Mayfield preparing for legal fight over drug suspension
Suspended driver/owner Jeremy Mayfield continued to fight NASCAR’s stance that performance-enhancing or illegal drugs produced his positive drug test May 1, and he hired someone with a big voice to speak for him.
Noted Charlotte attorney Bill Diehl, whose firm’s clients include Hendrick Motorsports and NASCAR team co-owner Felix Sabates, is representing Mayfield in the controversy.
Although Mayfield had not filed suit as of May 25, Diehl said it remained a possibility.
NASCAR indefinitely suspended Mayfield on May 9 over the positive test. NASCAR Chairman Brian France indicated May 15 that an indefinite suspension such as the one Mayfield received is for a positive test of performance-enhancing or illegal recreational drugs.
Mayfield denied May 16 that illegal drugs caused the positive test and suggested that a combination of a prescription drug and Claritin-D resulted in the positive test.
“We are going through this methodically, and we’re doing a lot of things,” Diehl said in a phone interview May 22.
A day earlier, Diehl and Mayfield met with NASCAR Vice President of Operations Steve O’Donnell and NASCAR attorneys for more than an hour in what was characterized by both sides as a cordial discussion. But those discussions didn’t result in a resolution of the issues
“We’re contesting everything that happened,” said Diehl, who would not say what drug Mayfield tested positive for. “We hope that it’s a mistake. … Jeremy doesn’t believe he’s done anything that supports being suspended for use of drugs.”
While Mayfield is suspended, J.J. Yeley is driving the No. 41 Mayfield Motorsports car. Yeley failed to qualify for the May 24 Coca-Cola 600. Mayfield’s wife, Shana, is listed as the team owner during his suspension.
Diehl said he would like to get Mayfield back on the track as soon as possible, but said there’s no timetable for the legal proceedings.
No matter what happens, Mayfield has been harmed, Diehl said.
“Have you ever heard of damage to reputation being undone?” Diehl said. “I never have.”
NASCAR spokesman Ramsey Poston said May 21 that Mayfield remained suspended.
“I would agree that [the meeting] was cordial,” Poston said. “[Diehl] just wants to get Jeremy back in the car and there’s a very well-defined process for that and he needs to meet with Dr. Black, who will prescribe a very specific program for him to follow. If he successfully completes that, he can seek reinstatement from NASCAR.”
Mayfield is the first Sprint Cup driver to be suspended for violating NASCAR’s substance-abuse policy since Tim Richmond in 1988 and the first suspended since NASCAR instituted random drug testing this season. Black’s laboratory conducts the testing.
No driver has been successful at legally challenging a NASCAR positive drug test.
Speedway Motorsports Inc. Chair-man Bruton Smith, who also has used Diehl on occasion, said Diehl is a tough lawyer who can be mean in depositions and will test the patience of his adversaries.
Smith is among those advocating that NASCAR release the substance involved, a move he said might dissuade Mayfield from filing suit.
“We don’t need this lawsuit in our sport, but it appears it’s going to happen and it would be a lot better if it didn’t happen,” he said. “Maybe there’s a way that NASCAR could make a few changes here [in its policy] and maybe there would be no lawsuit.”
