"I don't assume they are correct "all the time". I do, however, assume that lab tests in which both A and B come up positive are correct." -Bull
"Ahhh! Now I see. You get paid for getting proven dirty cheating athletes back into the game again. You have just identified yourself as a complete scumbag." Read below:
Your knowledge on drug testing is lacking! If 7 athletes now have proven the EPO test to be false positives in European court systems and WADA has been overturned on this test 4 times to my knowledge. How does an A and B confirmed mean anything in terms of consistency? This test is bad (EPO) and there are 3 others not currently in use that are better. The EPO test and the blood transfusion test are admittedly, by Dr. Catlin or Dr. Hans Heid to be anywhere from 60-90% accurate with latest numbers of 1 in 20 chance of a false positive with protienurea! Would you like your life determined on those odds? I would not. So is defending athletes who test positive to EPO and can prove proteinurea a bad job, no it is justice for those wrongly accused. If Lagat was positive truly to EPO and tested by USADA or WADA statistics over 12 times in the past 30 months, why are all the rest of the tests completely negative? Do you vote for Bush too, as he is the biggest Anti Doping advocate, yet 99% of the Texas Ranger where doping while he owned the team and he paid for it. There is no black and white as you like to make it with this type of issue. If I have gun in my hand and my wife is dead, did I do it or did I find the gun on her after the murder occurred. Wrongful prosecution and innocent people get charge; it is a fact of life. Asmae was never innocent, but these are those who are and deserve representation.
"By the way, I couldn't care less if you "know Howard Jacobs personally" but I just tried your link.
http://athletelawyer.com
is a domain name up for sale. Looks like Howard's business isn't doing so well. How long has it been since you've been in touch with your old buddy?"
My bad
www.athleteslawyer.com
. I spoke to Howard yesterday and emailed him 3 times today, so I have regular contact. I forgot to type an s for athletes not athlete.
McVeigh stated:
"Eligible" does not mean "sufficient." Lezgoui serving out her suspension is "necessary" for her to compete. Yet it is not "sufficient" to be allowed into a private event.
Analogy: I am eligible to be the starting quarterback of the New York Giants. But the team doesn't want me even though I want to make my living as a football player and legally nothing's preventing me. It's their team and they can do what they want.
Is there an open try out and registration on active.com for the job of starting quarterback for the NY Giants. I think there was just a move about Marky Mark Wahlberg getting an open tryout and making the Eagles roster. This is private and not a sanctioned event for all "eligible" athletes under international guidelines. I agree with your perspective McVeigh, but she is allowed to compete as long as rules were complied with prior to the competition. If the race has an open entry policy it is DISCRIMINATION period if she was eligible and entered through this process, no other definition applies, Sir.
Back to Bull:
"Nor does it say they may not be kept out for reasons other than eligibility"
- you just defined discrimination, regardless of the form, to be kept out for reasons other than eligibility is DISCRIMINATION, PERIOD!
"Yes it does. They are discriminating between clean athletes and dirty athletes."
Again ACLU approachable and outright discrimination, use the rules against her as she is likely 99% chance not in compliance. We (the USA) are the supposed world leader in stopping discrimination, not allowing it to discriminate between once on drugs always on drugs, etc.
"The ACLU is not "all over this one" because they have no leg to stand on. There is nothing in Federal law to prevent them from keeping out a proven dirty athlete, whether they have served a suspension or not. They are not being discriminated against on the basis of race, gender, age, or disability. They are being discriminated against on the basis of their OWN PAST ACTIONS."
Discrimination on any issue is discrimination and unless there are legal rules established stating that "own past actions" are reason to omit someone who is otherwise eligible to compete, Elite Racing loses the argument. There is no such law and this is clearly discrimination as to not be it would have to be stated like the pedophile (sp check) and felony conviction laws that prevent someone from voting, period. Are you 15 or 18 years of age, Sir?
"For much the same reason, a convicted pedophile, now released from prison, may legally be prevented from working with children. Also for the same reason, the ACLU isn't going to rush to take up his case."
Your own argument says, "May legally be prevented". Rules or laws are in place, but no so in regards to athlete participation once eligible to compete!
"Actually no my reasoning does not extend into that conclusion since the IAAF rules clearly state that they must NOT allow ineligible athletes to compete. The issue here is that the IAAF rules do not force them to allow "eligible" athletes to compete"
So eligible is based on personal opinion, not the word itself, huh? Elite racing does not, I repeat, DOES NOT, make the rules regarding eligibility and does not have the right to disallow this athlete. These are the rules, are you really so unintelligent that you believe eligibility has a sub clause stating "based on the preference of the event?" Not if they are sanctioned by the IAAF through USATF and have an open entry process. This has been discussed by USADA and USATF and Elite Racing is wrong, whatever you say makes no difference. The facts are on my side of this argument and I don't agree with them in this particular athlete’s case, but I know the application of the rules.
Finally, life lesson:
"As soon as the doping rules say that a sanctioned event MUST allow any eligible athlete to compete, you'll have a point."
There are no such rules. The rules existing are up for interpretation. Your interpretation is clouded by bullshit opinions and a hate for those who have been found guilty of doping. I am on your side of this issue and agree with your opinion, which still does not change the fact that she had the right to compete in Philly and Elite Racing did not have the right to take her out of the race. Elite Racing will get away with this here, but the interpretation of the laws (what judges do after legislator make the laws) simply says, she can compete in this type of race and elite racing was wrong. No other answer will you get form USADA, WADA, IAAF, USATF, USOC, or the IOC. I know because I have discussed such issue in this realm and I ask you to contact Jacobs or Tygert if you want a more in-depth answer than I can give you. I really don't want to argue with you because I applaud Elite Racing and Mike Long, but it does not change that it was the wrong decision.