12:15 AM Fri 7 Aug 2009 GMT
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Golden Gate Yacht Club
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Golden Gate Yacht Club have responded to the venue announcement of Ras al-Khaimah, UAE, as the venue for the 33rd America's Cup, saying that in their view it does not comply with the decision of the New York Supreme Court.
They have restated their view that the Multihull match should be staged in Valencia, ESP or another venue, in the Northern hemisphere determined and agreed by mutual consent.
Additionally GGYC have pointed out that the race area chosen is not free of headlands as required by the Deed of Gift. This is in reference to the proximity of peninsulas and the Iranian coast just 50nm away.
In selecting the location, while quite adequate for normal yacht racing, may not comply with the literal reading of the 122year old Deed.
So far this literal reading, or 'within the Four Corners of the Deed test' has allowed 90ft x 90ft multihulls into the event, the exclusion of all other Challengers, use of engines on the yachts for the sheeting of sails, and strict enforcement of the rights of the Challenger to select the dates and the defender to chose the venue (subject to the constraints imposed by the Deed of Gift), and the ability of the Defender to set the rules for the event.
The phrase 'free of headlands' is especially relevant as the area selected by the Defender of the America's Cup, Societe Nautique de Geneve, is an sea largely free of ocean swell, since the Persian Gulf is almost landlocked.
Several times over the past few weeks SNG and their team Alinghi have focussed on safety issues surrounding the sailing of large multihulls, however the Challenger has been regularly sailing in an ocean course off San Diego in winds of up to 20kts and in large swells that are expected on an ocean course.
For their part Alinghi have constructed a lightweight multihull, which many observers believe would struggle in an ocean swell in a fresh breeze.
All of the world trans-oceanic speed record are held by multihulls, so there is no issue about speed or safety of the type, and no reason for the course to be held in secluded waters, which would seem to be contrary to the Deed of Gift. The document could be read as requiring one side of the course to be exposed to the open ocean and ocean swells, to ensure a degree of seaworthiness of the competitors.
Golden Gate YC has taken the initiative of requesting discussions on a mutually acceptable venue. The US club has also suggested that the parties act together to try to contain the severe damage being caused to the wider America's Cup through this match and the ensuing and constant litigation.
To this end Golden Gate YC have suggested that the parties work together to stop the litigation process continuing past February 2010, which would allow a multi challenger event to take place in July 2011. That date would give some certainty to the America's Cup teams sidelined by the current acrimony.
It has been confirmed that BMW Oracle will inspect the proposed regatta venue, having not been consulted in its selection.
The full text of the letter from Golden Gate Yacht Club is as follows:
August 6, 2009
Mr. Fred Meyer
Vice-Commodore
Chairman, SNG America's Cup Committee
Soci?t? Nautique de Gen?ve
Port Noir
CH-1223 Cologny
Switzerland
Dear Vice Commodore Meyer:
We are in receipt of your letter of August 5, 2009 concerning SNG's selection of the waters off Ras al-Khaimah, UAE as the location of the races for the 33rd America's Cup.
We once again advise you that it is our firm view that the selection of a Northern Hemisphere venue, other than Valencia, without our mutual consent contravenes the Deed and the Order and Judgment of the Court of Appeals. We have consistently maintained we would be more than happy to hold the event in Valencia and would be prepared to discuss other options.
Moreover, we believe your proposed venue is not Deed-compliant because it does not provide 'ocean courses, free from headlands.'
We therefore call upon you to suspend your venue announcement and either enter into discussions with us as to a mutually acceptable venue, or choose Valencia or a Southern Hemisphere venue which is Deed-compliant. For our part, we again agree to enter immediately into mutual consent discussions in good faith.
Furthermore, no matter which of us wins the match in February, this defect in venue selection would permit court challenges by any number of parties and further uncertainty respecting future America's Cup events. We should work together to resolve this and avoid future disputes over the bona fides of the eventual winner.
Sincerely,
GOLDEN GATE YACHT CLUB
Marcus Young
Commodore
by Richard Gladwell
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