America's Cup View- a win for the Auld Mug

by www.americascupview.blogspot.com on 5 Apr 2009 In a surprisingly simple opinion authored with astonishing clarity by Judge Ciparick (with Judges Graffeo, Read, Smith, Pigott and Jones concurring), the New York Court of Appeals today reinstated the decision by Justice Herman Cahn of the Supreme Court of New York to deny Club Náutico Español de Vela (CNEV) its status as Challenger of Record for America's Cup 33.

Judge Ciparick affirmed the status of Golden Gate Yacht Club (GGYC) as Challenger of Record, and urged GGYC and America's Cup defender and trust holder Société Nautique de Genève (SNG) to get their acts together, resolve differences, and move forward.

It was a victory for many things, among them: (1) truth, (2) honor, (3) tradition.

Of course, 'having' had its day, that dastardly canard.

But the Judges clearly and unequivocally understood that 'having' had its meaning in 'its regatta', and concluded that, on the day it mattered, CNEV did not have an annual regatta, 'its regatta', or any other regatta, for that matter, at any time in the past or present, and had -- at that time -- no plans for having a regatta of any kind, anywhere.

Now having is dead, thank God.

We sincerely hope that it is permanently dead, its corpse now lying sodden and bloated on the floor of an arm of the sea, somewhere, a stake hammered through its heart, soon to be sundered, rendering tasty morsels for feeding creatures.

Ultimately, 'its annual regatta' and its failure to have an annual regatta, or anything approaching anything that has to do with being an authentic, reputable yacht club that holds regattas, indicted CNEV as a sham, cobbled together in the aftermath of AC32.

But, frankly, that's not the beauty of today's decision.

As everyone on the planet knows, and the court agreed, CNEV failed to pass the plain-simple-square-knot determinations of Dear Dead George Schuyler's amazing Deed of Gift.

Far from being a quaint, ancient, goodwill gesture that can be parsed, corrupted and co-opted by anyone who thinks they can control it, Schuyler's handiwork passed yet another test.

If you want to adjudicate America's Cup, said the New York court, you'd better stay within the confines of the four corners of the deed. That's where the truth is.

Thus, the Cup won.

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