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CUP: Mayfield Wins Injunction, May Race At Daytona
Written by: Bob Pockrass
SceneDaily.com   http://www.scenedaily.com
07/01/2009
Charlotte, NC
 
Jermey Mayfield was the first driver suspended under NASCAR’s new random drug-testing policy.(Photo: LAT Photographic) » More Photos

Jeremy Mayfield is a NASCAR Sprint Cup driver again after U.S. District Court Judge Graham Mullen granted Mayfield’s motion Wednesday for a preliminary injunction to force the sanctioning body to lift his indefinite suspension for a test that NASCAR says was positive for methamphetamines.

"The harm to Mayfield substantially outweighs harm to NASCAR," Judge Mullen said.

NASCAR can appeal the ruling to the U.S. Court of Appeals in Richmond, Va., and it can ask for Mullen’s ruling to be suspended until a hearing before the appeals court. That request would have to be done quickly as Mayfield has stated that he wants to go to Daytona for the Coke Zero 400 race weekend, which begins with practice Thursday.

Mayfield, the first driver suspended under NASCAR’s new random drug-testing policy implemented this season, had been suspended since May 9.

“Independence Day for Jeremy ought to be today,” Mayfield attorney Bill Diehl said during his court presentation. “It is a case involving fairness.”

Diehl argued that NASCAR’s drug-testing procedure was unfair and that the amount of methamphetamine that NASCAR says Mayfield had in his body would have resulted in people noticing a change in Mayfield.

“The suspension … is directly caused by a drug-test result that’s done patently unfairly and eliminates [Mayfield’s
ability] to show anybody that he is not a recreational drug user,” Diehl said. Later he added, “He’s either a walking zombie or he’s dead if he has that much methamphetamine in his body.”

Since the suspension, Mayfield has had to lay off 10 employees and a sponsor has backed out of its commitments, Mayfield has said in court filings.

“I was just ready to come here today and lay it all out on the table and go from there,” Mayfield said outside the court before NASCAR presented its side. “I feel great right now. I’ve been feeling good. It’s just a matter of seeing what happens later on today.

“Either way, we know that the truth will come out, and that’s the main thing. Today is one of the battles you have to win to win the war.”

In talking about NASCAR’s stance that it does not have to adhere to guidelines of federal agencies and that it can suspend anyone at any time in the best interest of the sport, Diehl said that NASCAR could do a “taste test” and decide if a driver has failed and that Aegis Laboratories President David Black, whose lab conducts NASCAR’s drug tests, could “take a hit” of the urine sample and decide to suspend a driver. He said NASCAR could do a litmus test and say if it comes up that it’s coffee, that NASCAR can then decide to ban coffee.


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