San Diego decides on appeal

Press, 3 December 1987, Page 60

San Diego decides on appeal

PA

San Diego

The City of San Diego announced yesterday it would file an independent appeal seeking to overturn the New York Supreme Court decision upholding a 1988 America’s Cup challenge from the New Zealander, Michael Fay.

The move comes just a day before the San Diego Yacht Club (S.D.Y.C) and its America's Cup manager, Sail America Foundation, are to announce what they will do about the challenge and court ruling.

Their decision could determine whether the challenge series will be raced next August or September in giant 90-foot yachts as wanted by Mr Fay, or get bogged down again in time-consuming and expensive legal duelling.

The S.D.Y.C. announcement is due, to clarify whether it will decide for a one-on-one defence against New Zealand, so thumbing its nose at other potential competitors from Britain, Australia, Japan and France, and if S.D.Y.C. wants to have the regatta in Hawaii or some other location with multihulled yachts. One possibility is a twopronged approach, a decision that incorporates both an appeal, which would give time to prepare a challenge boat, and details of how a 1988 series would be handled if legal avenues fall.

About the time San Diego civic authorities announced they would go for an appeal, Mr Fay was telling them it was time they got out and left it to the yacht clubs. As part of the war for the hearts and minds of the general public on the contentious yacht race, Mr Fay in Auckland took part in a long-distance radio talk-back show with

the prominent San Diego interviewer, Roger Hedgecock, a former mayor of the city. "Strictly speaking, the City of San Diego isn’t part of the America’s Cup," said Mr Fay, commenting on the prospect of a city legal appeal, and before he knew of the decision. "It’s a race between yacht clubs, international yacht clubs, governed by the rules of the competition in the deed of gift,” he said, referring to the century-old document, the authority of which was upheld by Judge Carmen Ciparick in New York last week. "I think that the court has really said that this is up to yacht clubs under the rules and perhaps not the place for politicians, cities, and people with political or financial interests.

“At the end of the day it’s a challenge from a country, New Zealand, from a yacht club to a yacht club in another country and I think if we can keep it inside those perimeters that might be best for the event,” said Mr Fay. The San Diego Mayor, Maureen O’Connor, announced the appeal move after a closed session of the council.

“The city council has unanimously authorised the city attorney to work with the New York law firm we have contracted with to intervene on the city’s behalf and appeal,” she said.

“The city is 100 per cent behind the regatta in

1991. And we are going to authorise a certain amount of money to be spent to protect the overriding public interest the city has in the event”

The City Attorney, John Witt, later said the amount authorised for legal fees was SUSSO,OOO. He said the basis of San Diego’s right to appeal was that it had a "vested public interest” in the America’s Cup.

He did not spell it out but civic leaders are known to be concerned they will lose a billion dollar economic boom if the races are held next year instead of 1991.

Mr Witt said an appeal, which would have to be lodged with the Appeals division of the New York State Supreme Court, could take from six months to 114 years, something which could severely disrupt plans for a challenge series in 1988. Meanwhile, the radio show gave Mr Fay a good hearing, Mr Hedgecock even siding with the New Zealanders. One local resident phoned in to accuse Mr Fay of “sour grapes” and said he was, through his challenge, just trying to get one over everybody else.

“That’s because you haven’t read the deed,” snapped back Mr Hedgecock, a former lawyer, to his caller. "If you read the deed you’d have a completely different opinion.”