Court Ruling Called ‘Disgrace’ : Fay Plans to Seek America’s Cup Appeal

New Zealand syndicate Chairman Michael Fay said today that he will attempt to appeal a New York court decision allowing the San Diego Yacht Club to retain the America’s Cup.

Under New York law, either the Appellate Division or the Court of Appeals, the state’s highest court, must give Fay permission to appeal. George Tompkins Jr., Fay’s lawyer, said the Court of Appeals accepts about 10% of the cases it is asked to hear. Fay has 30 days in which to ask for permission to appeal.

“We have always expected this dispute would go all the way to the final court,” Fay said. “Mercury Bay is committed to seeing it through and we are going to win.”

‘A Disgrace’

Fay described the court decision as “a disgrace.”

He said the Mercury Bay Boating Club’s appeal, the final step in the legal process, should be completed within four months and should not interfere with plans to race the next America’s Cup in 1992.

In a 4-1 decision Tuesday, the Appellate Division of the New York State Supreme Court declared San Diego the winner of last year’s regatta, reversing a lower court verdict that disqualified the U.S. defender and awarded the America’s Cup to New Zealand.

Fay said the decision made a mockery of the idea of sportsmanship.

“The idea that a competitor can fix a contest to win makes a nonsense of any sport. It is wrong, plain and simple,” Fay said.

Justice Bentley Kassal’s dissenting opinion maintained that last year’s cup races were “manifestly unfair in every sense” because the United States raced a catamaran against New Zealand’s monohull.

Fay said the appeals court was sharply divided on fundamental issues. “If this ruling is not overturned, sportsmanship and the cup are out the window,” he said.

Even while the New Zealanders were losing 2-0, they maintained that the contest was invalid, as the Deed of Gift governing the 138-year-old contest called for the defender to enter a boat that was similar to the challenger’s.

“Mercury Bay’s challenge was right; San Diego’s defense was wrong,” Fay said.