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Jury Decision: Running Away with Backstays

Posted 1 year, 2 months ago

Jury Decision: Running Away with Backstays
The 1992 Cup is remembered for the bowsprit. The 2007 Cup will be remembered for backstays. Apparently Alinghi, when sailing upwind, are taking their topmast backstays forward to the mast to reduce windage. They do not disconnect them from the back end of the boat, but just have a long tail. Interpretations issued by the AC Measurement Committee say that the Class rule prohibits taking them forward -- that the backstays can be eased significantly (and hence taken forward) only if and as necessary to let the boom out. Earlier this week Alinghi protested the Measurement Committee, alleging they had overstepped their authority by issuing the interpretations of the AC Class backstay rule. Alinghi claimed the MC's interpretations were more by way of a new rule than interpretation of an existing one. Only the Competitors can amend the Class Rule, and only by the unanimous consent of all (remaining) Competitors. And only the Measurement Committee can interpret the Class Rule, not the Jury. But the Jury does have the power to determine if the MC has overstepped its authority. Trouble is, in doing so, the Jury makes a de facto interpretation of the Class Rule. There's the rub, as Hamlet (Mr Shakespeare) said. The difference between a new rule and an interpretation is, shall we say, a decidedly gray area. It is, well, a bit like President Clinton's infamous, "it depends on what your definition of 'is' is." Therefore, it is exceedingly rare that a Jury rules against the authority of the MC. Yesterday, it was announced orally that the Jury had upheld Alinghi's protest on a vote of 3-2. This afternoon the formal decision was issued, and the full text is available here. And now the Measurement Committee is re-drafting their backstay interpretations to make them more "interpretative." All this begs one question: Are the backstays along the mast upwind only to reduce windage? Inquiring minds want to know. As your Ed. was a witness -- figuratively and literally -- to this amazing process, we will leave it to you, dear reader, to form your own opinions of all this. Only one comment. In your Ed.'s 27 years of Cup involvement, indeed in 45+ years of being on one side of the table or the other in yacht racing protests, this is the first jury decision in my aging memory in which the members of the jury recorded in the decision not only the vote tally, but who voted yea and nay. For the record (quoted from the decision): [28] The Decision by the Jury was by a majority being Graham McKenzie, Henry Peter and David Tillett. Bryan Willis and Henry Menin were the minority Jury members. Amazing, indeed, but then the America's Cup never ceases to amaze. Two-faced Cup: As a rule, interpretation involves perception. Full Story »

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