So, you can't sue someone for breaking rule 10 (On Opposite Tacks). You have to protest them. You can, however, sue them for damages arising from damage or injury caused by a collision where they broke rule 10.
I agree... You can't walk off the water, call the police, and file charges. You agreed to the process of a PC hearing etc. Your civil process can not be taken away in the US... details vary state to state.
That was my point.... don't get off the water and call the police.
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It seems to me that you need to request the PC file a gross misconduct charge against the individual.
Well, I don't think that simply refusing to settle out of court rises (or should it be "sinks"?) to the level of "gross misconduct". I believe you'd have a hard time convincing a protest committee to open a hearing under RRS 69. Most likely, they'd tell you that awards for damages are the jurisdiction of the courts and you should sue.
Sorry, I think you have your head in the sand. I agree that the courts are where the issues of dollars are sorted out. But Windy is pointing the finger at the OA and PC for NOT dealing with larger issue of responsibility and how it is dealt with in the framework of the sport.
Yes,PC have training to collect the facts and evaluate the rules and render a decision on the RRS. BUT they also need judgment to address the other issues of responsibility and sportsmanship that they are tasked with.
Its the UGLY HALF of the RULES ADMINISTRATION.
Competitors have an expectation for the game spelled out by the contract that they
signed up for. The OA and PC simply CANNOT wash their hands of this kind of responsibility/sportsmanship dispute after they manage the rules issue.
Look at Windy's bottom line. He felt that the sports administration did not hold up their part of the deal. He was on his own with no recourse...I am surprised he keeps racing in such a dysfunctional organization.
The integrity of the sport of sailing depends on self policing backed up by race administration. The PC has two jobs... rules application and responsibility/sportsmanship enforcement redress.
