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Judge blocks Gatlin bid to compete
(Agencies)
Updated: 2008-06-25 11:43 PENSACOLA, Fla. - A federal judge blocked on Tuesday a bid by banned Olympic 100 metres champion Justin Gatlin to compete in this week's U.S. athletics trials for the Beijing Games.
Judge Lacey Collier dissolved a 10-day restraining order that would have allowed the 26-year-old Gatlin to take part in the trials in Eugene, Oregon, starting on Friday. He also denied Gatlin's request for a preliminary injunction in the case. Gatlin's attorney said the decision would be appealed to the 11th Circuit U.S. Court of Appeals in Atlanta on Wednesday. "Any time a district court finds as a matter of law somebody has violated a statue then invites you to appeal....there is no downside to appealing," Joseph Zarzaur told Reuters in a telephone interview. Gatlin still hopes to compete in the Olympic trials. "He is enthusiastically supporting moving forward to the 11th Circuit," the attorney said. Judge Collier, however, ruled that determining the United States' participation in the Olympic Games was the "exclusive jurisdiction" of the United States Olympic Committee (USOC), not the courts. He said Gatlin, who suffers from Attention Deficit Disorder, had been wronged in the process that resulted in his suspension, adding, however, that the court had no power to right the wrong. "As courts have indeed held, issues regarding whether an athlete is eligible to participate in the Olympic Games or any of its qualifying events are reserved solely for the USOC, and the courts have no jurisdiction to entertain a private right of action that might impinge upon an eligibility determination," Collier wrote in his ruling. Zarzaur said he hoped to present additional information that would give the 11th Circuit the ability to find jurisdiction. Gatlin was suspended for four years after a 2006 positive test for the male sex hormone testosterone. The violation was ruled his second doping offence because the sprinter had also tested positive in 2001 for amphetamines that were part of a medication to treat Attention Deficit Disorder. He filed a lawsuit against the USOC, USA Track & Field (USATF), the U.S. Anti-Doping Agency (USADA) and the International Association of Athletics Federations (IAAF). Gatlin said the four organisations had violated the Americans with Disabilities Act when an arbitration panel used the first positive test to increase his penalty for the 2006 offence. "Mr Gatlin is being wronged, and the United States Courts have no power to right the wrong perpetrated upon one of its citizens," Collier wrote. "It is beyond dispute that the plaintiff properly challenged his suspension on grounds that the defendants' actions violated his rights under the Americans with Disabilities Act and the Rehabilitation Act of 1973, the very grounds he raises in this motion," he added. USA Track & Field had no comment on the ruling. USOC spokesman Darryl Seibel said the ruling affirmed the court did not have jurisdiction in the matter. "For Olympic athletes, the recognized bodies before which appeals are heard and ultimately decided are AAA (American Arbitration Association) and CAS (Court of Arbitration for Sport)," Seibel said in a statement. "This matter has already been brought before those bodies for adjudication and appeal, and decisions have been rendered." |
