Fay’s Lawyer Says Sail America’s Deal With ESPN Calls for Sept. 3 Start Date

Michael Fay’s New York lawyer suggested Thursday that the New Zealand merchant banker has rival Sail America over a barrel in the San Diego group’s plan to defend the America’s Cup with a catamaran.

George Tompkins Jr. said Sail America has a $3.5-million agreement with the ESPN cable TV network that calls for a best-of-seven series to start Sept. 3, Labor Day weekend. New Zealand seeks a Sept. 19 start date.

“ESPN has a cancellation clause if the races don’t take place that weekend,” Tompkins said. “And they have to be four out of seven.”

An ESPN spokesman could not confirm Tompkins’ information but said, “It makes sense that we would want those conditions.”

Sail America executives were not immediately available.

Both sides must agree to depart from the terms of the Cup’s Deed of Gift that calls for a best-of-three series, and by New Zealand’s count its 10-month notice of challenge plus the 7-week “tolling” period when the issue was in court marks the first race as Sept. 19.

That would be a direct conflict with the Seoul Olympics, which are Sept. 17-Oct. 2.

Tompkins indicated that the disagreement formed a basis for negotiation: date and series format against the use of a catamaran.