America's Cup rivals headed back to court

Another court fight is revving up between bitter America's Cup rivals from the United States and Switzerland, and this one includes the legality of an engine aboard a fast catamaran.

At the request of San Francisco's BMW Oracle Racing, the Supreme Court of the State of New York ordered two-time defending America's Cup champion Alinghi of Switzerland to show why it should not be held in contempt for failing to provide the Americans their rights as challenger.

A hearing has been set for next Tuesday in the Manhattan court.

BMW Oracle Racing is asking the court to force Alinghi to use the Racing Rules of Sailing without alterations when the rivals meet in a best-of-3 showdown in giant multihulls for the oldest trophy in international sports beginning Feb. 8.

"This is highly technical but pretty important," BMW Oracle Racing spokesman Tom Ehman said Tuesday. "They're playing fast and loose with the rules."

Barry Ostrager, a New York lawyer who has represented Alinghi in a two-year court fight, scoffed at the American syndicate's claims.

"They're jerking everybody around," Ostrager said. "I will tell you categorically and emphatically that they're obviously concerned about an adverse outcome in the upcoming February 2010 Deed of Gift match. They're flailing. This is completely without merit."

Ehman said the Swiss have claimed the right to change the rules for the match at any time without mutual consent, and have entered into a secret agreement with sailing's international governing body, ISAF.

A real eye-opener in this latest spat is that BMW Oracle Racing says an engine is clearly visible on the aft crossbeam of the 90-foot catamaran the Swiss launched on Lake Geneva last week.

"That engine can only be there for one of two reasons," Ehman said. "They could be trying to turn a propeller, but we don't think they're going that far. We think it's for driving winches. They intend to use power for trimming sails."

That would be against sailing's rules, Ehman said.

Ehman said BMW Oracle Racing believes the engine could also be used to pump water from one hull to the other when the catamaran tacks, or for pumping water onboard for sailing upwind, then pumping it off for sailing downwind.

"The Deed of Gift says boats can be propelled by sails only," Ehman said, referring to the 19th Century document that governs the America's Cup. "Anytime you use engines for trimming sails or moving ballast, they're violating the Deed of Gift."

Alinghi officials in Europe did not respond to an e-mail from The Associated Press asking about the presence of an engine. Ostrager said he didn't know anything about an engine.

"Once again it's the same old story," Ehman said. "We've been trying for months to get them to come to their senses on the rules, to come and discuss the rules. They have refused. We have no choice but to once again go to court to get them to follow the Deed of Gift."

Ehman said changing the rules midcourse could affect the 90-foot trimaran the Americans are testing on the Pacific Ocean off San Diego.

Whether that is the boat that faces the Swiss remains to be seen. BMW Oracle Racing reportedly is building a new trimaran in Anacortes, Wash.

Ehman wouldn't directly confirm those reports, but said the syndicate "has a strong work force working long shifts in Anacortes six days a week. We are strongly in a design-development-construction phase for our eventual challenge vessel."

Alinghi has been pressing BMW Oracle Racing to provide a Custom House Registry, or measurement certificate, to prove its trimaran was built to the dimensions specified in its challenge papers.

Alinghi gets to pick the venue. A decision is due by Aug. 8, six months before the first race. The Swiss reportedly are considering Abu Dhabi, United Arab Emirates, apparently feeling their catamaran would excel there in light wind and flat water.