NASCAR to appeal Jeremy Mayfield injunction
NASCAR owner/driver Jeremy Mayfield waves to supporters before heading to U.S. District Court in Charlotte last week.
// Sam Cranston, NASCAR Scene
NASCAR is appealing U.S. District Court Judge Graham Mullen’s decision to issue a preliminary injunction lifting the suspension of driver/owner Jeremy Mayfield, the sanctioning body said in court documents today.
NASCAR filed a motion Monday asking Mullen to suspend his decision from last Wednesday until the appeal could be heard, a common request that is a prerequisite for an appeal in a case such as this one. NASCAR also filed a notice that it will file an appeal with the U.S. Court of Appeals in Richmond, Va.
NASCAR claims that Mullen failed to properly consider the sophistication and sensitivity of the Aegis Laboratories drug testing procedures used to conduct NASCAR’s tests and the fact that Mayfield’s expert stated that the level of methamphetamine (48,000 nanograms per milliliter) indicates that Mayfield might be a chronic user. NASCAR also questions Judge Mullen’s reasoning that Mayfield could be tested daily, including with a hair test, to see if he is a safety risk. NASCAR says that there was no evidence at the hearing “that a reliable and accurate same-day test for methamphetamine exists which can ensure Mayfield’s drug-free participation in upcoming NASCAR events.”
“Mayfield continues to pose a threat to public safety, thereby warranting NASCAR’s immediate appeal of this Court’s decision,” NASCAR states in its filing Monday.
Mayfield, who qualified for five of the first 11 races this season after starting his own team and has 433 career Sprint Cup starts, contends the May 1 drug test findings that prompted his suspension 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. He has also contended that NASCAR must follow guidelines that regulate federal agencies. NASCAR disputes those claims.
Because Mayfield passed a January 2009 drug test, an expert obtained by Mayfield, Dr. Harold Schueler of the Broward County (Fla.) medical examiner’s office, theorized in court papers that Mayfield is not a chronic user. He also says in an affidavit that pseudoephedrine, an ingredient in Claritin, could convert to methamphetamine if not tested properly.
Although the injunction reinstated Mayfield as an eligible driver and owner, he did not attempt to make the Coke Zero 400 last weekend at Daytona International Speedway. He issued a statement Saturday saying he was hoping to obtain the sponsorship necessary to enter this weekend’s race at Chicagoland Speedway, but he is not on the entry list.
“It is clear that Mayfield misled the Court about the need for a preliminary injunction to protect his livelihood given that – contrary to his representations to the Court – he failed to seek eligibility for the Fourth of July NASCAR race,” NASCAR said in its filing Monday.
Mayfield attorney John Buric said the appeal by NASCAR was expected, but Mayfield will remain focused on trying to get his team assembled to get back on the track.
“He’s leaving the legal wrangling to his lawyers, and he’s focusing on attempting to get set up to race if he can,” Buric said. “I don’t think he’s distracted [by this]. It certainly is in the back of his mind like it would be with anybody else. … I’m certain he’ll be annoyed by it and wonder when is it going to stop.”
Buric said he was unsure if Mayfield could get an entry ready for Chicago this weekend.
“It’s obvious to me he’s got a cloud over his head right now as far as the race teams are concerned, as far as NASCAR is concerned, as far as other owners are concerned – he can’t get a ride,” Buric said. “He obviously has trouble with his own group as the result of his delay in keeping his folks employed. It’s not easy. … He made a good, valiant effort last weekend that didn’t pan out."
NASCAR’s assertion that Mayfield’s failure to show in Daytona last weekend proved that he didn’t need emergency relief was “ridiculous,” Buric said.
“It’s ludicrous to suggest that because Jeremy wasn’t there racing, it wasn’t an emergency,” Buric said. “The emergency was getting him the ability to be able to race. The fact that the judge said [he] can, the judge didn’t give him money and say, ‘Here’s money to go get your team ready.’”
Mayfield is the first driver suspended under NASCAR’s random drug-testing policy implemented this year.
