New Zealand Wages Battle for Monohulls in Court

The America’s Cup currently is being sailed more by lawyers than sailors.

In the latest action, New Zealand’s Mercury Bay Boating Club has demanded that the San Diego Yacht Club defend in a monohull similar to New Zealand’s 90-foot-waterline boat, not in one of the catamarans being built.

If the San Diegans ignore the demand, Mercury Bay says, it will ask the New York Supreme Court, which rules on Cup disputes, to order a monohull defense.

Sail America, which is managing the defense and defending the Cup, is ignoring the demand and going full speed ahead with its multihulls.

Mercury Bay’s American lawyer, George L. Tompkins Jr., said from New York: “The way to bring that issue to the court to have it resolved is to initiate proceedings for the court to issue an order that Sail America show up on the starting line Sept. 19 with a 90-footer.

“We’re trying to get a ruling before the end of May or by mid-June.”

If the court agrees, Sail America--which, incidentally, has posted Sept. 3 for the first race--would default the Cup by failing to comply.

“We would then ask that the challengers get the Cup and offer to host a multinational event in New Zealand,” Tompkins said. “New Zealand would not be the defender. New Zealand would be one of the challengers.”

Judge Carmen Ciparick wrote in her ruling last November, upholding the New Zealand challenge, that “the challenger may determine the dimensions of the boat (singular),” and that “the challenger is given the right to designate the size or dimensions of its (editor’s italics) boat within the limits of the deed.”

And the deed says: “The challenged club shall not be required to name its representative vessel until . . . the start.”