A Hypothetical Case...

edited May 18 in General Discussion
The weather here is warm, which means I have to do the hated yard work, which means I have time to think, which means you all have to suffer.

The following occurred to me while cutting the grass:

Suppose that Lance Armstrong announces that he wants to swim, say, the Catalina Channel (or any other solo-type swim). Furthermore, he wants to do it under the auspices of the sanctioning body so, should he succeed, it will be official. Assume that he has done whatever qualifying swims or other things that the sanctioning body demands. Also assume that while the sanctioning body's rules state that no WADA-forbidden drugs may be used, they do not specifically ban a person under a drug suspension.

1) Should he be allowed to swim under the sanctioning body for an official time?
2) If not, since it is likely that the sanctioning body is not part of the WADA process, can they even refuse him if he has met all the published criteria?

I ask the latter because his lawyer would probably argue that the sanctioning body exists as a de facto public entity for the benefit of the public and since no drug testing is done by the sanctioning body, any drug rules are vacuous. Which lead to the next question:

3) If you believe that he should not be allowed to race, should the various sanctioning bodies add language to their rules to the effect of "No person who is currently under a drug ban/suspension from any sport will be allowed to be part of the sanctioning process"?

-LBJ
"Only those who will risk going too far can possibly find out how far one can go." - T.S. Eliot

Comments

  • NiekNiek Heiloo, NetherlandsMember
    edited May 18
    The sanctioning body can ask for a drugs test to be done on account of Lance Amstrong.

    edited because:
    I forgot that Lance was banned by the WADA for all their affiliated sports organisations I thought it was only for cycling.
    http://openwaterswimming.eu - Cold, wind, waves, sunburn, currents, jellyfish and flotsam! Hop in and join the fun!
  • The following is my personal opinion. If an organizing body subscribes to follow WADA doping guidelines or is under the umbrella of FINA (for example) then his ban should be upheld and prohibited from participation. If the sanctioning body is a private organization (ie MIMS, CSA, CSPF, etc) then I think it would be up to them to decide if a banned athlete should compete or Nottingham. (Maybe an answer to this is already written into some of their by-laws.) I wouldn't think that WADA would have the jurisdiction to tell these organizations what to do with regards who they let into their event(s). Let him swim if he wants to. I always like watching skinny dudes get cold.
  • gregocgregoc Member
    If the organization uses USMS for sanctioning/insurance then he would not be allowed to swim. Otherwise, if they do not have language excluding WADA banned individuals, I would guess they would have to allow him to swim.
  • bobswimsbobswims Charter Member
    I'm with swimmer25k on this one.
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