Mayfield FAILED Drug Test

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3rd July 2009, 21:21
Mark in Oshawa

Quote:

Originally Posted by Lee Roy

It's funny that Mayfield's high-powered Lawyer doesn't mention the absence of this "list". If it were an issue, you think that he would. Apparently it's not an issue in the real world.

Lee Roy, you know that answer. The lack of a "list" means squat when you lie to the drug test administrator and say you are not knowingly taking any drugs. If he had disclosed this Adderol and Clartin that he took, he might have skated on the positive test.

Diehl is a lawyer. Whether Jeremy is innocent or not, he is going to make NASCAR prove its case until Jeremy cannot pay him no more. All this talk about testing procedures is in the vain hope they can convince the judge NASCAR is out to get Jeremy or was faulty in how they conducted their drug policy. Still doesn't prove Jeremy wasn't in violation of having something in his system, we are just playing a lawyer's game.

That said, if Jeremy had no Adderol or Clartin in him or had admitted to it, he may have been racing today.
6th July 2009, 23:07
Chaparral66

Quote:

Originally Posted by Sparky1329

From what I understand all race team personnel are subject to random testing. The drivers are required to report all their prescription medications to NASCAR all the time and prior to any testing. (Jeremy violated that requirement, by the way.)

From what NASCAR has stated every driver has access to Dr Black at Aegis to ask about specific banned substances. Mark Martin seemed to be satisfied that he got the answer he wanted about this "list" following the big meeting of a few weeks ago. For what reason does the public need to have a list?

Why have a list? Yikes. Why have a drug policy at all? Having a substance policy is for the public to have confidence in the sport they are paying top dollar to see as being as fair and safe as it can possibly be. Having a public list is for the competitors to know what is allowed and what is not, and also for the fans to know that the policy is being carried out fairly, and not abused by the sanctioning body to unfairly and punitively target individuals they might arbitrarily deam as hostile to the interests of the sport.
6th July 2009, 23:09
Chaparral66

Having a list of banned substances is important regardless of whether Mayfield broke the rule or not. This policy is designed to protect everyone, not to be used as a weapon to drive out "undesirables".
7th July 2009, 02:56
Sparky1329

Quote:

Originally Posted by Chaparral66

Why have a list? Yikes. Why have a drug policy at all? Having a substance policy is for the public to have confidence in the sport they are paying top dollar to see as being as fair and safe as it can possibly be. Having a public list is for the competitors to know what is allowed and what is not, and also for the fans to know that the policy is being carried out fairly, and not abused by the sanctioning body to unfairly and punitively target individuals they might arbitrarily deam as hostile to the interests of the sport.

The competitors should know what substances are banned. Unless NASCAR starts testing the public there is no need for the public to see a list. You're just being nosy.

NASCAR is rarely fair in any of their policies - a fact that is discussed ad nauseum around here. If they are unfair and punitively targeting individuals that would be a problem to those individuals and absoultely no problem to you.

It's NASCAR's ballgame, like it or not. Any indvidual participating in the sport is free to find work elsewhere anytime they want. Most people don't choose to do so and Jeremy is filing lawsuits to keep himself in NASCAR's ballgame.
7th July 2009, 07:21
Chaparral66

Quote:

Originally Posted by Chaparral66

Having a list of banned substances is important regardless of whether Mayfield broke the rule or not. This policy is designed to protect everyone, not to be used as a weapon to drive out "undesirables".

I anticipated such a response from you Sparky, hence the above quote inserted just after my first response to you. By everyone, I mean the drivers, the teams, the officials, AND the public. NASCAR encourages interaction with the public, as well as up close and personal viewing at the events. Therefore, they have a responsibility to create a proper environment.

It may be NASCAR's ballgame, and they are a private entity, but they are a very public enterprise. And saying that many of NASCAR's rules are unfair is no justifcation. And yes, if NASCAR arbitrarily, punitively, and unfairly, targets individuals (like my favorite driver or team) for infractions while letting others who do the same thing go scott free, that is a major problem for me, as a paying fan. I, along with 75 million of my closest friends, pay good money to go to races that are fair and safe for everyone, as well as entertaining. If the sanctioning body lets me down substantially in one area or all three, I will be very PO'd about it, as if my hard earned cash was wasted.

If Jeremy Mayfield feels he was unfairly treated, and can prove his view, it is his right to take the matter to court to get justice. If NASCAR can prove that their policy is just and their actions on Mayfield were appropriate and legal, that is their right. It's how America works, my friend, that's what freedom is. If you don't like it, no one says you have to stay here, you have options. I'm sure they will welcome you in France, just like Jerry Lewis.
7th July 2009, 12:46
Lee Roy

Just a question Chap, if the lack of a list is so important, why hasn't it been mentioned by Mayfield's high-dollar Lawyer or the Judge?
7th July 2009, 15:42
Sparky1329

Quote:

Originally Posted by Chaparral66

I anticipated such a response from you Sparky, hence the above quote inserted just after my first response to you. By everyone, I mean the drivers, the teams, the officials, AND the public. NASCAR encourages interaction with the public, as well as up close and personal viewing at the events. Therefore, they have a responsibility to create a proper environment.

It may be NASCAR's ballgame, and they are a private entity, but they are a very public enterprise. And saying that many of NASCAR's rules are unfair is no justifcation. And yes, if NASCAR arbitrarily, punitively, and unfairly, targets individuals (like my favorite driver or team) for infractions while letting others who do the same thing go scott free, that is a major problem for me, as a paying fan. I, along with 75 million of my closest friends, pay good money to go to races that are fair and safe for everyone, as well as entertaining. If the sanctioning body lets me down substantially in one area or all three, I will be very PO'd about it, as if my hard earned cash was wasted.

If Jeremy Mayfield feels he was unfairly treated, and can prove his view, it is his right to take the matter to court to get justice. If NASCAR can prove that their policy is just and their actions on Mayfield were appropriate and legal, that is their right. It's how America works, my friend, that's what freedom is. If you don't like it, no one says you have to stay here, you have options. I'm sure they will welcome you in France, just like Jerry Lewis.

Fans who don't like NASCAR's policies are free to find something else to do on race day and spend their money elsewhere. Any drivers who are treated unfairly have the option of suing NASCAR and NASCAR has the right to defend it's policies. That's the way America works, my friend.

If Jeremy wanted to offer some proof of his I-didn't-do-it position and end the debate he could submit a sample to a legitimate testing lab and publish the results for the public to see. As far as I know he hasn't done that.
7th July 2009, 16:45
Chaparral66

Quote:

Originally Posted by Sparky1329

Fans who don't like NASCAR's policies are free to find something else to do on race day and spend their money elsewhere. Any drivers who are treated unfairly have the option of suing NASCAR and NASCAR has the right to defend it's policies. That's the way America works, my friend.

I believe I just said that, in my spot above.
But here it is again, in case you missed it:
If Jeremy Mayfield feels he was unfairly treated, and can prove his view, it is his right to take the matter to court to get justice. If NASCAR can prove that their policy is just and their actions on Mayfield were appropriate and legal, that is their right. It's how America works, my friend, that's what freedom is. If you don't like it, no one says you have to stay here, you have options. I'm sure they will welcome you in France, just like Jerry Lewis.

If Jeremy wanted to offer some proof of his I-didn't-do-it position and end the debate he could submit a sample to a legitimate testing lab and publish the results for the public to see. As far as I know he hasn't done that.

Mayfield has consistently said he would be available to NASCAR to submit another sample and have them analyze it again, at an independent lab. So far, NASCAR has not taken him up on that.
7th July 2009, 17:08
Chaparral66

Quote:

Originally Posted by Lee Roy

Just a question Chap, if the lack of a list is so important, why hasn't it been mentioned by Mayfield's high-dollar Lawyer or the Judge?

Lee, Mayfield's lawyer Bill Diehl has in fact, mentioned the lack of a list, several times. This is what he argued to Judge Graham Mullen, which probably influenced his decision in favor of Mayfield:

Diehl also argued that NASCAR's policy is unfair because it does not provide a list of all banned substances, as is the case in most other professional sports.

He referred to the governing body as having almost god-like powers, saying "if they decide to ban Coca-Cola or coffee or orange juice or anything else," they can. Writer: David Newton, ESPN.com, 7/2/2009.

And for Sparky, in the same article:

"I have never taken methamphetamines in my life, and when accused of taking them I immediately volunteered to give another urine sample," Mayfield said in an affidavit.

This is what Mayfield says, only Mayfield and NASCAR really know if that's true. But I can imagine if you're falsely accused of something, your first instinct is to do whatever you can to clear yourself. Just have to wait and see how this works out in court.
7th July 2009, 17:24
Lee Roy

Quote:

Originally Posted by Chaparral66

Lee, Mayfield's lawyer Bill Diehl has in fact, mentioned the lack of a list, several times. This is what he argued to Judge Graham Mullen, which probably influenced his decision in favor of Mayfield:

Diehl also argued that NASCAR's policy is unfair because it does not provide a list of all banned substances, as is the case in most other professional sports.

He referred to the governing body as having almost god-like powers, saying "if they decide to ban Coca-Cola or coffee or orange juice or anything else," they can. Writer: David Newton, ESPN.com, 7/2/2009.

Thanks. I guess we'll see what impact that has. It will be interesting.

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