Judge sympathetic to Gatlin’s situation, but sides with USOC

By Melissa Nelson, Associated Press Writer
Thursday, June 26, 2008 | No comments posted.

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PENSACOLA, Fla. — Banned sprinter Justin Gatlin got support but no relief Tuesday from a federal judge who rescinded his order allowing the defending 100-meter champion to compete in this weekend’s Olympic track and field trials.

Judge Lacey Collier said that while he believed Gatlin “is being wronged,” he lacked jurisdiction over the U.S. Olympic Committee to determine who is eligible for the trials.

The former world 100- and 200-meter champion’s next recourse will be with an appellate court in Atlanta. Gatlin’s attorney, Joe Zarzaur, told The Associated Press that he will file an appeal this morning along with a motion asking the 11th Circuit court to reinstate the injunction during the appeals process, which would allow Gatlin to run in the trials.

“Justin’s been through the wringer,” Zarzaur said. “He’s had so many ups and downs. ... Of course he’s disappointed, but it’s not over yet.”

Zarzaur said the appeal will focus on the jurisdiction aspect of the case, something he felt he lacked in Pensacola on Monday.

“If we can find some jurisdiction in Atlanta, then we’re going to get our relief,” Zarzaur said.

Two weeks ago, the Switzerland-based Court of Arbitration for Sport upheld a four-year ban against Gatlin. He had asked CAS to rescind his first doping violation — from 2001 — which he had hoped would reduce his penalty to a two-year ban, allowing him to compete in the trials.

The 26-year-old sprinter’s first doping offense was a positive test for amphetamines at the 2001 junior nationals. The substance was part of medication Gatlin was taking for attention deficit disorder.

Gatlin received a two-year suspension but was reinstated after one year. He wants that offense erased, contending the punishment violated the Americans with Disabilities Act.

Gatlin’s second doping offense stems from a positive test at the Kansas Relays in 2006.

Collier wrote that he agreed with Gatlin’s argument, but lacked authority in the case.

“The result of this determination is quite troubling because Mr. Gatlin is being wronged, and the United States Courts have no power to right the wrong perpetrated upon one of its citizens,” Collier said.

He faulted the USOC for failing to consider the disabilities act.

“The basic argument from these defendants is that they are not interested in fairness for Mr. Gatlin; they are interested only in their rules,” the judge said.

USA Track & Field had no comment on the latest ruling.

The USOC said Collier’s ruling “affirmed that it does not have jurisdiction over this matter.”

“For Olympic athletes, the recognized bodies before which appeals are heard and ultimately decided are AAA and CAS,” USOC spokesman Darryl Seibel said. “This matter has already been brought before those bodies for adjudication and appeal, and decisions have been rendered.

“In our view, this matter is, and has been, closed.”

Organizers of the track and field trials in Eugene had been making plans Tuesday to have Gatlin compete in case Collier upheld his initial surprise ruling.

On Monday, lawyers representing USA Track & Field joined the U.S. Olympic Committee and the U.S. Anti-Doping Agency in trying to persuade Collier to reconsider the order.

The lawyers told Collier he didn’t have jurisdiction over a case that Gatlin had unsuccessfully appealed to international arbitration panels. When Collier didn’t immediately indicate whether he’d stand by his order, the USOC took its arguments to the federal circuit court in Atlanta.

Collier said in Tuesday’s order that if the higher court ruled that he did indeed have authority over the case, which he said was unlikely, he would rule in Gatlin’s favor.
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