American loses bid to prevent arbitration hearing
Lance Armstrong’s attempt to overturn the US Anti Doping Agency’s charges against him in the Federal court system proved unsuccessful today, with Texas judge Sam Sparks ruling in favour of the agency and dismissing his case.
Sparks, who received final submissions from both sides on Friday, delivered a response which makes it clear that the case is one for the sporting bodies to settle rather than the federal court system. The judgement ruled that ‘the Court finds: 1) Armstrong’s due process claims lack merit, and 2) the Court lacks jurisdiction over Armstrong’s remaining claims, or alternatively declines to grant equitable relief on those claims.”
He also said that the court “should not interfere with an amateur sports organization’s disciplinary procedures unless the organization shows wanton disregard for its rules, to the immediate and irreparable harm of a plaintiff, where the plaintiff has no other available remedy.”
He said that he didn’t consider this to be the case. Sparks added that USADA’s arbitration rules are ‘sufficiently robust,’ and follow the guidelines of the American Arbitration Association.
USADA has given Armstrong until this Thursday August 23rd to decide if he will accept the charges and the resulting sanction, or if he will opt for arbitration.
“We are pleased that the federal court in Austin, Texas has dismissed Lance Armstrong’s lawsuit and upheld the established rules which provide Congressionally mandated due process for all athletes,” said USADA’s Travis Tygart in response to the ruling.
“The rules in place have protected the rights of athletes for over a decade in every case USADA has adjudicated and we look forward to a timely, public arbitration hearing in this case, should Mr. Armstrong choose, where the evidence can be presented, witness testimony will be given under oath and subject to cross examination, and an independent panel of arbitrators will determine the outcome of the case.”
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