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Mayfield Wins Injunction; NASCAR Can Appeal
Posted By Michael J Smith On July 1, 2009 @ 8:21 pm In Cup | 3 Comments
U.S. District Court Judge Graham Mullen granted Jeremy Mayfield’s request for an injunction to allow him to return to the Sprint Cup series after he was indefinitely suspended for failing a drug test.
In his ruling, the judge said:
The harm to Mayfield substantially outweighs harm to NASCAR.
NASCAR can appeal the ruling, and can ask the judge’s ruling to be suspending until the appeals hearing. But, NASCAR would have to act fast, as Mayfield could return to competition as soon as Thursday, when the Sprint Cup Series heads to Daytona for the Coke Zero 400.
In arguing the fairness of NASCAR’s drug testing policy, Bill Diehl, Mayfield’s attorney said:
The suspension … is directly caused by a drug-test result that’s done patently unfairly and eliminates [his ability] to show anybody that he is not a recreational drug user.
He added later:
He’s either a walking zombie or he’s dead if he has that much methamphetamine in his body.
NASCAR spokesman Ramsey Poston said:
Mr. Diehl proved today that he has a remarkably vivid imagination in terms of what the procedures are.
For its part, NASCAR argued that there was evidence that Mayfield tested positive for methamphetamines. (Yesterday, an independent lab confirmed  that Mayfield tested positive for methamphetamine.) They also contended that they are not a federal entity, and therefore, does not have to meet federal guidelines.
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 confirmed: http://lead-lap.mikejsmith.net/2009/06/30/independent-lab-confirms-mayfield-test-result/
 ESPN: http://sports.espn.go.com/rpm/nascar/cup/news/story?id=4299586
 SceneDaily: http://www.scenedaily.com/news/articles/sprintcupseries/Jeremy_Mayfield_wins_injunction_may_race_at_Daytona.html
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