What’s followed has turned a sweet interaction into a hotly debated issue that reached New York’s Supreme Court.
Here’s what we know about the situation.
How did the jersey swap happen?
The five-year-old boy, who was wearing a tiny Spurs Wembanyama jersey, and his father attended the game with a sign that read “Victor Wembanyama will you swap jerseys with me?” After the game, they were invited onto the court where the swap was carried out in front of cameras, with the boy getting Wembanyama’s game-worn City Edition top and the 7-foot-3 Wembanyama getting the comically small replica.
What happened to the game-used jersey after it was given to the boy?
On Jan. 14, it was announced the jersey would be a featured item in the Goldin 100 auction opening on Jan. 22, with a starting bid of $10,000. This sparked a public backlash. Many people who found the original interaction so endearing felt it was distasteful to cash in on the gifted jersey so quickly. However, those who defended the move pointed out that the jersey would likely bring in a significant amount of money for the family and potentially have a life-changing impact for the child.
What did Wembanyama think of his jersey going to auction?
The day after the auction was announced, Wemby quote tweeted the news and added a crying emoji. So he didn’t seem pleased by the decision.
What did the seller think of the sale?
On Monday, after the auction had concluded, Frankie Desideri Sr., the father of the boy who swapped jerseys with Wembanyama, filed a lawsuit for a temporary restraining order against Goldin Auctions through the New York State Supreme Court to stop the sale, as first reported by Cllct. In the documents Desideri filed, he said that “multiple attempts to withdrawal from auction (sic)” were made. He also said Goldin used images of him and his son to promote the auction “despite clear, prior instructions that no images be attached to the sale,” which caused “widespread exposure and emotional harm” as a result of “public scrutiny and harassment” that led to his son suffering “severe emotional distress, avoiding basketball games and believing his favorite player dislikes him after he posted about the sale also.” Desideri said it was the use of their images that prompted him to revoke consent to the auction prior to it concluding. In addition, the filing said the jersey was gifted to the boy, making him sole owner of it and that “under New York law, contracts involving minors are voidable at the discretion of the legal guardian.”
In Goldin’s court filings in response, the company said Desideri contacted Goldin two days after the swap took place and “voluntarily and without solicitation” entered into a consignment agreement to auction the jersey. It also accused Desideri of “experiencing seller’s remorse.” The filing went on to say the jersey was “sold, paid for, and shipped to the buyer” before Goldin was made aware of the suit. It also contended the company should not be subject to New York law since it is based in New Jersey.
by Brooks Peck, The Athletic | Read more:
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[ed. Poor kid (and Wembanyama). Just props in another loser's money-making scam. Also not buying the "life-changing" blah blah blah...if they have enough money for courtside seats the kid will never see a dime.]