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SCUTTLEBUTT 2428 - September 10, 2007

Scuttlebutt is a digest of major sailing news, commentary, opinions,
features and dock talk . . . with a North American focus. Scuttlebutt is
distributed each weekday with the support of its sponsors.

ARBITRATION PANEL VALIDATES SPANISH CHALLENGE
An arbitration panel validated Desafio Espanol's position as official
challenger to Alinghi for the next America's Cup. The three-member panel
ruled that Societe Nautique de Geneve, the home club of the Swiss champions,
was right to accept the challenge of the Club Nautica Espanol de Vela.
Golden Gate Yacht Club, the home of BMW Oracle Racing, sued the SNG in July,
claiming CNEV was an "invalid challenger" and that the Swiss yacht club was
"engaging in self-dealing" by accepting the Spanish challenge.

The American syndicate, owned by billionaire Larry Ellison, was seeking to
replace Desafio Espanol as the official challenger for the next regatta and
void already agreed rule changes to the size of the boats."This is a very
important milestone as ... (it) gives us further confidence to continue our
plans and work on organizing the 33rd America's Cup campaign both in 2008
and 2009," America's Cup Management chief executive Michel Hodara said. ACM,
which was set up by Alinghi to run the event, appointed the panel. It's
three members worked on jury and arbitration panels at previous America's
Cups.

BMW Oracle Racing had no immediate comment about the decision. Spokeswoman
Jane Eagleson said the syndicate stood by Golden Gate's reply made July 27
to the news that the arbitration court was being set up. In an open letter
to arbitration chairman Henry Peter, GGYC called the process a "kangaroo
court" that "lacks jurisdiction" and will only serve to "further damage the
sport of yachting." -- International Herald Tribune, full story:
http://tinyurl.com/37wmth

=> Jane Eagleson, BMW Oracle Racing spokesperson, comments on the
arbitration panel’s findings, “On Monday, September 10, 2007, the NY court
hears our motion to expedite the lawsuit. If the NY court rules that the
Spanish CNEV challenge is invalid under the requirements of the Deed of
Gift, then the Protocol is void and the arbitration panel formed by the
Protocol is also void. It is curious that SNG's appointed arbitrators would
announce but not publish their decision just before the first hearing in the
NY action.” The hearing on Monday is at 2pm.

=> ACM, event authority for the 33rd America’s Cup, named Tom Schnackenberg
as the class rule and competition regulations consultant for the design
consultation period due to start on 15 September with Alinghi and the
current group of challengers. This is the process that will create the
design rule for the 90-foot class to be used, and Schnackenberg’s role is to
ensure that all views are taken into consideration during this design
period. The new rule is slated to be released October 31, 2007. -- Full
announcement: http://33rd.americascup.com/en/index.php?idContent=13&idPage=1

A PERPETUAL CUP FOR COMPETITION BETWEEN LAWYERS
(In Issue 2427, New York attorney Cory E. Friedman looked at the details of
the Golden Gate YC (GGYC) case and the background of the America’s Cup
lawsuit that will be heard on Monday by the New York Supreme Court. Here’s
Part Two of his exclusive report, where he reviews the submission of Alinghi
’s club, SNG.)

Ernesto Bertarelli recently announced that "It is not possible that we will
lose. We have the best lawyers." Nevertheless, having commented upon GGYC’s
papers, I have taken a look at SNG’s as well, in case any reader does not
share his confidence.

SNG’s papers take a different approach than GGYC’s. SNG’s depend more on
legal arguments and, except on the issue of Spanish team CNEV’s
qualifications, contain few controversial, relevant facts. Hamish Ross,
Alinghi General Counsel, gives a general history of the Cup, the
participants in SNG’s proposed 33rd, CNEV’s alleged qualifications and
details of the previous new or paper clubs that participated. As the
previous new and/or paper clubs participated pursuant to the consent
provision of the Deed, and did so long after George L. Schuyler’s death,
they are irrelevant. Ross also raises the issue of the International Jury’s
determination on the 31st Cup that SNG could compete despite not running an
annual regatta on an arm of the sea, but again, in that case there was no
allegation of partiality. Finally Ross argues that SNG cannot at this time
specify a venue, has no “off the shelf” rules, needs time to “analyze,
assess and decide” which ISAF Rules will apply and may be financially harmed
by the “cloud” of a preliminary injunction. -- Read on:
http://www.sailingscuttlebutt.com/news/07/0909

HOT SHOWERS + ICE CREAM + NEW DOYLE SAILS = 20 BULLETS
How do you turbocharge a boat that has three staterooms, three heads with
hot showers, ice cream in the freezer, and has spent the last twelve years
in bareboat charter? For Christopher Lloyd and Three Harkoms, his Beneteau
Oceanis 440, the answer was a new rig, new keel, and new Doyle sails. Three
Harkoms has been dominating the Performance Cruising class in the
Caribbean - in six major regattas, Lloyd has notched up 20 victories,
winning the CSA Traveller's Cup in 2006 and holding the lead in 2007. Ready
to turbo your charger? Contact us at 1-800-94-DOYLE or online:
http://www.doylesails.com

MAXI YACHT ROLEX CUP
Representing 11 countries, racing for the 38 yachts competing in 18th
edition of the Maxi Yacht Rolex Cup ended in triumph for some and
disappointment for others as the final day on Saturday played out and racing
came to a conclusion. In the Racing Division, the 87-foot Morning Glory
decided to take matters in their own hand, and aggressively matched up with
their closest opponent, the 60-foot Loki. Morning Glory’s tactician Morgan
Larson explained, "We had two strategies today based upon the windspeed. We
knew if the wind was in the upper range that we would have a great chance to
beat the Loki in the race and if it was lighter they had a good chance to
beat us. We did some work last night with the results and realized that
their throw-out was worse than ours so we just had to make sure that they
had a bad race." And that they did, stalking their opponent at the windward
mark with a ruthlessness that suggested plainly that the Goliath in this
contest was not to be denied by the David.
-- Final day report: http://tinyurl.com/2ujsyu
-- Complete results: http://www.yccsmaxi.com/results07/results1.htm

TOUR DE QINGWOW
Top ranked American boardsailor Ben Barger, regarding his experience at the
recently completed Olympic test event, “My second time in Qingdao, China,
and it's getting no easier. I've been windsurfing for over 13 years, eight
of them competitively, and each year the bar keeps on being raised. This
year’s Olympic test event was no exception. It was the most organized I've
seen the US Olympic Sailing committee with the pre-olympics, and the
windsurfing team even had our first funded coach. We did a one-week training
camp beforehand, and then 6 races and a medal race, which is the shortest
regatta I have had at a major championship in over 5 years. As already
noted, there is no wind in the self titled, "Sailing City" and this adds to
the already physical demands of no Rule 42 pumping in windsurfing.

“This year’s winner clearly peaked physically only for this event, and
second place lives there and trains there full time (Chinese). Different
than just sailing tactics and technique, fitness and power don't really peak
more than once a season for more than a month. Windsurfing in this
environment should be more called, Tour de Qingwow, with consecutive tough
light air days followed by one breezy one. Speed differences this year were
smaller than last years, but the technique and pumping styles all improved
from last years, with competitors now training in 3 knots and swell. Not
exactly glorious training, but with Olympic Gold at stake, it's just crazy
how much training athletes will go do. Six days a week, 4 hours a day, 300+
days a year.” -- http://www.benbarger.com

IT’S NOT OVER UNTIL IT’S OVER
Proving that a little thing like freezing temperatures can’t divert the
enthusiasm for junior sailing, the First Annual Ice Opti North American
Championship is being planned for December 1-2, 2007. The event is open to
sailors 16 and under, and is being held in conjunction with the annual
Western Challenge Cup, which will seek out the best available ice in the
Western Region to host the racing (which likely won’t be too far west, so no
need to pack the board shorts). An Ice Optimist is the ice sailing version
of the Optimist dinghy. It uses the Optimist mast, boom sprit, sail plan and
sheets, with additional sidestays and forestay on the mast. The hull is
streamlined in shape with a supporting cross plank underneath and 3 metal
runners for contact with the ice.
-- Ice Opti info: http://www.icesailing.org/junior/index.html
-- Event info: http://tinyurl.com/3yj5xz

CALENDAR OF MAJOR EVENTS (Sponsored by West Marine)
Events listed at http://www.sailingscuttlebutt.com/calendar

SAILING SHORTS
* In sailboat racing there are two degrees of quickness: there's fast and
then there's blazing fast. Ask Stephen Tedeschi where his J/109 team fell in
that range at this weekend's Sperry Top-Sider NOOD Regatta in Larchmont and
I guarantee he have no qualms confessing that his Tastes Like Chicken is
plenty fast: fast enough, that is, to earn the regatta's overall trophy and
a trip to the British Virgin Islands for the Caribbean NOOD Championship in
November. Eighty-one boats competed in eight classes. -- Sailing World, full
report: http://tinyurl.com/2q2a9t

* Detroit, Mich. (September 9, 2007) -- Competition at the U.S. Women's
Match Racing Championship, hosted September 5-9 at Bayview Yacht Club
(Detroit, Mich.), came down to a photo finish in the Final round that was so
close that spectators and even skippers Liz Baylis (San Rafael, Calif.) and
Katy Pilley-Lovell (New Orleans, La.) were not certain who the victor was
until the race committee signaled. As both skippers crossed at opposite ends
of the finish line today, Baylis - racing with Cory Sertl (Rochester, N.Y.)
and Susanne Leech (Simsbury, Conn.) - got the nod, becoming a two-time
winner of the event. -- Full report: http://tinyurl.com/2qvg5u

* (September 9, 2007) The search for Steve Fossett is on its seventh day
since he was reported missing from a half-day flight that he had taken on
his Citabria Super Decathlon. In addition to the CAP's multi-aircraft
operations from Minden-Tahoe airport, Fossett staff pilot and search
coordinator Mark Marshall (with 12 aircraft flying on Sunday from the Flying
M Ranch 80 miles southeast of Reno) advised that they are following up
sighting reports which may indicate that his light aircraft was within a
20-30 mile radius of the Flying M when it went down on Monday - and their
efforts are focusing on that area. -- http://www.stevefossett.com

WHAT ARE YOU LOOKING FOR?
Is it the ultimate race tender? Perhaps a coach boat for your club’s junior
sailing program? Possibly a new mark boat for your race committee? Or maybe
it's just a fun to drive boat for cruising around in when there's no breeze
or for watching the kids sail? No matter what you’re looking for, you'll
find it in Ribcraft's professional grade RIBs on display at the Newport
International Boat Show. Come by the Ribcraft booth to see the new 19'
Ribcraft 190, the US SAILING Ribcraft 15, or the favorite in the Offshore
Series, the 25' Ribcraft 7.8. -- http://www.ribcraftusa.com

EIGHT BELLS
With profound sadness, I write to tell of the untimely passing on Thursday
morning, of Tim "Tiny" Miller, a longtime member of and friend to Gulfstream
Sailing Club. Tiny spent much of his life on the water, either delivering
boats, racing with various boats, including Bandana and Screamin Mimi, doing
R/C and race organizing for events like the Ft. Lauderdale to Key West Race,
or helping with the Ft. Lauderdale Sailing Foundation to raise money to help
get more people out on the water.

Tiny has been described by those who sailed with him as one of those guys
who didn't waste words, but when he did have something to say, it was
important. That was my experience from the time we spent working on the Ft.
Lauderdale to Key West Race Committee over the past few years. Tiny was the
real deal. He was a gentle soul in a formidable package, and will be missed
by all of those who knew him.

Tiny's brother Jim, a former GSC member who now lives in Melbourne, is
arranging memorial plans. Tentative plans include a memorial service,
perhaps on the waterfront at Esplanade Park in downtown Ft. Lauderdale, to
take place in the relatively near future, and spreading Tiny's ashes
sometime in January, when the boats of Tiny's friends and family from up
north, including Jim's, will be in town for the Key West Race. I will pass
along the details when they become available. On behalf of Gulfstream
Sailing Club, farewell friend. -- Steffi Schiffer


LETTERS TO THE CURMUDGEON
Letters selected for publication must include the writer's name, and may be
edited for clarity or simplicity (letters shall be no longer than 250
words). You only get one letter per subject, so give it your best shot,
don't whine if others disagree, and save your bashing and personal attacks
for elsewhere. As an alternative, a more open environment for discussion is
available on the Scuttlebutt Forum.

-- Scuttlebutt Letters: editor@sailingscuttlebutt.com
-- Scuttlebutt Forum: http://sailingscuttlebutt.com/forum

* From Chris Ericksen: It was gratifying to see the Alamitos Bay Yacht Club
Labor Day Regatta mentioned on the Scuttlebutt "Photos of the Week" page and
noted in 'Butt 2417. With 235 entries, it was the largest Labor Day Regatta
in recent memory; it is, however, not "annually the largest one-design
dinghy event in SoCal" as your caption mentioned. ABYC's Turkey Day Regatta,
held the weekend before Thanksgiving, is annually the largest regatta on
ABYC's calendar and is almost exclusively attended by one-design classes;
there were 279 entries in 20 classes and divisions on three venues at our
2006 regatta, making it arguably the largest one-design regatta sailed on a
single weekend from a single venue in the country, let alone in Southern
California. Regardless, thanks for mentioning the event, which not only
featured a great turnout by the sailors but a huge commitment of time and
effort by ABYC's volunteers.

Curmudgeon’s Comment: Thanks for the correction, and having participated in
both these events, we should have known better. What makes the size of the
T-Day event more remarkable is that it is when the SoCal winds begin their
winter cycle of either feast of famine, so it is not the sailing conditions
that make this a big draw. Kudos to ABYC for providing great dinghy events,
year in and year out.

* From Damian Christie: The New York Supreme Court won’t give a fig that
challengers have flown the burgees of paper yacht clubs in America’s Cups
past. The language of the Deed of Gift is unambiguous – an eligible
challenge must come from an organized yacht club, ‘incorporated, patented,
or licensed …’ Hopefully the court’s ruling on Club Nautico Espanol de la
Vela (CNEV) will put paper yacht clubs to bed forever!

The affidavits lodged by the Golden Gate Yacht Club make a compelling
argument that CNEV does not fulfill this criteria and that it may not even
continue to exist beyond this Cup cycle! CNEV’s continuation is particularly
noteworthy, as the Deed stipulates that the Cup is never to be the property
of ‘the … owners of any vessel winning a match’.

Past trustees have treated the matter of the Cup’s succession very
seriously. When the Earl of Dunraven challenged for the Cup for 1893 on
behalf of the Royal Yacht Squadron (RYS), the New York Yacht Club was
horrified by RYS’s ambivalence towards the Cup. RYS originally indicated it
wouldn’t take back the Cup or continue the Cup competition if Dunraven won
the match! The Royal New Zealand Yacht Squadron (RNZYS) also specifically
excluded paper yacht clubs in its 2000 and 2003 protocols.

RNZYS even scrutinized the eligibility of current trustee Societe Nautique
de Geneve (SNG) before accepting Alinghi’s challenge for 2003. It sent
representatives to monitor the legitimacy of SNG’s ‘annual regatta’ in
Cannes in 2000, much to Ernesto Bertarelli’s displeasure!

* From Alan McReynolds: Ok enough is enough! I am sick and tired of the blah
blah Valencia, blah blah ACM, blah blah GGYC, blah blah Bertarelli, blah,
blah courts, etc. Do you people really care about this stuff? People write
in about getting folks interested in the sport and this is what we have to
read about. Give me a break! This crap reminds me of the OJ Simpson trial
and the sickening reruns of the low-speed chase with a white Bronco on a
California freeway. Give it a rest and start writing again when the AC boats
splash down and start racing!!! Otherwise, why don't you put it in its own
forum 'cause I for one am sick of it!

I love reading about Lightnings, Thistles, BeetleCats, Foiling Moths, 505's,
J24's, Melges 24's, Sunfish, Mumm 30's, Snipes, Farr 40's, and Buccaneer's.
I yearn to sail on a Mini6.5, go for a ride on a Volvo 70, participate in
the Transpac, or sail single-handed --- anywhere. I even want to hear about
egomaniacs in giant cats or tri's that chase ghosts or invent new records.
Have you forgotten? It’s supposed to be about the sailing!

* From Tucker Thompson, t2p.tv: I'd like to add to Amory Ross and Tim
Patterson's comments (#2426) about the need for more widespread and timely
media coverage for sailing events. It is a bit of a chicken and egg problem
because more media coverage requires sponsor dollars and more sponsor
dollars require more media coverage.

The good news is that in today's internet age reports, results, photos, and
even complete video shows can be posted for the world to see on the very
same day the racing occurs, usually within a few short hours from the race
finish. Asking for this type of coverage from your favorite events will help
ensure that it will exist. The sponsor investment in sailing, the coverage
of it in all media forms, and ultimately our sport in general will grow as a
result of your effort.

CURMUDGEON’S OBSERVATION
My goal in life is to be as good a person as my dog already thinks I am.

Special thanks to Doyle Sailmakers and Ribcraft RIBs.