Thursday
Nov122009
Barron Sues; PGA Tour Returns To Scene Of Past Triumph: The Courtroom
Cameron Morfit reports that Doug Barron has filed a civil suit and injunction request over his positive drug test.
The lawsuit also clarifies what Barron tested positive for: testosterone and beta-blockers.
"This was never a case of a guy in a back room taking creams or using needles," said Art Horne, his agent. "This was a guy taking what was prescribed to him by medical doctors for conditions that others have been given exemptions for. We feel Doug has been treated unfairly."
Barron is going to have to explain why, if this was a mistake and an unfair situation, why he issued this quote in a PGA Tour release?
Thursday, November 12, 2009 at 09:50 PM
Reader Comments (10)
At this point I don't care if he had medical reasons for taking the drugs he was taking - he knew the rules, he broke them, and should pay the consequences. If he wins this case the PGA Tour may as well not have a drug policy, because it may very well render it so full of loopholes it'd just be a waste of money.
I would agree with Erik that if there is a mechanism for applying for an exemption, he should have done so; the onus is on him to know and follow the rule.
However, if indeed he does have legitimate medical reasons for using the drugs, there should be an appeal mechanism whereby he can receive some more limited form of punishment. Something like the USGA's contingencies for amateur status, where you can be reinstated if, for example, you accept a prize over the limit, but are clearly an amateur golfer and not a professional, and not a real threat to amateur status.
Taking testosterone is not what one would do if they were looking for a true "steroid" type advantage; it's not an anabolic drug. This is prescribed often today by doctors because, for reasons not completely understood, many men today suffer from low testosterone levels, which is associated with fatigue and "other" issues. Beta blockers are used for high blood pressure and as prophylaxis against heart attacks in certain people, but obviously they are commonly used as PED's by musicians and other people for calming jitters, tremors, etc.
I think Barron's case is interesting and not cut and dried. I'd love to know more details.
"anabolic" means those metabolic processes that build the body (as opposed to catabolic, which are those that break it down). testosterone is the substance which is responsible for men being bigger and stronger than women. it helps build muscle and shorten the time it takes to recover from exercise and injury. my limited understanding of the history of performance-enhancing pharmacology is that most of the breakthroughs came about through trying to get the anabolic benefits of testosterone without the unwanted side effects -- one of which is metabolites that allow use of the drug to be detected.
anabolic or not, i think if a guy needs testosterone replacement for a medical reason (one that would apply equally if he were not a professional athlete), then he should be able to get an exemption.
NOW, he decides that the best route to take is the court system and a civil suit - which will cost him lots of money that he doesn't have.
I wish I was a judge in cases like this. "Mr Barron, as a professional golfer, you are an independent contractor and therefore responsible for your own career and your own actions. The PGA Tour published their list of banned substances, and you took them anyway without notifying the Tour of your medical situation."
"I therefore find in your favor, Mr Barron, and charge the PGA Tour to pay you treble damages in the amount of your total Nationwide Tour winnings for the 2009 season, ($0.00), but you will have to pay your own legal fees...because you are an idiot and have wasted this court's time."
Whatever happened to men behaving like men ? Admit you screwed up, go talk to the Tour, explain and apologize, then get back to the range because you have a lot of practicing to do before Q school.
You can't contract to give away your civil rights.