May, 7th 2009

Hi Everyone,

Well, it has been a long time since we reported in...but we have been busy...still selling boats and unfortunately defending our right to go racing from organizations that prefer prejudice and politics to racing on the water. So, we did what was right...we created XS racing. XS racing is a tool to promote the sport of sailing with inclusion for all as our rallying cry... and we are not looking back.

The huge success of the 2009 Border Run shows we have the support of the sailors...that there is no room for politics and inconsistent decisions from board members of organizations that are out of touch with the bold new world of sailing and racing...The old guard has been in charge for 30 years on the West Coast, resulting in a dying sport...we hope to try to reverse that trend.

To move forward , because we have been attacked by board members of these organizations, we have decided to post our journey with NOSA and ORCA, who are in large part responsible for creating XS racing. Most who read our journey shake their heads in disbelief...others entrenched in by-laws written 40 years ago still keep their head in the sand...but that is o.k. They are entitled to their opinion, just as long as they do not affect our right to race...

Below is a one page timeline summarizing our 3 year journey. The timeline has links to detailed original documents that go into further detail. We feel, if you read the journey with an open mind, most sailors will say “let them sail”...but we are way past the two organizations in question...even if given ‘racing status’ there are many more issues with these organizations that create an atmosphere of distrust, politics, bias and conflicts of interest. The past is behind us now. We are looking towards the future and a bold new way to support and promote this great sport of sailing that we love so much.

XS Racing and The Border Run – How we Got Here…from the Beginning

1) 2002 - R33 hits water…starts winning races out of the box…

2) 2005 - R33 wins Ensenada race, Catalina Island Series and ORCA Founder’s Trophy and overall year winner.

3) 2006 – R33 wins prestigious Sailing Worlds ‘Boat of the Year’ award. The boat was tested in 30 knots of wind and beat the 1.5 million dollar Gunboat 48. Judges included two top designers and sail makers (see R33 Boat of the Year Award).

4) 2006 - ORCA takes away 2005 Founder’s Trophy from R33 on false technicality.

5) 2006 - R33 wins back Founders Trophy through successful Appeal. Never was given trophy (See Appeal document).

6) 2006 - R33 complains to ORCA that Rating system is flawed favoring ORCA board members boats…ORCA ignores R33 complaint. The system is a floating rating system with some boats having caps. Blatantly unfair as seen by neutral parties.

7) 2006 - R33 proves rating system is flawed on race course… All third parties agree. ORCA still ignores complaint. Viewed by neutral third parties as cheating and unfair.

8) 2006 -R33 numbers grow allowing R33 Fleet Racing. R33 leaves ORCA for rating issues except for the 2006 Ensenada Race.

9) 2006 – R33 racing in R33 events only. Different rules than ORCA or NOSA…more loose and allows for ‘on the edge’ sailing. Capsize is allowed in R33 racing as boats can be righted and sailed the same day. R33 is sailing in events where ORCA never sailed…Yachting Cup, Cal Race Week, Long Beach Race Week… considered professional events. R33’s during 2006 are racing 3 to 4 days a week…more than any multihull class on the west coast and being sailed to the extreme.

10) 2006 - First R33 west coast racing capsize occurred in R33 class (non ORCA or NOSA) in LB Catalina race…capsize was due to radical crew error… width of boat would have not prevented the capsize .… no reprimand or notice given by either ORCA or LBYC or NOSA. No damage to boat or crew and the boat was righted and sailing the same day.

11) 2006 - Two R33’s capsize in R33 class at Long beach Race week in extreme conditions…mono hull fleet also experience breakage, de-mastings, rollovers, men overboard, grounding and collisions. Both R33’s are righted and racing the next day to finish the series. Same cannot be said about damaged monohulls. Both capsizes were due to crew error…one boat on film showing radical crew error…width of boat would have not prevented the capsizes. No damage to boat or crew.

12) 2006 - ORCA bans R33 from ORCA day after capsize event with no hearing, questions, or nothing on how and why the R33 capsized. ORCA sends letter to LBYC stating they are banning the boat. LBYC then issues ban on R33 at LBYC with no hearing or questions.

13) 2006 - R33 appeal ORCA’s decision to ban the boat R33 contends R33 capsizes were due to crew error and is willing to change R33 class rules to make boats less susceptible to capsize in ORCA events (since the change there has been no capsizes of any R33’s in any west coast event). R33 also has design firm prove that two boats in ORCA at the time (and currently still) are less stable than R33 mathematically. ORCA disregards $800 report by America Cup designers Morrelli Melvin but concedes to weigh boat named Tyger Tyger…if boat meets certain weight then R33 would be returned to good status and not banned from ORCA (See ORCA appeal document).

14) 2006 - After long delay by ORCA and many excuses of not weighing the boat Tyger Tyger, even with R33 willing to pay to have boat weighed, ORCA board changes their mind and does not weigh Tyger Tyger and continues ban of R33.

15) 2006 - R33 goes to NOSA to ask for one design start separate from ORCA for 2007 Ensenada race due to bad ORCA rating system and banned status. NOSA agrees and XS Racing is created to allow R33’s to race as fleet in 2007 Ensenada race. Four weeks before 2007 Ensenada race NOSA bans R33 from XS racing. XS racing takes NOSA to US Sailing court of appeals and wins. NOSA forced to allow XS and the R33 to race in 2007 Ensenada race (See NOSA appeal document).

16) 2007/2008 - XS racing is racing and in good standing with NOSA until NOSA effectively bans XS racing from 2009 Ensenada race in late Dec 2008 (See ‘letter to NOSA’ document).

17) 2008 – Trimaran capsizes in ORCA race… R33 asks for immediate reinstatement for R33. For ORCA board to be consistent two options are: ORCA would have to ban all Sprint 750 (boat that capsized in ORCA race) or reinstate the R33. ORCA makes new ‘crew error’ rule but it does not apply to R33. The R33 is still banned from ORCA and the Sprint 750 is allowed to sail.

18) Summary: ORCA and NOSA ban the R33 for the ‘possibility’ of capsizing in an ORCA or NOSA race…yet in 7 years no R33 has ever capsized in any ORCA or NOSA race. Yet boats that have capsized in NOSA and ORCA are allowed to race.