As Texas legislature considers it’s own “bathroom bill,” Adam Silver hints it could cost Houston All-Star Game

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NEW ORLEANS — The 2017 NBA All-Star Game is co-existing with the start of Mardis Gras in New Orleans right now because of the North Carolina legislature.

When that state passed bill HB2, commonly called “the bathroom law,” the NBA owners and Adam Silver rightfully drew a line in the sand and said, in so many words, “we’re not bringing our All-Star Game to your city if that discriminatory law is on the books.” Of course, there was no way a Republican-controlled legislator and governor were going to cave on a red meat issue for their base like that one in an election year. So the NBA joined numerous businesses that pulled out of the state, as well as some musical acts planning concerts, and took their business elsewhere.

Right now, the Texas legislature is considering a similar bill.

Houston is considered a frontrunner to land the 2020 or 2021 All-Star Game, the NBA has opened the application process for those games and Houston is interested.

Could the bill kill Houston’s application before it even gets to NBA Commissioner Adam Silver’s desk? Silver is too smart a lawyer and negotiator to box himself in a corner and say there is no way Houston gets the All-Star Game if the law passes, but he made it clear it could.

“You know, I’m not ready to draw bright lines. Clearly, though, the laws of the state, ordinances, and cities are a factor we look at in deciding where to play our All-Star Games,” Silver said at his annual All-Star Weekend press conference.

“I think the issue is we’d have to look at the specific legislation and understand its impact. I mean, I’m not ready to stand here today and say that that is the bright line test for whether or not we will play All-Star Games in Texas. It’s something we’re, of course, going to monitor very closely. What we’ve stated is that our values, our league-wide values in terms of equality and inclusion are paramount to this league and all the members of the NBA family, and I think those jurisdictions that are considering legislation similar to HB2 are on notice that that is an important factor for us. Those values are an important factor for us in deciding where we take a special event like an All-Star Game.”

The 2018 NBA All-Star Game is headed to Los Angeles, and there is no concern that California is going to pass such a law. The 2019 game is officially unscheduled right now, but the NBA’s hope is to give it to Charlotte if HB2 is rolled back or eliminated. The uproar over the law is part of the reason the former governor Pat McCrory lost his re-election bid last November to Democratic challenger Roy Cooper.

“I have talked to Governor Cooper, the new Governor of North Carolina since he was elected, really to express our desire to return to North Carolina [in 2019] for our All-Star Game,” Silver said. “We have a team in North Carolina. We have a development team, soon to be a G-League team, in North Carolina. And 20 other teams will visit North Carolina this season. So we’d very much like to get back there.

“We had a discussion so I understood, certainly, his position, when he was running for office, was anti-HB2, the bill that ultimately led to our leaving. So I really was talking to him more to understand, from his standpoint, how he was hoping to move forward in terms of changing that law. My pain purpose of talking to him was to express our desire to return.”

The HB2 law covered a variety of issues, but what drew the most attention was that it restricts transgender bathroom use — you have to use the bathroom for the gender with which you were born. The law also superseded anti-discrimination ordinances put in by the city of Charlotte and other North Carolina cities, laws that tried to block discrimination against gays and lesbians. 

While any state has the right to put on the books laws it sees fit (within the framework of the Constitution), those actions can come with consequences. Just like Texas has the right to put the law on the books (not a sure thing, there has been pushback from the business community in the state), the NBA has the right to decide where it will do business. And bringing an All-Star Game to a city is a big economic boost — Charlotte lost an estimated $100 million in spending without the game, according to the Charlotte Regional Visitors Authority.