Pat McQuaid; Assume Some Responsibility

The 2009 Tour de France has had some unexpected turns but nothing seemed more fitting than watching Tom Boonen hit the deck after touching wheels on wet pavement during Stage 6. Boonen was probably thinking of free basing another huge rock of crack cocaine and firing up the pipe, not about racing his bike. Indeed. Tom Boonen, got an unexpected reprieve from the Court of Arbitration of Sport after testing positive for recreational cocaine use. Apparently there is no prohibition of cocaine use by riders out-of-competition. Therefore neither the ASO or the UCI has any legal basis to exclude this miscreant from the Tour de France. This is very good news for people who make a profession out of stealing bicycles to sell to a Mexican drug cartels for crack cocaine. Once your bicycle is traded for cocaine, the group sets are stripped and sold on Craigs' list or E-Bay and the frames are chopped into bits and sold as scrap metal. Tom Boonen is probably the cycling hero of these thieves. Some fans of Tom Boonen probably think there is nothing better in life than depriving people who rely upon cycling as their primary form of transportation and recreation, people who don't own cars, of their bicycles, for drugs.

The UCI and Results Management

This raises issues that should have been resolved long ago about the results management of rider behavior and who should be responsible for punishment of offenses. In my opinion the UCI has abdicated this responsibility in favor of WADA and the Court of Arbitration of Sport.

When a rider submits a sample for testing, once the urine or blood is collected it becomes the property of the UCI. Therefore, the management of the sample becomes the responsibility of the UCI, not WADA or the AFLD. In theory, the UCI could refuse to allow any WADA accredited lab to do any testing on a UCI licensed rider.

The UCI could refuse to accept any extra legal judgements of UCI licensed riders as was done to Floyd Landis. Floyd Landis was licensed in the United States and was suspended by USA cycling upon the decision of the Court of Arbitration of Sport. The AFLD also forced Floyd Landis to sign an agreement to suspend racing in France for two years. The AFLD action probably had no legal basis for this suspension.

In theory, the UCI could exclude the Court of Arbitration of Sport and any or all related International Olympic Committee entities from participating in UCI licensed rider results management. The basis for this exclusion would be related to the property issue. The UCI could argue that since they are the legal owners of the samples that arbitration of rider results could occur outside of IOC jurisdiction.

Pierre Bordry Shoots His Mouth

The USA Today reported that Pierre Bordry has accused the UCI of lax testing for the 2009 Tour de France. Apparently Pierre Bordry thinks that when the AFLD was responsible for the testing during the 2008 Tour de France that rider testing was more thorough. Pat McQuaid denied Bordry's accusations as unfounded.

Quaint. In my opinion Pat Mcquaid should have been more forceful in his statement. First, the UCI has responsibility for the results management of the 2009 Tour de France. Second, the laboratory samples of Lance Armstrong are being tested 24/7 for all known substances and deviations in biological parameters. Lance Armstrong has provided the largest quantity of longitudinal biological passport data ever collected on one man in the history of the world. So, it is logical to conclude that if some variation exists that suggests performance enhancing drug use we will find it. Third, we are relying upon a WADA accredited laboratory at Chatenay-Malabry, known as one of the most unreliable and lax testing intuitions in the world. Perhaps it would be more prudent if Mr. Pierre Bordry would spend his time and money on monitoring the accreditation audits and reviewing the training and competence of the laboratory personnel of LNDD rather than accusing the UCI of lax testing schedules for UCI licensed riders. Fourth, providing that there is any urine and blood left after the rigorous testing of Lance Armstrong during and presumably after the Tour de France, there is still a matter of retroactive testing to be done after developing future tests to detect experimental drug combinations or to refine testing procedures of performance enhancing compounds that currently have no tests; before the statute of limitations run out. Eight years is plenty of time.

Watch the Tour

Pat McQuaid should give this advice to Pierre Bordry. Shut up and watch the Tour de France! Mark Cavendish and Thor Hushvold are in a battle royal for the sprint jersey. Alberto Contador and Lance Armstrong are fighting each other for the race lead. This race may not be decided until Mont Ventoux! Wonderful!

Like the Giro d' Italia there may be no Tour de France PED positive tests, perish the thought.

Enjoy the Tour everyone!