Gatlin files appeals with CAS
Justin Gatlin's attorney claimed Thursday that the Olympic 100 metres champion has been the victim of discrimination and insisted the sprinter's four-year ban from competition should be overturned so he can defend his title this summer in Beijing.
Gatlin has taken his appeal against his suspension to the Court of Arbitration for Sport, and lawyers filed a brief on his behalf Monday.
"Our case is simple," attorney Maurice Suh said in a statement. "Justin should be allowed to compete in the June trials for the Beijing Olympics because the anti-doping authorities violated the Americans with Disabilities Act when it sanctioned Justin in 2001 for taking attention-deficit disorder medication and later used that sanction to bar him from participating in the Olympics."
The statement continued: "Punishing Justin for taking medicine that was prescribed by a doctor and does not enhance performance in any way is unfair and constitutes discrimination against a person with a diagnosed disability."
Gatlin tested positive for excessive levels of testosterone at the Kansas Relays in 2006.
He was given an eight-year ban - reduced to four years on appeal in January - as it counted as his second doping offense, the first coming in 2001 when he tested positive for amphetamines.
However, a two-year ban issued for that offence was lifted when it was ruled that the positive test was a result of prescribed medication for Attention Deficit Disorder, taken while Gatlin was a student at the University of Tennessee.
Gatlin wants the 2006 test treated as a first offence, which would carry a maximum ban of two years - time he has already served.
If a two-year ban were imposed for the 2006 test, Gatlin would become eligible in May, allowing him to compete in Olympic trials in June.