Legal complaint to restore America’s Cup

Since John Sweeney fired his warning shot about how the current holder of the America’s Cup was running the event in material violation of the Deed of Gift, he is now walking the walk:

On February 12, 2026, I filed a formal legal complaint with the New York Attorney General’s Charities Bureau regarding serious violations of the America’s Cup Deed of Gift, a permanent New York charitable trust.

The America’s Cup is unique: no private lawsuit may be filed, and no core rules of the Deed may be altered, without the written approval of the New York Attorney General. The AG has several options under New York charitable trust law: he can act on his own without court involvement, use my filing to launch his own investigation, join my action as a second party, or choose to take no action.

Royal New Zealand Yacht Squadron (RNZYS) , as current trustee, has never obtained AG or court approval for fundamental changes to the Deed — changes that cannot be made by “mutual consent.”

These include eliminating required measurement certificates, replacing human sail power with battery packs and flight controls, and allowing foiling boats that cannot comply with the Deed’s load water-line, beam, and draught requirements. Most critically, the America’s Cup Partnership (ACP) has replaced yacht-club governance with for-profit corporations that bind all future Cup winners to sail under RNZYS rules forever.

This is not legal, and it is not going to fly.

To correct course and return the America’s Cup to its original national, club-based spirit, I have commissioned renowned naval architect Julian Everitt to create a fully Deed-compliant 90ft Waterline Monohull Class. This new open rule restores:

• True 90 waterline monohull yachts with 30 sailors
• Strict nationality requirements (yachts, equipment, and sailors from the representing country)
• Genuine design innovation under an open rule
• Full compliance with the Deed’s load water-line, beam, draught, and sails-only requirements and certification

The Cup belongs to the nations, the clubs, and the sailors — not to a commercial consortium. New York law will protect it.

I intend to make sure the next America’s Cup is held in true Deed-compliant sailing yachts, powered by humans and not by foiling run in the Nation that won it.

Details: https://www.americascup.com/

Defender New Zealand and Challenger of Record from Great Britain confirmed the Protocol for the 38th America’s Cup on August 12, 2025. The close of the initial entry period was October 31, 2025, with late entries considered up to March 31, 2026. If no USA team participates in the 38th America’s Cup, it will be the first time in the event’s 175-year history.

Current entrants:
• Emirates Team New Zealand (NZL) – Defender
• Athena Racing (GBR) – Challenger of Record
• Luna Rossa (ITA) – Challenger
• Tudor Team Alinghi (SUI) – Challenger
• K-Challenge (FRA) – Challenger

After the 2024 event, Barcelona, Spain declined hosting another edition, with the venue moved to Naples, Italy. Challenger racing begins in the spring before the 38th Match on July 10-18, 2027.

Preliminary Regattas:*
May 21-24 – Cagliari, Sardinia

* More to be announced.