Re: Les Earnest, HELP !

Les Earnest said:

Steve . said:

Les,
Could you please weigh in on this Tyler Hamilton/ Stazio criterium debate ?
Some of the rancor from another thread ...
blah blah blah ...

I recently received a call from a USA Cycling staff member asking what
became of the old USCF racing rule that prohibited riders from competing
in unsanctioned races, under threat of suspension. I told him that even
though we had enforced it a few times in the early 1980s I came to the
conclusion that it was illegal and first got it liberalized, then
removed, as follows.

(1) In 1987 the exclusionary rule was liberalized to permit riders to
enter all events permitted by the Amateur Sports Act of 1978 (Federal
Public Law 95-606).

(2) The prohibition on entering unsanctioned races was removed
altogether in 1996 because we believed it was inappropriate and might be
in violation of U.S. anti-trust laws.

Therefore there is currently no basis in USCF racing rules currently for
threatening suspensions over this matter, though there might be in USPRO
rules, which I haven't read for awhile.

Nevertheless, given that there is a UCI rule on this matter and that USA
Cycling has agreed to abide by UCI rules, there is an indirect basis for
threatening suspension. The question of whether that would hold up in
U.S. courts is another matter.

-Les Earnest

P.S. I'm still not a lawyer.

Hell Les, it's rational thinking like that that got you and the other
folks run out. I'd doubt that Gerard is real happy about this latest,
but as you point out he's between a rock and a hard place. Since
cycling doesn't have an anti-trust exemption and no real collectively
bargained agreement I hope a bunch of this stuff ends up in civil
courts. Now that would be fun to watch.
Bill C

Les, if I read that law correctly it maintains that the UCI may not
interfere in the governance of the sport in the USA. If they DO, then
the USCF no longer is autonomous and must relinguish their authority as
represetative of any and all of the Olympic sports.

So it looks like the UCI's windfall of getting Pro's into the Olympics
may backfire into their faces at least as far as the USA is concerned.

Has anyone thought about the fact that USA Cycling said they'd abide by
this rule, but also said they'd turn a blind eye as always if Tyler sat
out. Let's not kid ourselves here. The olnly reason USAC cranked down
or the UCI raised an issue is because Tyler was racing. I say that if
you're going to raise hell over a rule then ban Pro's from all the
training races. It's ridiculous that we're enfocing rules to get even
with someone who we cannot enforce. Why not tell Tyler he cannot race
anything or his suspension will be extended (as if that matters).

CH

Quoted message said:

Has anyone thought about the fact that USA Cycling said they'd abide by
this rule, but also said they'd turn a blind eye as always if Tyler sat
out. Let's not kid ourselves here. The olnly reason USAC cranked down
or the UCI raised an issue is because Tyler was racing. I say that if
you're going to raise hell over a rule then ban Pro's from all the
training races. It's ridiculous that we're enfocing rules to get even
with someone who we cannot enforce. Why not tell Tyler he cannot race
anything or his suspension will be extended (as if that matters).

CH

Careful Chris you're starting to sound like me on this issue ;-)
Bill C