Apparently finding a sympathetic judge, sprinter Justin Gatlin obtained a 'restraining order' allowing him to compete at upcoming Olympic trials. Even as the judge criticized the US track and Olympic bureaucracy, it would appear she threw up her own bizarre interpretation of law: she over-ruled the highest sports court on the planet, international regulatory bodies, and Bill Cosby's mother. The judge issued an order that covered 10 days, covering the Olympic trials occurring on June 27; 10 days will not cover the Olympic Games in Beijing. However, all interested parties will be wasting more time back in court on Monday for more.
The judge's actions overrules the suspension determined by the USADA, the USATF, and the USOC, and perhaps even the IAAF in Gatlin's case. (Gatlin was originally given an 8 year suspension) Even more interesting, the Pensacola Florida judge over-ruled the recent decision by the Court of Arbitration for Sport in Laussanne, the highest level of arbitration in Olympic sport.
Gatlin's most recent suspension occurred when he was caught juicing with testosterone in 2006. If the sprinter were given a 2 year ban, he might be eligible for the 2008 Olympics (although the start date for the ban is also in dispute). Regulatory agencies meted out a 4 year ban for Gatlin, based on an earlier positive for amphetamines, which the sprinter said he took for ADHD. Gatlin claimed his ADA civil rights were violated when he was suspended for using the ADHD medication (although he didn't bother filling out a TUE). Thus Gatlin should not been given a 4 year suspension, but a 2 year suspension for the androgenic drug cheating.
The judge should have delivered a retroactive restraining order keeping Gatlin away from coach Trevor Graham. To the AP:
A Florida federal judge says banned sprinter Justin Gatlin should be allowed to compete at the U.S. Olympic track and field trials.
U.S. District Judge Lacey A. Collier's temporary restraining order is only in effect for 10 days, and the trials don't begin until June 27 in Eugene, Ore.
Gatlin's lawyer, Joe Zarzaur, says his client is "guardedly, cautiously optimistic."
A Monday hearing in Pensacola has been set to discuss the order.
"We respect and will participate in the process," USA Track and Field spokesman Jill Geer said. "Our general counsel (Lamont) Jones will be in Florida on Monday to be part of the hearing."
Gatlin's complaint alleged that penalizing him for a 2001 doping violation, which involved medication he was taking for attention deficit disorder, violates the Americans with Disability Act.
We don't want drug cheats with ADHD to suffer, or do we? And does one issue a restraining order against a track organization? Does the organization need to stay 1000 feet from Gatlin (or was the order an injunction?)
Two weeks ago, the Court of Arbitration for Sport upheld a four-year doping ban against the reigning Olympic 100-meter gold medalist. Gatlin asked CAS to rescind the 2001 doping violation — his first of two — which he had hoped would reduce his penalty to a two-year ban, allowing him to compete at trials.
The order, like Gatlin's appeal to CAS, centers on the 26-year-old's first doping offense — a positive test for amphetamines at the 2001 junior nationals. The substance was part of medication Gatlin was taking for attention deficit disorder.
Gatlin received a two-year suspension but was reinstated after one year.
Now he wants that offense erased, contending the punishment violated the Americans with Disabilities Act. Collier made it clear she agreed and that only a maze of international sports bureaucracy clouded the issue.
"In the midst of this intractable situation, it is abundantly clear that, if anyone were to actually deal with the facts of this case head-on, they would readily conclude, formally, that plaintiff was not at fault for the first violation, and would as a consequence end his suspension immediately," the judge wrote.
Do international regulatory agencies need to adhere to Pensacola Florida judges? I mean the state that gave us a George Bush presidency might have some international credibility problems.
Despite the judge's ruling Friday, it's not clear whether the international bodies that govern participation in the Olympics must abide by it.
When the CAS rejected Gatlin's appeal, CAS secretary general Matthieu Reeb said the only legal option he knew of for Gatlin was to go before the Swiss Federal Tribunal, an appeal provided by Swiss law because CAS is based in Switzerland.
The U.S. Olympic Committee agreed.
"We view this as an anti-doping matter and believe the appropriate forum for adjudication and resolution is through the American Arbitration Association or the International Court of Arbitration for Sport," USOC spokesman Darryl Seibel said at the time.
The other aspect is the timing of the ban. The CAS recently changed the ban to July 2006, which would make a 2 year ban effective (even if the 4 year ban were rolled back). The Pensacola judge blew that maneuver off too.
....Instead, CAS rejected that argument and changed the start of Gatlin's ban to July 25, 2006 -- the day he voluntarily accepted his provisional suspension -- instead of May 25, 2006. So he wouldn't be reinstated before the trials even if his ban had been reduced from four years to two.
Anyone now totally confused with all the initials used in this post?
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