Mark Sweeney, Mike Augst Sue River Cup Executive Committee
Back to 1991 River Cup News
RICHMOND, Va (Oct 25, 1991) - The River Cup, a golfing institution which has for years remained impervious to the onslaught of litigation affecting virtually every major sporting event, is now embroiled in a controversial lawsuit that threatens to take years to unravel. Mark Sweeney and Michael Augst, both banned for ten years from participation in this annual competition between the Country Club of Virginia and Willow Oaks Country Club, have jointly filed suit against the River Cup Executive Committee, the event's ruling body, and Paul A. Sinclair, its Chairman. The suit contends that the length of the suspensions is unduly harsh.
Both bans resulted when the players decided not to compete in this year's event despite qualifying to participate. Official invitations were issued to both players after they had orally committed to play. Under River Cup by-laws, rejection of an official invitation without adeqate justification is grounds for automatic suspension for a period to be determined by the Executive Committee.
Sweeney had tried unsuccessfully for a number of years to qualify while a member at Willow Oaks. Frustrated by his inability to obtain a berth on the talented Willow Oaks side, Sweeney dropped his membership and joined CCV. Sweeney qualified in his first season at CCV. CCV Captain Robert E. Leitch, Jr., obtained a verbal commitment from Sweeney to compete and authorized issuance of an official invitation by the Executive Committee. Sweeney later declined to participate, citing his decision to attend a junior college football game instead. Sweeney's decision was shortly followed by Augst's withdrawal in a message received on the River Cup phone mail system. Augst waited until three days before the competition to withdraw, saying that it "looks like I've got a bunch of things to do on Saturday and, uh, I'm not gonna be able to make that, uh, tournament."
Augst's taped message was played to the entire River Cup field at Saturday evening's banquet and Sinclair conducted a voice vote as to whether his reason for withdrawal justified a less severe sanction than that imposed on Sweeney. By unanimous vote, the assemblage upheld Sinclair's recommendation of a ten-year ban. Cliff Culley, a longtime friend of Augst, was called upon by Sinclair to argue in favor of less harsh treatment for Augst. Culley refused to support his friend and in fact lobbied for a harsher sentence. Culley, however, changed his position on Sunday after being defeated by Augst's replacement, Robert F. Mizell, by the score of 4-0 in a singles match which was not as close as the score would indicate. After that match, Culley sought unsuccessfully to reopen Augst's banishment, saying he wanted no part of Mizell again.
In the suit, filed by attorney Thomas W. McCandlish the day after conclusion of this year's play, Sweeney and Augst contend that the ten year suspensions are excessive. Speaking on his clients' behalf, McCandlish contended that "the suspensions exceed all bounds of reasonableness. The Executive Committee decisions are arbitrary, capricious, and deprive my clients of the opportunity to enter into lucrative endorsement contracts available to River Cup competitors."
Sinclair was clearly preoccupied by the controversy surrounding the suspensions during his matches. Carried by his brother-in-law Martin A. Donlan, Jr., in the fourball matches on Saturday, the Sinclair-Donlan team swept its match against CCV's John Leitch and Cliff Culley. When forced to play his own ball against CCV's John Gentry in Sunday's singles play, however, Sinclair was defeated in an extremely close 3 1/2 - 1/2 match. Sinclair first learned of the actual filing of the suit the day after the matches and in his only public comment on the matter said, "I'm saddened that Mr. Sweeney and Mr. Augst feel compelled to resort to this. I'm even more saddened that Mr. McCandlish, who I consider to be a friend, would file such a clearly frivolous lawsuit." Sinclair referred all other inquiries to Donlan, an attorney retained by the Executive Committee to defend the suit. Donlan withheld comment on the specifics of the suit, claiming he had not yet seen the papers. He nonetheless said that he relishes the opportunity to meet McCandlish in court. "I'll beat him like a drum," predicted Donlan.
McCandlish, like Sinclair a Willow Oaks member and competitor on Sinclair's team this year, defended his decision to file the lawsuit against a teammate and friend, on behalf of a member of the opposing club. "I can't let my personal feelings for the River Cup, Willow Oaks, or any individual interfere with my clients' best interests. Besides, if I can win this suit, I may be able to pick up some of Shoney's legal work. This is just business for me." Sweeney is President of Shoney's of Richmond, Inc., a franchise hamburger emporium with restaurants throughout central Virginia.
In a case of byzantine allegiances, CCV Captain Leitch, who selected Sweeney to compete on his team, sided with Sinclair and the Executive Committee. "Mark knew the rules when he rejected the invitation. This tacky lawsuit is beneath a true CCV man. Sweeney's CCV membership may well be reviewed as a result of all this bad publicity." Captain Langdon Moss of WOCC, basking in the glory of his team's stellar performance in the weekend's matches, refused to take sides in the controversy.
Player's Council Representative William B. Correll, Jr., a close personal friend of Sinclair, nonetheless sided with Sweeney and Augst in the fray. "Paul's really not as big an a__h___ as everyone says, but something needs to be done about the stranglehold he and the Executive Committee have on administration of the Cup. If this suit is successful, it may well lead to an eventual sharing of power with Council. I think that would be good for the Cup's future." Correll also expressed hope that the members of the Executive Committee would be identified in discovery. "Other than Paul, no one knows who's on the Executive Committee, or even if anyone else is on it."
The litigation will most likely take years to unfold and threatens the Cup's tradition of dignified sportsmanship. C. William Cramme, III, who replaced Sweeney on the CCV team when Sweeney refused to compete, summed up the feelings of everyone involved in this year's event when he lamented that "even though I'm a rookie this year, I've always sensed the pride the teams have had in their ability to sort out any differences in a gentlemanly fashion. I was proud this year to become a part of that tradition. I hope this doesn't bring that era to an end. But only time will tell."