NASCAR Chairman Brian France defends Mayfield suspension, substance-abuse policy
NASCAR Chairman Brian France spoke to the media concerning the sport's policy on drug abuse on Friday at Daytona International Speedway. // David Griffin, NASCAR Scene
DAYTONA BEACH, Fla. – Two days after seeing a NASCAR ruling overturned by a U.S. District Court judge, NASCAR Chairman Brian France passionately defended NASCAR’s substance-abuse policy Friday at Daytona International Speedway.
Driver/owner Jeremy Mayfield, whom NASCAR states tested positive May 1 for methamphetamines, obtained a preliminary injunction Wednesday to keep NASCAR from enforcing an indefinite suspension issued May 9. Mayfield has said he never used methamphetamines and questioned the procedures of Aegis Laboratories, which conducts NASCAR’s drug tests.
“We just don’t walk around suspending anybody that we feel like,” France said. “We take it very, very seriously. There is a detailed process from how people are tested, from the chain of custody on to one of five world-class accredited laboratories, with some of the best in the world who do this thousands of times a day for lots of different groups and private groups, public groups, sports leagues, and the like.
“And [the tests] are very exact, it’s the nature of tests, they should be. … We have two samples from an individual [and] that it’s the right of the person who tested positive, before we’ll suspend them, to test that second sample to make absolutely sure that the conclusions are accurate. And that was the case with Jeremy.
“And we went further than that. We even went to another laboratory with two more tests, and they both had the same exact conclusions. And so, beyond what more we can do from a fairness in the process? At some point when you have a positive test, it should be the end of the road.”
Mayfield, who qualified for five of the first 11 races this season after starting his own team and has 433 career Cup starts, contends the drug test findings resulted from a combination of prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and over-the-counter Claritin-D allergy medicine.
Mayfield has an expert, Dr. Harold Schueler of the Broward County (Fla.) medical examiner’s office, who states in an affidavit that the amount – 48,000 nanogram per milliliter – of methamphetamine in Mayfield’s body indicates a person is a chronic, habitual methamphetamine abuser. Since Mayfield passed a January 2009 test, Schueler theorizes that Mayfield is not a chronic user. He also says that the pseudoephedrine (in Claritin) could convert to methamphetamine if not tested properly.
NASCAR and its drug-testing supervisor, Dr. David Black of Aegis Laboratories, dispute that the drug test could have been a false positive.
“We are very comfortable that that test is accurate and reliable and will hold up, ultimately, when all of the facts are heard,” France said. “Everybody can say, you know, they don’t believe they did something. That kind of happens when people do something wrong, typically.”
France was possibly most passionate about the fact that NASCAR is restricted in this case from enforcing rules designed to keep the sport safe.
“We will stand by our right to protect all of the drivers, all of the fans, from somebody, and just because they said, ‘I didn’t do it,’ or something could have gone wrong with the test. People can say that, but our test is thorough [and] the process is complete,” France said during his midseason news conference. “If we can improve it, like we have [in other areas] – we inspect the cars differently than we did last year. We improve all kinds of things from a policy standpoint. We are open to doing that.
“But if you are asking me, does the policy fit the intended outcomes that we are trying to have, which is to prevent somebody from being on the track impaired? Are we doing everything that we can do? That’s our responsibility. I think we are. And if we can do more, we will.”
Part of Mayfield’s defense was the “chocolate-milk defense” – that NASCAR, without having a list of banned substances, can suspend anyone for any drug or substance it wants. France said there is a list of drugs, but that it’s impossible to come up with a list including every illicit drug.
“You can abuse a lot of things, and there are also drugs that we are not aware of that hit the street that are created,” France said. “So by definition, we are not going to have an absolute list of things that if you just don’t test for those, then you’ll be deemed, found good to go and that’s not impaired.
“Unfortunately with the inherent risk element that we have in the sport, our tests have to be deeper, thorough, have a little more flexibility to make sure that we are upholding our responsibility.”
Mayfield is the first driver to be suspended under NASCAR’s new random drug-testing policy implemented this year. France made it a point to say that prescription drugs and over-the-counter drugs are typically OK once approved on an individual basis by NASCAR.
“We don’t need to get silly about this – this chocolate-milk business and NASCAR is going to wake up and chocolate milk is [on the list],” France said. “We are talking about what impairs someone’s ability to drive the car. And so we have the right amount of flexibilities when we know we have to suspend a driver. We have tests all the time where we get positive tests, for one substance or another or prescribed or over-the-counter.
“We don’t just go laying the hammer down and ruining someone’s career. That’s not what we are talking about when we are talking about Jeremy’s situation. You know what he was tested for. That’s unequivocal. There’s not confusion about that from a science standpoint.”
