Alex Meshkin

Earlier today, Jeremy Mayfield was granted preliminary injunction from the U.S. District Court in Charlotte, NC – lifting his suspension levied by NASCAR – so he will be allowed to race this weekend at Daytona. This initial victory for Mayfield presents potential challenges for NASCAR and their credibility.

For those who are unfamiliar with the complexities of the judicial system, the legal threshold for receiving equitable relief is “irreparable harm” and without a question, IF Jeremy Mayfield is innocent, his continued inability to race, meets and exceeds this threshold for the U.S. District Court to intervene and provide relief to Mayfield. Or in the words of U.S. District Court Judge Mullen:

“Harm to Mayfield significantly outweighs harm to NASCAR”

While many in the NASCAR community may see this court proceeding as an isolated issue between Jeremy Mayfield and NASCAR – I believe this case could have significant rippling effects on the entire sport. Ultimately, it will challenge the “dictatorship” of the France Family and most likely require far greater transparency in NASCAR’s future actions. NASCAR’s arrogance may have finally caught up with them. Unlike any other major sport, NASCAR refuses to publish a list of banned substances – and Jeremy Mayfield claims (through his attorney) that NASCAR’s drug testing program does not meet federal workplace guidelines or follow proper procedure of SAMHSA [substance abuse and mental health services association].

But the greater dilemma that NASCAR faces is how to proceed with the ongoing Jeremy Mayfield legal battle. After NASCAR spokesman, Ramsey Poston, made accusations that Mayfield tested positive for methamphetamines, NASCAR would face a significant credibility challenge if they decided to settle the continued legal actions of Mayfield to circumvent continued discovery and future hearings/trials. However, on the flipside, the continued legal battle (Permanent Injection Hearing and Possible Civil Trial for Financial Damages) could expose very damning evidence for NASCAR and other competitors. It’s no secret that NASCAR “plays favorites” with their application of the rule book and other policies, so IF other competitors have tested positive for banned substances, and NASCAR failed to enforce their “policy”, it could cause severe and lasting damage to NASCAR. So everyone, watch out in the days and months ahead – lots of debris could be flying through the air.

NASCAR officials have notified team owners in the Nationwide Series that they will delay the introduction of the Car of Tomorrow (COT) in the Nationwide Series by at least one year. According to Ramsey Poston, Managing Director of Communications at NASCAR, the reason for the change is because “testing and development” is still needed before the car is approved for competition.
While that does sound very nice and tidy, the real reason is far more ominous – and the decision was based upon the economic impact on the independent teams in the Nationwide Series. The introduction of the COT would require teams to replace their entire fleet of race cars and it would be financially inconceivable and ultimately would devastate the Nationwide Series in 2009.
Back in May, I wrote an article Car of Tomorrow (COT) – Friend or Foe for the Nationwide Series; where I foretold of the impending disaster of the COT for the Nationwide Series and quoted Dale Earnhardt Jr. about his race team’s future plans and the viability of the Nationwide Series with the COT:

And they’re going to bring a COT in and we won’t be able to race in the Nationwide Series with the COT probably. That’ll just be too expensive to switch all that over. …And the COT program is going to be too expensive for me to justify creating a whole new program with COT stuff, so I’d just as soon go into the Cup Series or get out of the Nationwide Series altogether.

An official announcement is expected from NASCAR in two weeks.