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May 30, 2009

Jeremy Mayfield Files Suit... But Does He Really Have a Case?

Jeremy Mayfield filed a lawsuit against NASCAR yesterday and while many fans have focused on the allegations by his lawyer that the case is about Mayfield's use of Adderall and Claritin-D what jumped out at me from an article at thatsracin.com is the following:

Attorneys for Mayfield said NASCAR told him he tested positive for amphetamines. They told a judge the driver had been taking medication for allergies and an attention deficit disorder drug, Adderall.

But Hendrick , the NASCAR attorney, said Mayfield tested positive for three drugs. Hendrick said officials threw out two because Mayfield had an explanation.

Hendrick said the third drug is “a dangerous illegal substance,” but did not name it. At one point, Hendrick said, “This case is not about amphetamines.”

Test results show high levels of the drug, he said. “Use of it represents one the most serious violations possible,” Hendrick said.

If it's true that Mayfield tested positive for a recreational drug - and we may never know because supposedly the suit is also asking the court from prohibiting NASCAR from revealing the third drug that Mayfield allegedly tested positive for besides the Claritin and Adderall - then he doesn't have a leg to stand on with this lawsuit. Even if he didn't use a recreational drug, I think NASCAR still has the right to be concerned about his use of Adderall. Amphetamines are not only used as performance enhancers but they're also commonly abused. They're on the banned list in other sports for a reason. In addition, a driver who used Adderall could potentially be impaired. It's astonishing to me how many fans believe that if Mayfield was using a legal, prescribed drug then it's okay, meanwhile if he's impaired while he's driving whether it's because of a legal or illegal drug, prescribed, OTC or otherwise, he could still be a safety risk to his fellow competitors.

Part of the suit also takes issue with NASCAR's testing policies but I think that - and all the talk about Adderall and Claritin - is a lot of smoke and mirrors on the part of his lawyer. NASCAR isn't a governmental agency and I would guess they have the right to enforce their drug policy and conduct the testing in the way that they want.

What I'm wondering about is why Mayfield Motorsports didn't field a car this weekend at Dover. As part of the suit they're asking for an injunction to lift the suspension so that Mayfield could continue to race. That was denied on Friday and I don't understand why they even asked for it in the first place since Mayfield wouldn't have had anything to race if it had been granted. Are they planning on racing next weekend at Pocono with or without Mayfield? No explanations appear to be forthcoming from anyone associated with Mayfield Motorsports and in fact the way that it came to light that they weren't showing up at Dover was via J.J. Yeley's website and based on what was posted there he appears to be just as much in the dark as anyone else as to why he's suddenly not racing again.

There's another hearing on Wednesday in which the injunction could be granted to allow Mayfield to race but if it's true that he tested positive for recreational drugs it's hard for me to see how that will happen.

Posted by silverdsl at May 30, 2009 01:34 PM

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