A Petition to Preserve the 1887 America’s Cup Deed of Gift and the International Sailing Competition that the Deed Created as a New York Public Charity, and to Prevent its Privatization by the Current Trustee and Teams.

Dear Attorney General James:

We are writing to ask your office to look into changes being made to the trust that governs and administers the America’s Cup, the international challenge sailing trophy created by a Deed of Gift in 1887.

Who we are

This petition is signed by people from many countries who have taken an interest in sailing and the America’s Cup in particular. Many have held positions of responsibility within the sport of sailing, and many have participated in the America’s Cup competition in some capacity. 

Your office determined in 1987, and again in 1988:

The ultimate charitable beneficiaries of the America’s Cup include both the yachtsmen throughout the world engaged in friendly competition for the Cup and the spectators throughout the world who have taken an interest in the America’s Cup competition. 

Why We’re Writing

The America’s Cup isn’t privately owned — it’s held in trust for the public under New York law. Your office is responsible for protecting charitable trusts like this one, so we’re bringing this to you rather than trying to enforce it ourselves.

Background

The Deed of Gift, written in 1887 with minor amendments by the New York courts in 1956 and 1985, sets the rules for how the Cup competition must be run. Those rules have been followed for over 130 years. The next race is scheduled for 2027 in Naples, Italy. The current Trustee is the Royal New Zealand Yacht Squadron, which agreed in April 2024 by a Deed of Assignment and Acceptance to follow the Deed and to New York’s legal authority over it.

What Concerns Us

The current Trustee, together with Team New Zealand, has made changes to how the Cup is run under an arrangement called the “America’s Cup Partnership.” Based on public statements (the full 700-page document is held in secret), we believe this arrangement hands control of trust assets to a private entity, violates the terms of the 1887 Deed, and benefits private parties rather than the public, which the trust does not allow.

The trustee’s public announcement of the America’s Cup Partnership, dated 16 October 2025, can be accessed here:

https://rnzys.org.nz/historic-moment-in-global-sailing-as-new-americas-cup-partnership-agreement-is-reached/

What We Are Asking

We ask that your office:

• Investigate the America’s Cup Partnership;
• Determine whether the Trustee has breached its legal duties or the terms of the Deed;
• Take whatever action is needed to stop changes being made to the trust and its administration that are not compliant with the Deed; 
• Recover any money or benefits improperly received by the Trustee, its agents or others during its trusteeship; and
• Take any other action you believe is appropriate.

Thank you for your attention to this matter.

Respectfully,

Thomas F. Ehman, Jr. (San Francisco, CA, USA)

Hamish G. Ross (Auckland, New Zealand)

and the other signatories to this Change.org petition