Saturday, February 28, 2009

Floyd Landis Rides Again

Floyd Landis has returned to professional cycling with team OUCH, formerly known as Health Net Maxxis. Floyd Landis participated in the AEG Tour of California after a two and a half year suspension for alleged testosterone use. The Tour of California was won by ASTANA rider Levi Leipheimer.

USADA CEO Travis T. Tygart made an announcement in the New York Times that Floyd Landis has agreed to pay the Court of Arbitration of Sport imposed fine of $100,000 in installments as a condition to continue racing. The timing of this announcement during the Tour of California by USADA after months of speculation among cycling fans as to the outcome of a lawsuit filed by Mr. Landis against the Court of Arbitration of Sport in United States Federal Court seems to be another attempt at sensationalism by Travis T. Tygart and USADA. In the lawsuit Mr. Landis alleged conflict of interest among arbitrators involving back room deals, vote trading, and corruption. Mr. Landis argued that this malfeasance amounted to blatant attempts by the Court of Arbitration of Sport arbitrators to persuade Anti-Doping Organizations to assign arbitrators additional business where they could expect favorable outcomes against athletes in doping arbitration cases. Mr. Landis also argued that in his appeal against the ruling of the AAA Panel where he was found to have used a prohibited substance (testosterone) in a split decision, that the Court of Arbitration of Sport arbitrators placed future monetary reward in the form of selection and work by Anti-Doping Organizations above analyses of sound scientific evidence of incompetence and sloppy laboratory practice by Chatenay-Malabry WADA accredited laboratory LNDD.

The Floyd Landis case was dismissed without prejudice in U.S. Federal Court. Apparently a settlement was reached between the parties at the time. No announcement of the agreement was offered by either side; therefore an assumption was made that some sort of confidentiality agreement was ordered by the Court. This assumption appears to be incorrect speculation in light of the Tygart revelation to the New York Times of an agreement of a payment plan by Floyd Landis to USADA.

USADA triumphs again against a probable innocent rider, Floyd Landis, who with the existing evidence will never be proven guilty with one hundred percent certainty given the abhorrent conditions existing at the laboratory where his samples were tested. Mr. Landis seems to want to move on with his life and his career and he seems to recognize at long last that he wasted a great deal of time and money fighting a system blessed with an incredible amount of largess, where athletes cannot prevail.

Floyd has retreated into a world from where he originated into cycling, reportedly living in a cabin like Charly Gaul did, in seclusion, focused on training. His marriage seems to have ended, his father in law a suicide.

Race on Floyd and win! You are not alone. You will always have supporters in this world, chin up. And ride like the wind. VV

1 comment:

DBrower said...

The case was dismissed WITH prejudice; it is terminal and dispositive.

There are good reasons to doubt Mr. Tygart's characterization of the settlement.

TBV