Pitstop - 03 July 2009 09:24 AM


Playing Devil's Advocate here....

Your Honor, NASCAR doesn't need to follow federal guidelines in this case because NASCAR is NOT an employer, federal or otherwise. Jeremy Mayfield has never worked for NASCAR.
Unless I have missed something no one has actually spoken about following federal guidelines your honor but best practices and processes that protect the rights of the individual and the integrity of the sport...and we readily agree that NASCAR is not the employer..

NASCAR is a santioning body - that means we create a schedule of events under several racing series banners. Anyone who wants to enter a car can by applying for a team owner's license (show exhibit) and brings a car that passes inspection (show technical specs). That car can be driven by anyone experienced enough to be granted the privilege of holding a NASCAR licence (show license agreement) for that level of racing and that type of track. A driver is free to participate in any of our series that he is qualified to be licensed for, and free to compete in other racing series at his own discretion.
Your Honor again we agree and stipulate to this...this is not the arguement at issue whether or not Mr. Mayfield holds valid owners or competitors certificates.

Racing is an inherently dangerous sport. Racing while taking any medication is even more dangerous. That's why we ask health questions on the license application form, and require that any material change in a driver's health be reported to us.

Your Honor it is our arguement that we believe this was properly reported to the proper medical official.

We did not know that Mr. Mayfield was taking an amphetamine prescribed by his local health spa for a case of adult onset ADD/ADHD diagnosed by them a month after he filed his license application. He never notified us. We also didn't know that he was self over-dosing himself with Claritin-D - our medical liaisons could have given him something that didn't contain pseudoephedrine for his allergies, and we wouldn't be here today.
Your Honor we object to the overtly prejudicial and insulting nature that is characterized by NASCAR to the licensed medical professional that diagnosed and prescribed a known and legal medication for a diagnosed illness. Again it is our arguement that we believe this was properly reported when necessary to the proper medical professional

We have been running professional auto racing for more than 60 years now. We try to look out for the safety of all of our competitors, but it most certainly isn't in the capacity of employee-employer. We have no requirements for the drivers to follow outside of the race track - but when you show up and apply to compete in an event we are running, you do have to follow our rules.
Your Honor we stipulate to NASCAR'S History though it has ZERO bearing on our arguement

Mr. Mayfield was given the drug policy in January (see exhibit). As of today, he is the only driver to have his privileges suspended because of drugs he took. Even if you took away the results for methamphetamine, the other 2 drugs in his system were enough to suspend him. The policy clearly states that taking any over-the-counter drug in excess of the recommended dosage is grounds for a suspension, and Jeremy admitted he did that with the Claritin-D. A license requirement is also to report any material change in health to NASCAR, and Jeremy admits he didn't do that. Being prescribed an amphetamine for regular use is a material change in circumstances.
Your Honor lets go over the drug policy as entered by NASCAR...Can they please point to list of banned substances? Can they please describe in detail how their policy protects the integrity of the samples taken through the use of sterilized collection methods and storage. Can their policy cover the proper storage and trasportation of the collected samples is the best evidence rule followed, should litigation become necessary. Was the subject doing the initial collection properly trained and supervised in a fashion that is consistent with best practices in the industry. As far as material change in circumstances again it is our arguement that we believe this was properly reported to the proper medical professional.

We are responsible for the safety of 43 competitors, 300+ crewmen on pit road, a large amount of fans, and X amount of our own officials. It's extremely important to be able to react immediately as we see fit to situations that could cause danger to all those innocent people.
Your Honor while we respect NASCAR and all its safety practices the suspension of Mr. Mayfield was done without proper due process.
Thank you. smile


My stuff is in red Gotta love the internet great thread great read...

If he is a speed freq I must be real bad....
one of the med's I take has a very tiny amount of meth in it... and I take it 4 times a day... wow... get me a straight jackt now..

If his prescription and a cold med give him a false positive like he claims she should be allowed to race with no nasty looks from the rest of the pack our from us.
the court said there is a real good chance that happened.. so good that they overturned nasty car... something they would never do without out REAL prooof

Pitstop - 03 July 2009 07:41 PM

Whether it's Mayfield or anyone else, I hate to worry that someone is driving impaired on the track.

As do I, Pitstop. I would hate it probably MUCH more than most. I also don't care for Mayfield, but he does have rights. Whether people on this board swear that he is clean or otherwise he has always had these rights. They were confirmed by the temporary injunction granted on Wednesday.

The simple bottom line is this that NASCAR did not nail a person they have labelled as a drug-abuser. This happened because NASCAR, in its absolute right, produced a Substance Abuse Policy and rules, regulations and procedures that have been shot full of potential holes at the first encounter on Wednesday. Now it will take a year or more if this issue is to wind its way through the legal system.

But in the civil legal system, where "maybe" sits between "yes" and "no" the pendulum is never going to hit "yes" or "no" because both sides have some valid points to make. I think a "balance of probablities" decision is the best either side can hope with what is on the table at the moment. I am sure that there are still some unexpected aces in both decks, but we'll have to wait for those.

As things stand, Mayfield has the same rights as an aggrieved ping-pong player save that he plays his sport in a heavy, 200mph projectile.

This is what, at least for now, really has NASCAR between a rock and a hard place, especially if you think about it.

Even a Independant Contractor what Jeremy Mayfield IS under Federal LAW has Rights. There are THOUSANDS of Independant Owner Operators that follow the regulations of the companies that they lease or run under aka the TRUCKING INDUSTRY. Yet they have more rights than a NASCAR driver or team owner if they are accused of doing wrong. Nascar screwed the pooch when they moved it to Fedreal court here. For one reason the Feds play by a differant set of rules NOT THE GOOD OLD BOY NETWORK. They use what is best practice out there NOT WHAT WORKS IN THE STICKS OR HOW YOU KNOW.

Denny Hamlin on NASCAR's drug policy:

"They do everything but stand there and hold it for you."

jpalm - 04 July 2009 09:40 AM

Denny Hamlin on NASCAR's drug policy:

"They do everything but stand there and hold it for you."

Thanks alot now I need to clean the freaking Pepsi off my monitor and keyboard. However if they are doing this now THEY are Screwed come court case time because this proves they knew there was issues with the COC with the old setup and now after the first time they get hammered with a lawsuit they tried to fix it. Well the judge will be like WHY didn't you do this the FIRST TIME.

jpalm - 04 July 2009 09:40 AM

Denny Hamlin on NASCAR's drug policy:

"They do everything but stand there and hold it for you."

I read a REAL policy on the web a few days ago. Because cheating has come down to athletes rigging themselves with catheters, the testers are required to watch.

Is Danica still coming to NASCAR?

There is really only one issue here, and that is "DID NESCAR HAVE IRREFUTABLE PROOF THAT JM WAS USING ILLEGAL DRUGS ".

If they did, case over. Otherwise what they have done is taken away his ability to make a living in his chosen profession. All without proof, just because they " CAN DO WHATEVER THEY WANT ". They've done this before (Tim Richmond), he died before he could sue.

If NASCAR gets this one wrong, JM will win multi-millions in court and they STILL won't have learned their lesson. BF & MH just don't get the fact that the teams are only going along as long as they feel it's in their best interest. Once they think they can do better NASCAR will be history. What they did to TR & JM they can do to ANYONE. The accusation alone has caused him to be judged GUILTY whether he is or not. In this country, it doesn't work that way.

AA JMHO

Bill

I still don't know what to think about all this. I just can't fathom ANY driver would be so stupid as to indulge in meth. I just can't see it. Especially a team owner!

Unfortunately for Jeremy, his career is done no matter what. Unless NASCAR publicly admitted its test was flawed and the results were false, he's done. Even then, I think sponsors are very cowardly when it comes to controversy and I'd be surprised if any sponsors jumped on board with him.

What Jeremy SHOULD do, if he is in fact innocent, is give clean urine and blood samples in front of NASCAR testers, in their presence take the exact prescription/OTC meds he took before his positive, take another set of tests. If they come back with the same match, everyone has their answer and NASCAR can issue a mea cupla.

I don't see that happening.

Jeremy took the high road in not showing up at the daytona track imo I like his statement that the show was about the 4th and good clean fun.. well not so clean in the end they will sweeping that last lap up for a while.... but I appreciate his reserve .... he could have had a real media circus there.... and not to the good of the sport