2021 Lipton Challenge – Regulation Waiver Clarification

TO:      Commodores of General and Affiliate Members
GYA Executive Committee
GYA Past Commodores
GYA Standing Committee and Council Chairmen
GYA Coordinator of each GYA General Member Club
GYA Associate Members

RE:      Executive Committee Action – 2021 Sir Thomas Lipton Challenge

Many of the GYA clubs are strategizing their Lipton team and the following observation has been brought to the attention of the executive committee.  Regulations 19.5(b), (c) and (d) the text reads “Waived for 2020 and 2021 except for the top 8 finishing clubs in the immediate prior year.”  Given that there was no Lipton in the prior year (2020) the text could be interpreted contrary to its intention.  The problem is the immediate prior year for 2021 is 2020 in which there was no competition.  So, technically, no club finished in the top 8.  Obviously, the intent of this waiver, was for the waiver to not apply to the top 8 of the immediately prior running of the regatta, which for 2021 would be 2019.

It was suggested that the ExCom instruct the Lipton PRO, Nathan Adams, to include a clarification in the NOR stating that the finishes from 2019 will be used in determining which clubs do not qualify for the waiver this year, and by extension, which ones do qualify.

We have solicited input and heard from the Lipton Judges, the GYA Administrative Judge, Capdevielle Committee Chairman, and the Racing Regulations Committee Chairman and all agree that the intent of the phrase “immediate prior year” included in the waivers written into Regulations 19.5 (b), (c) and (d) refers to the immediate prior running of the Lipton.  With no Lipton held in 2020 due to a global pandemic, they agree that to be consistent with the intent of the waiver, the results from 2019 should be used to determine which clubs do and do not qualify for the waiver.  Parliamentarian, Cary Trapani, has stated his opinion that it is within the authority of the ExCom to clarify that, to be consistent with the intent of the waiver, the 2019 results will be used to determine the qualifying clubs in 2021.

Therefore, the following motion has been approved by the GYA Executive Committee:

The GYA Executive Committee has considered the intent of waivers granted in Regulations for Sanctioned Events 19.5 (b), (c) and (d) and directs the Principal Race Officer for the 2021 Lipton Challenge to include, in the appropriate place, in the Notice of Race the following statement:  “For the purpose of applying the waivers granted in GYA Regulations for Sanctioned Events Regulations 19.5(b), 19.5(c) and 19.5(d) the results from the 2019 Lipton Challenge shall be used.”  The Executive Committee further directs the Secretary to notify GYA Member Clubs of the same via email.

Jimmy Ruthven
GYA Commodore