evan Borders – KTVU.com

SAN FRANCISCO, Calif. —

Some 200-plus of the who’s who of the America’s Cup gathered at the De Young Museum at Golden Gate Park to honor this year’s inductees for the Cup Hall of Fame.

Established in 1992, the America’s Cup Hall of Fame celebrates and recognizes the achievements of individuals within the sport of sailing and in particular the America’s Cup competition.  On a regular basis, several personalities are identified by the Hall of Fame Selection Committee to be inducted.

The first person to be inducted this year is an American woman, Lucy Jewett, who has been active in the America’s Cup almost continuously since 1974. She is the second woman to enter the Hall of Fame.

The next of the three 2013 inductions is made posthumously to Australian Noel Robins, who was active over the period spanning 1977 through 1987 initially as a sailor and lastly as an organizer. The final inductee is fellow Australian Grant Simmer, who has won the America’s Cup three times over 30 years.

The black-tie affair hosted by Louis Vuitton was attended by members of the teams currently competing for the Louis Vuitton Cup as well as of America’s Cup Defender ORACLE TEAM USA. The semi-finals for the Louis Vuitton Cup, the Challenger Selection Series for the America’s Cup, begin August 6th on San Francisco Bay where Artemis Racing and Luna Rossa Challenge go head-to-head

 

The America’s Cup Hall of Fame for me is more about who is left out rather than who is included. Everyone who participates in the America’s Cup makes a contribution that moves the sport forward.

A prime example is Gerry Driscoll. His participation in the cup spanned several decades.  Never made it to the “final dance”, by that I mean he never was a defending skipper. His contributions were genuine and made the cup racing better, in the 12 meter era.

Ken Read, Gary Jobson and others are all in San Francisco as the Cup season gathers momentum.

NO BREACH OF RULES

There is no attention like attention.

Cruise Ride Not In Breach Of Rules

Published on August 1st, 2013 | by Slade

(August 1, 2013) – Team New Zealand will not be punished for this week’s joyride with Tom Cruise, America’s Cup organisers have confirmed.

Regatta director Iain Murray this week issued a notice reminding teams of the safety regulations and responsibilities when carrying guests on board following Team NZ’s highly successful publicity stunt involving the A-list actor.

Pictures of Cruise sailing aboard the high-powered AC72 at speeds over 40 knots were picked up by media organisations around the world, generating an unprecedented level of buzz for the event, which has been mired in controversy.

Guest racers were banned on the AC72s as part of safety revisions made following the death of Artemis crewman Andrew Simpson when the team’s boat capsized in May.

Cruise and his son Connor watched Team NZ’s win over Luna Rossa on Monday from the Kiwis’ hospitality boat before they were taken for a spin on the AC72, with both getting a turn on the helm. But even outside of the race times, there are strict rules that govern carrying guests on board the giant, but skittish, catamarans.

Hamish Ross, general counsel for America’s Cup race management, said Team New Zealand were not in breach of the safety regulations when they carried Cruise on board, but it was timely to remind competitors of their responsibilities under the US Coastguard special local regulation (SLR).

“Whilst the USCG Special Local Regulation (SLR) is in operation [competitors] must adhere at all times to the Safety Recommendations whether for racing or for training whilst sailing their AC72 yacht within the SLR area,” the notice read.

“To answer a query I have received: guest racers cannot be carried at any time aboard an AC72 yacht within the course area when the SLR is in effect, but may do so as soon as the SLR is lifted.”

Ross said America’s Cup race management did not receive any formal complaints concerning Team NZ’s publicity stunt.

 

– See more at: http://www.sailingscuttlebutt.com/2013/08/01/cruise-ride-not-in-breach-of-rules/#sthash.7VFtuydf.dpuf