NASCAR safety compromised by Mayfield ruling

Image by Getty Images for NASCAR via Daylife

NASCAR has spent years working to improve safety in a sport that has seen more than its share of deadly accidents in its history. One of the more significant changes came this offseason with the introduction of a random drug-testing policy, which was implemented after a driver acknowledged using heroin on race days.

But in a ruling that has suddenly made NASCAR a less safe sport, a federal judge in Charlotte, N.C., decided Wednesday that the well-being of drivers on a racetrack is secondary to the rights of the accused. Judge Graham Mullen ruled in favor of driver Jeremy Mayfield, who had sued NASCAR after he was suspended indefinitely on May 9 for testing positive for methamphetamines. Mayfield was granted a temporary injunction allowing him to race again after arguing the test was faulty, the result was wrong and he suffered financial damage.

“The court finds the harm to Mr. Mayfield significantly outweighs any harm to NASCAR,” Mullen said in his ruling.

So financial harm is more significant than potential death? That’s essentially what the judge ruled in this case. Because NASCAR is not like other sports, where the accused can and perhaps should be able to continue competing while appealing a failed drug test. Putting a swimmer back in the water or allowing a cyclist on the road doesn’t create unnecessary risk for other competitors.

In NASCAR, the risk is obvious. Judge Mullen didn’t merely decide that Mayfield was innocent until proven guilty. He decided that every other driver on the track was required to risk racing at speeds approaching 200 miles per hour next to someone who could be on drugs, until some drawn-out legal process is complete.

This is not just about Mayfield. By ruling against NASCAR, Mullen has set a precedent for the next driver who tests positive for drugs. Whether that driver is on heroin — as Aaron Fike admitted last year to using on race days — or any other drug, he will be allowed to return to the racetrack immediately pending legal challenge. And there isn’t much NASCAR can do to stop it.

Mayfield admitted that he raced in Richmond in May while taking the prescription drug Adderall, which is used for Attention Deficit Hyperactivity Disorder but is banned by some sports, as well as allergy medicine Claritin-D, which causes drowsiness. Whether he should have been behind the wheel while on those medications deserves consideration, regardless of the accuracy of the methamphetamine finding.

And that’s where this court ruling might have one upside. After 60 years of our-way-or-the-highway management, including the unilateral implementation of random testing without even listing all banned substances, NASCAR might finally have to negotiate with drivers to formulate a drug policy that is agreeable to all sides, allows for independent arbitration and prevents legal challenges that compromise safety. Clearly, NASCAR can’t allow this to happen again.

In the meantime, Mayfield told reporters on Wednesday he planned to be at Daytona International Speedway on Saturday night when the Coke Zero 400 Sprint Cup race is held. Mullen said NASCAR can continue to test Mayfield for drugs while he competes. But a failed test won’t matter in the short term. He apparently can race indefinitely no matter what is in his system as long as the appeals last.

Here’s one question Mullen might have thought about asking before making his ruling: Is there another driver in NASCAR who wants to be in a racecar next to Mayfield on Saturday night?