Background, Format & Guidelines for the Class Rules Forum

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This Forum intends to provoke discussion and comments about the Etchells class rules – the rules that define what an Etchells is – as well as the Association Rules (IECA’s administration rules). So, for anyone who is interested in taking time to review the Etchells Class Rules, this forum provides a place to document Etchells rules that should be evaluated for possible changes or clarification.

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• Limit each topic to one rule, if possible
• Moderator reserves the right to divide up multi-rule topics
• Put the Class Rule number at beginning of the topic title, if applicable.

Rule 10A of the Etchells Association Rules bestows on Etchells Class Members the responsibility to notify the class when defects are found with the Class Rules:

10. PROTECTION OF “ONE-DESIGN”

A. The International Etchells Class Rules Pertaining to One-Design Control (herein called “the One-Design Rules”), as in effect from time to time in accordance with procedures approved by the ISAF, are hereby made a part of these Rules as though fully set forth herein. The One-Design Rules contain measurement details and procedures whose integrity is the active responsibility of all Members, requiring them therefore to advise their respective National Authorities and, when appropriate, the Committee, of defects and anticipated problems discerned therein and of known violations thereof.

In addition, the Etchells Class Rules should mirror the way we sail and rig the boats. If the rules are out-of-step with the way we sail the boats, then they will be broken routinely and people will lose respect for the rules. Out-of-date rules should be removed or replaced with rules that will be followed. Conversely, the existing rules should be enforced. Since the Etchells Class is governed by a “closed” rule IAW World Sailing’s Equipment Rules of Sailing, everything on the boat must trace its presence to a rule that permits it. So, a simple audit of EVERYTHING on your boat will lead you to the discovery that the class rules, as currency written, are incomplete. There are many items on the typical Etchells sailboat which have no corresponding rule that permits them. This should be easy to fix by the Class Governors and, especially by the Etchells Class One-Design Technical Committee.

The topics in this forum describe instances where the Class Rules appear to fall short of fulfilling these tenets. The Etchells Class Rules are very similar in form and function to a specification for an item of materiel, say a fighter airplane for the military. There is a large repertoire of practices and techniques used to prepare specifications for complicated items to make them correct, clear, concise, and most importantly, verifiable. Applying these practices when revising the Etchells Class Rules will help make our rules correct, clear, concise, and verifiable.

While at least one governor does think it is important for the rules to be clear and consistent, I have had several discussions with a few current and past Etchells Governors and ODTC members who think these rules issues are “ticky-tack” and not worth the trouble to fix. A surprising number of these people gave me the impression that they think that the rules don’t really matter much. I personally find these attitudes unfortunate. As Dave Perry says: “The rules are what make sailing a game.” I would add, the rules are there to make the game fair to all participants. Poorly written rules, or rules that have gaping holes in them, or are not enforced uniformly introduce unfairness into the competition.

There are multiple ways to read the rules. One way is under a strict textural interpretation, looking solely at what the words say. Another way tries to take in to account other aspects, such as what the class rule writers intended. As Justice Neil Gorsuch wrote in a 2020 ruling favoring the textural interpretation:

“When the express terms of a {rule} give us one answer and extratextual considerations suggest another, it’s no contest,” Justice Gorsuch wrote in the opening paragraphs of his opinion. “Only the written word is the law, and all persons are entitled to its benefit.”

In any case, I think that most of these rules issues are easy to address and, with the large class membership to draw on, finding a couple people to address these topics should not be an especially difficult task. I agree some of the comments in this forum are simply “wordsmithing” to clarify a minor issue of interpretation. However, many of the comments are more substantive. Each comment should be considered and addressed if it is valid and helps improve the Class Rules.

Jump to the One Design Rules topics.

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