NASCAR Suspension of Mayfield Lifted By Judge!!!!

[Dirty]

Mayfield granted injunction, will race


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By David Newton
ESPN.com
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CHARLOTTE, N.C. -- Independence Day came a few days early for suspended Sprint Cup driver Jeremy Mayfield, as a federal judge granted him a temporary injunction allowing him to race this weekend.
The ruling, made Wednesday in U.S. District Court in Charlotte by senior Judge Graham Mullen, lifted his suspension for failing NASCAR's substance abuse policy and allows him to return as the driver/owner of his No. 41 team in time for Saturday night's race at Daytona International Speedway.
Mullen said in granting the injunction that the irreparable harm appeared to be greater for Mayfield than NASCAR.
Mayfield was suspended on May 9 after failing a random drug test eight days earlier at Richmond International Raceway. During a recess at Wednesday's hearing, NASCAR spokesman Ramsey Poston said Mayfield tested positive for methamphetamines. Mayfield has denied using the drug, saying a combination of attention deficit disorder and allergy medications led to the positive test.
"Independence Day for Jeremy ought to be today," Mayfield's attorney, Bill Diehl told Mullen in open court. "It is a case involving fairness."
David Newton covers NASCAR for ESPN.com.
Poston said claims by Diehl that NASCAR's test program is flawed was a testament to his "remarkably vivid imagination'' when it comes to understanding the procedures.
He said NASCAR has the best policy in all of sports even though it has come under some scrutiny, including in court by Diehl, for not having a specific list of banned substances.
Mayfield maintained from the start that he did not take methamphetamine. He claimed the positive test was the result of combining prescribed Adderall for Attention Deficit Hyperactivity Disorder and Claritin-D for allergies.
"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.
He reiterated those comments on Wednesday, and will continue to fight his case in a lawsuit against NASCAR.
"Either way we know the truth will come out,'' he said.
Despite the injunction, which can be appealed, the onus remains on Mayfield to create doubt about the test results as he seeks a permanent return to the track and monetary losses.
Diehl said the process could last more than a year.
"The case is a big, complicated case that is going take probably a while,'' he said. "[This] doesn't end the case. It's a process.''
Diehl said in a 45-minute argument that the evidence was "overwhelming'' in favor of his client.
Diehl claimed that NASCAR's drug testing program does not meet federal workplace guidelines or follow proper procedure of SAMHSA [substance abuse and mental health services association].
He argued that Mayfield did not give permission for the "B'' sample to be tested after the "A'' sample came back positive as guidelines state and that the "B'' sample should have been tested at an independent laboratory.
He said since proper procedure was not used and because the "B'' sample was compromised when opened that the entire test should be thrown out.
Both samples originally were tested by Aegis Laboratory, the Nashville Tenn.-based facility NASCAR employs to run its testing program.
Diehl said it is reasonable for a driver to expect NASCAR to follow procedure when volunteering for the test program.
"It is disingenuous to argue you don't have to adhere to any procedure of SAMHSA even though they test in a SAMHSA lab,'' Diehl said.
Diehl 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 has having almost god-like powers, saying "if they decide to ban Coca-Cola or coffee or orange juice or anything else'' they can.
"That just smells bad,'' Diehl said. "And it stinks enough that the court should say 'You can't do that.' ''
Diehl also argued that Mayfield has no prior history of drug abuse and that there was no testimony in the affidavits of those that collected the specimen indicating he showed sign of drug use.
He scoffed at NASCAR's charge that methamphetamines have been in Mayfield's system for some time, reminding that Mayfield passed a test before the February opener at Daytona.
He said if Mayfield had as much methamphetamine in his system as has been insinuated then "he's either a walking zombie or dead.''
"They must be held accountable,'' Diehl said of NASCAR and Aegis. "If you don't follow procedure then drug tests are thrown out.''
Mullen sided with Mayfield.
NACAR argued there was indisputable evidence that Mayfield tested positive for methamphetamines. Attorney Paul Hendrick reminded that both of Mayfield's urine samples recently were sent to a second lab, MedTox Laboratories in St. Paul, Minn., and that the results confirmed the original tests.
Diehl said those samples were as compromised because they already were open. He again pointed to procedure.
"If they met their own rules they wouldn't have tested either of them because the seal was broken,'' he said.
NASCAR argued that it is not a federal entity and does not have to follow federal guidelines. The NFL, the NHL and Major League Baseball also allow the "B'' sample to be tested by the same lab as the "A'' sample.
Diehl reminded that those organizations have a collective bargaining agreement that requires the test policy to be approved by the members and that NASCAR has no such agreement.
NASCAR attorneys noted that Mayfield did not notify Dr. David Black or anybody at Aegis that he was on Adderall or Claritin until after the positive test, thus not following prescribed guidelines. They noted that the prescription for Adderall came from the "Vitality Anti-Aging Center and Medical Spa'' and not Mayfield's primary physician.
They said allowing Mayfield back on the track before he is completely cleared by physicians would endanger the lives of other drivers, crew members and fans.
They presented affidavits from several drivers, including Jeff Gordon and Jimmie Johnson, saying they did not want to compete with somebody known to have tested positive for a banned substance.
Diehl did not argue that point.
"It's almost a duh statement to say they don't want drivers to use drugs,'' he said.
He made light of the argument, saying if drivers choose not to compete against Mayfield then Mayfield would win because he would be the only driver on the track.
Diehl presented affidavits from several experts claiming there are circumstances where Claritin D can produce a positive test for methamphetamines.
Affidavits also were taken from members of Mayfield's crew stating that he did not put anybody at risk at the time he tested positive.
Mullen kept his ruling to the temporary injunction, not monetary damages that will be determined at a later date.
Mayfield said the suspension has cost him sponsorship and forced him to lay off 10 members of his team. He has not attempted to enter the No. 41 team with another driver since the May race at Lowe's Motor Speedway in Charlotte.
NASCAR attorneys argued that the driver contract does not guarantee the right to compete and that Mayfield is not entitled to compensation. They also reminded that Mayfield has had opportunity to enter races with another driver as it did two weeks after the suspension with J.J. Yeley.
"While [Mayfield and his team] have not suffered, and will not suffer, any harm that could not be compensated through a monetary award, reversing the suspension would create a real and serious risk of injury or death to others . . .," NASCAR stated in affidavits.
"If other drivers refuse to race, it will harm the relationships that NASCAR has developed with its drivers, fans, sponsors and broadcasters over the last sixty years."
It also was noted that Mayfield's team qualified for only five of the first 11 races and the probability the car would have made events since the suspension was not likely. Court documents also referred to Mayfield crashing in three of those races.
"If that is criteria to describe drug use then there wouldn't be any NASCAR driver,'' Diehl said.
David Newton covers NASCAR for ESPN.com. He can be reached at dnewtonespn@aol.com.
--30




NASCAR driver Jeremy Mayfield granted temporary injunction of suspension, will race Saturday - ESPN

[Reno Paul]

Glad to see justice done. Hopefully Mayfield will be ready to race this weekend. Hate to see a driver blackballed for probably a false positive.

[Dirty]

I was glad to see this as well

[Dirty]

Owners, sponsors appear leery


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ESPN.com news services

DAYTONA BEACH, Fla. -- Four team owners won't put Jeremy Mayfield in their cars this weekend at Daytona International Speedway because of sponsor concerns and the notion that Mayfield is "marked" following his legal battle with NASCAR.
Mayfield faces a Thursday afternoon deadline to bring Mayfield Motorsports to Daytona in time to join the 45 other entrants. His indefinite suspension for a failed drug test was lifted by a federal judge Wednesday, allowing him to race this weekend.
He can drive for someone else or bring his own No. 41 Toyota to the track, but the $5,005 late entry fee is daunting for the cash-strapped Mayfield. He said in an affidavit last week that he laid off 10 employees, borrowed money from family and had to sell personal assets to cover his living expenses.
He's also being sued for more than $86,000 by Triad Racing Technologies for parts, pieces and chassis work that Mayfield allegedly owes the company.
[+] EnlargeAP Photo/Chuck BurtonJeremy Mayfield, seen outside court Wednesday in Charlotte, N.C., got the injunction he wanted, but is having a hard time finding a ride.


Mayfield said outside court Wednesday he would travel to Daytona, but wasn't sure in what capacity. His suspension covered both his roles as driver and owner of his car, and he wasn't sure he could put something together in time.
Former series champion Matt Kenseth doesn't believe Mayfield will be shunned by other drivers if he returns.
"I don't think he'll be treated any different," Kenseth said. "I don't know of any people offhand or any people that have ever really had a problem with Jeremy. I don't know if we'll ever know or if there's a way to really find out or not if it's right or wrong. But certainly, if for some reason it was wrong, you feel bad for the guy because he's been kind of crucified already."
And getting back onto the track may prove difficult.
Larry Gunselman and Tommy Baldwin, two owners who potentially could have given Mayfield a ride, said they weren't considering him for Saturday night's race.
"Whether he's right, wrong or different right now, he's marked," said Baldwin, "and that's going to hurt him probably for the rest of his career."
Phil Parsons said he'd keep Dave Blaney in his No. 66 car, and Joe Nemechek said he had no intention of giving up his seat in his No. 87.
"No way," said Nemechek, who has given his seat to Red Bull Racing twice this season after rookie Scott Speed failed to qualify for races. "He's got his own stuff."
NASCAR suspended Mayfield on May 9 after he tested positive in a random drug test on May 1, and spokesman Ramsey Poston confirmed Wednesday that Mayfield tested positive for methamphetamines.
Mayfield sued, and U.S. District Court Judge Graham Mullen issued a temporary injunction that allows Mayfield to return to NASCAR this weekend.

“ Whether he's right, wrong or different right now, he's marked, and that's going to hurt him probably for the rest of his career.
” -- Car owner Tommy Baldwin

One of Mayfield's attorneys, John Buric, said a civil lawsuit also is planned, and the monetary damages they will seek has increased because of the fallout from NASCAR's ban.
"The fact that he can't go race and can't get people to sponsor him to race as a result of what [NASCAR has] said and done is obviously a part of our damage plan,'' Buric said.
Driving Gunselman's No. 64 was believed to be Mayfield's best opportunity at Daytona, but Gunselman said Southeastern-based discount store Fred's, which signed on to sponsor his car this weekend, did not want to associate with Mayfield.
"They probably would choose not to be involved at this particular time," said Gunselman, who added he had not had any direct conversations with Mayfield about replacing Mike Wallace in the car.
"For being a small, startup team that's struggled, I have to consider every potential scenario for our race team. Everybody's feelings are kind of sensitive at the moment, and I'd have to be very aware of everything involved."
Gunselman said he'd be willing to work with Mayfield going forward, and with no sponsor lined up for next week's race in Chicago, he wouldn't have the Fred's conflict. He also said NASCAR told him Mayfield is clear to drive.
"They said their position is Jeremy is an approved driver, so it was kind of left at that. I don't know where it's going to go from here," Gunselman said. "I've been involved in NASCAR for a long time and I'm hoping all parties can put this thing behind them and move forward in a positive manner. If I can help mediate that or be somehow involved in that, that would be wonderful."
Buric said he planned to get with NASCAR attorneys, as Mullen ordered, later Thursday to discuss plans moving forward.
Ten teams are trying to qualify for eight open spots in Saturday night's race, but only a handful likely would consider making a driver change to accommodate Mayfield.
Told Mayfield had potentially sold a portion of his inventory to raise money, Nemechek said: "I don't think anybody bought it. Not these days."
Baldwin, who was briefly crew chief for Mayfield at Bill Davis Racing in 2006, said he was sticking with Patrick Carpentier this weekend.
"We all like Jeremy, there's no doubt about that," Baldwin said. "The unfortunate thing is the last couple months here, he's gone through his struggles and it's not going to help him in the business world of racing. That's for sure."
Information from ESPN.com's David Newton and The Associated Press was used in this report.




Jeremy Mayfield not at Daytona; Team owners balk at putting him behind wheel - ESPN

[rjordan1979]

And that is what I knew would happen. Guilty or not, it's the perception, and since NASCAR depends so heavily on sponsors, who would sponsor a guy who may or may not have taken some shit? It's wrong, I know, but that's NASCAR.

That said, I want to see him in the Claritin car.

[Dirty]

and NASCAR Prolly is putting pressure on the sponsors behind the scenes to do this as well

[Reno Paul]

The chances don't look good that Mayfield will be able to drive a car anytime soon.....I think it sucks that NASCAR is probably behind the scenes blackballing him.

[Dirty]

Appeals court bans Mayfield again


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Associated Press

INDIANAPOLIS -- Jeremy Mayfield is back under suspension for a failed random drug test after an appeals court ruled in NASCAR's favor Friday, issuing a stay on the injunction that gave the driver the right to return to the race track.
The one-page decision by the 4th U.S. Circuit Court of Appeals stands until NASCAR's full appeal can be heard.

Mayfield
NASCAR appealed to the Richmond, Va., court after a federal judge on July 1 lifted Mayfield's suspension based on the argument that the drug testing system was flawed.
U.S. District Court Judge Graham Mullen still has NASCAR's request before him to overturn his earlier decision based on its claim that Mayfield tested positive for methamphetamine a second time on July 6.
Mayfield was suspended May 9 for failing a random test done eight days earlier, and NASCAR has said he tested positive for methamphetamine. Mayfield has denied ever using the illegal drug.
He is not entered in Sunday's race at Indianapolis Motor Speedway and has indicated he has no intention of returning to racing as he fights NASCAR. The last remaining employee at Mayfield Motorsports resigned last week, and Mayfield has not entered any events since Mullen's ruling.
"We are pleased with the 4th Circuit Court's ruling to reinstate NASCAR's suspension of Jeremy Mayfield," NASCAR spokesman Ramsey Poston said in a statement. "This is an important decision for NASCAR to make fair and equitable regulations for the safety of competitors and spectators at the track. We will continue to respectfully make our case for as long as the litigation continues."
John Buric, an attorney for Mayfield, did not immediately respond to requests for comment.
NASCAR and Mayfield have been locked in a nasty battle since the initial suspension, and there have been multiple court filings by both sides as they've argued their position to Mullen. He agreed with Mayfield that the testing system was not fair because the driver was not allowed to take his backup "B" sample to an independent laboratory as a means of contesting his positive result.
Five days after the injunction was issued, NASCAR asked Mayfield to submit to another test, but it took him seven-plus hours to provide a sample. NASCAR presented evidence to Mullen last week showing Mayfield failed that July 6 test and accused him of intentionally delaying the testing process.
In addition, Mayfield's estranged former stepmother offered sworn testimony that she had witnessed the driver use methamphetamines at least 30 times and that he'd cooked the drug himself until it became too difficult to obtain the ingredients.
Mayfield angrily denied her accusations, and accused NASCAR of paying Lisa Mayfield to lie about him because she was angry he had not given her financial help since his father's 2007 death.
On Tuesday, Mayfield submitted evidence to the court that he'd passed a drug test at an independent lab less than an hour after NASCAR's July 6 test, and said those results are "consistent with my lifestyle as I have not and do not use or abuse methamphetamines.
"It is impossible for methamphetamine to be in my body as I have never consumed that substance," he wrote.
Dr. Harold Schueler of the Broward County (Fla.) Medical Examiner's Office, filed an affidavit on behalf of Mayfield that claimed the levels of methamphetamine in NASCAR's test are "astronomical" and "could be remotely accurate, unless Mr. Mayfield was deceased or a chronic abuser."

Copyright 2009 by The Associated Press




Appeals court rules for NASCAR on Jeremy Mayfield ban - ESPN