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NASCAR Sprint-Cup Series
CUP: NASCAR Wants Mayfield Appeal To Continue
Bob Pockrass  | http://www.scenedaily.com  |  Posted October 20, 2009   Charlotte, NC
NASCAR wants the U.S. Court of Appeals to hear its appeal of an injunction concerning driver Jeremy Mayfield. (Photo: LAT Photographic)

Related Story: Mayfield Disputes Bill For Parts And Other Services

NASCAR wants the U.S. Court of Appeals to hear its appeal of an injunction that suspended driver Jeremy Mayfield apparently is no longer interested in obtaining.

In a filing Monday, NASCAR stated there are issues related to the appeal that it wants decided as soon as possible.

Mayfield, who was suspended by NASCAR for what it says was a May 1 positive test for methamphetamines, obtained an injunction July 1 from U.S. District Court Judge Graham Mullen that temporarily reinstated him. The appeals court granted NASCAR’s request for a stay of the injunction July 24, and Mayfield has been suspended since then. Mayfield has sold his team, and the earliest he could get back on the track is next year since the appeal hearing is not scheduled until Dec. 1.

In a filing last Wednesday, Mayfield asked that NASCAR’s appeal to be sent back to Mullen, who has indicated in other decisions that he would now rule in favor of NASCAR and not Mayfield after the disputed results of tests taken July 6 were submitted to the court as well as additional affidavits.

But NASCAR’s filing Monday indicates that NASCAR wants the Dec. 1 hearing to go on as scheduled, at least in part because it wants certain issues brought up in the case to be decided. Any decision by the appeals court would set a legal precedent, which could impact future lawsuits.

“This Court should address now – not months from now – those issues and findings in the [injunction] order which would have allowed Mayfield to endanger the lives of thousands of people by enjoining NASCAR’s suspension of an illegal drug user,” NASCAR states in its filing.

The issues include:

• Whether there is a same-day test for methamphetamine available. NASCAR argues there is not a same-day test for methamphetamine that would let NASCAR test a driver and later that day determine whether that driver could race on a given weekend.

• Whether keeping a driver such as Mayfield off the track constitutes “irreparable harm.” NASCAR argues that Mayfield did not show that he needed the injunction to prevent damages that couldn’t be compensated by a monetary award.

• Whether the public interest is served in the issuance of the injunction. NASCAR argues that in a disputed drug-test case the public interest of the safety of spectators outweighs the public interest of a driver’s right to make a living.


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Bob Pockrass

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