Analyzing Doug Barron's Case Against the PGA Tour
Doug Barron, the man to become the first player suspended under the PGA Tour's Anti-Doping Program, has filed suit in US District Court in Memphis, Tennessee, to seek an injunction against the PGA Tour.
Barron wants the courts to overturn his one year suspension and force the PGA Tour to compensate him for the damage to his reputation by being branded a cheater.
The suit alleges that Barron was suspended for testing positive for a beta-blocker, Propranolol, that Barron claims the Tour knew he was taking and has been taking for some 22 years. Further, Barron alleges that the Tour denied his request to continue using the drug under a Therapeutic Use Exemption (TUE) that can be granted under the Tour's program policy. Instead, the Tour suggested that Barron wean himself off of the drug. He was trying to do that when he failed the test that caused his suspension, Barron claims.
The PGA Tour's Anti-Doping Program Manual says that a Therapeutic Use Exemption can only be granted if the following four conditions are fulfilled:
- The player would experience a significant impairment to health if the Prohibited Substance or Prohibited Method were to be withheld in the course of treating an acute or chronic medical condition
- The therapeutic use of the Prohibited Substance or Prohibited Method would produce no additional enhancement of performance other than that which might be anticipated by a return to a state of normal health following the treatment of a legitimate medical condition
- There is no reasonable therapeutic alternative to the use of the otherwise Prohibited Substance or Prohibited Method
- The necessity for the use of the otherwise Prohibited Substance or Prohibited Method is not a consequence, wholly or in part, of a prior non-therapeutic use of any substance on the PGA TOUR Prohibited List.
In other words, a TUE will be granted if there isn't a better alternative and the drug in question wasn't prescribed to treat problems from using another banned substance. There is a process of filings and appeals that Barron may have gone through, which were ultimately denied by the Tour.
Also, the player can file for a retroactive TUE within 30 days prior to a tournament. Such a filing is only granted if "the player undergoes, at his expense, all testing procedures required by the PGA Tour’s TUE Committeeand where the medical justification for the TUE is clear." Further, this filing requires a fee of $10,000. It would be a Get Out of Jail for $10,000 card.
This would not really explain Barron's positive test, though, provided that the positive test likely happened in September.
Now, this is the same guy that was quoted in the PGA Tour's press release on the subject as saying:
"I would like to apologize for any negative perception of the TOUR or its players resulting from my suspension. I want my fellow TOUR members and the fans to know that I did not intend to gain an unfair competitive advantage or enhance my performance while on TOUR."
So, if Barron is right, his quote is put into context. Remember, at the time of the announcement, we wondered here why Barron did not outright admit to taking the drugs to gain an advantage. His term "negative perception" really was a clue that Barron felt he had done nothing wrong. His lawsuit explains his side of the story.
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Who, in their right mind, has “branded him a cheater” ? I have seen blog after blog, article after article get the story completely wrong and blew it out of proportion by assuming steroids. None of this is the Tour’s fault.
Barron himself made a public apology, but didn’t announce what he tested positive for until he hired some ambulance chaser to file the suit.
Barron didn’t notify the Tour of his medical condition or medications – again – not the Tour’s fault.
So far, the Tour has done nothing wrong – but someone has gotten into his ear and told him that he can score some cash by taking the Tour to court and finding an ignorant jury to feel sorry for him…at least a third of which will go to the ambulance chaser.
Give me the gavel, your honor. “Mr Barron, you’re an idiot for hiring this lawyer, who will soon be disbarred for wasting this court’s time. You will pay the PGA Tour’s legal bill, you get NOTHING, you LOSE, good DAY, sir.”
Be a man – admit that you screwed up – get the doctor to explain the situation and ask them NICELY to let you play in Q-school and hope to god that you get some playing priviledges and manage to make a cut next year.
"this ball will fit in that fairway"
by courtgolf on Nov 13, 2009 11:22 AM EST reply actions 0 recs
I have seen blog after blog, article after article get the story completely wrong and blew it out of proportion by assuming steroids.
That’s true and I was guilty of it too. I wrote a long treatise explaining what steroids were and how they worked. I even got it wrong that the test had yielded positive for steroids, which I corrected.
On the other hand, Court, keep in mind that I suggested that a beta blocker might be involved too here and that there had been accusations by players in the past (not named Gary Player, btw) that other players abused them. You disagreed at the time, and it looks like we were both partially correct – me with the posit that a beta blocker might be involved, you in that Barron probably wasn’t using them to enhance performance.
The court documents mention exogenous testosterone, and that’s the one that has me truly curious. Why would Barron be using them, and what medication creates their presence? But like I just said, I am curious, not pointing a finger.
As for this case being brought by an ambulance chaser, we will see. Let the evidence come forth and let’s see if Barron has a real grief or if he is dumber than two bags of rocks for dragging himself through the mud.
by Old Man Par on Nov 13, 2009 11:56 AM EST reply actions 0 recs
the stories I have read, the testosterone treatment is to get his level back up to a “normal” level for a man his age.
the beta blocker he’s taking is to correct another medical condition. I think your piece said he could be taking the beta blocker just to calm his system so his putting could be better.
I still think it’s dumb for him to go this way – where he will be crushed unless he gets a bunch of “oh that poor man” jurists.
"this ball will fit in that fairway"
by courtgolf on Nov 13, 2009 1:36 PM EST up reply actions 0 recs
Agreed, but I can see the “why” of why he was denied TUEs for those two drugs.
by Old Man Par on Nov 13, 2009 2:31 PM EST up reply actions 0 recs
who said he notified the Tour of his treatment drugs ?
"this ball will fit in that fairway"
by courtgolf on Nov 13, 2009 2:44 PM EST up reply actions 0 recs
“Barron, according to the lawsuit, sought a Therapeutic Use Exemption for the medication that he was legally prescribed by his doctor. According to the papers filed in court, the Tour refused him the TUE:
In October 2008, Barron was refused a TUE for Propranolol and was instructed by the PGA Tour to wean himself off the drug, the complaint alleges. In January 2009, Barron was denied a TUE for exogenous testosterone and instructed to immediately stop taking the drug."
- Alex Miceli, Golfweek.
If he sought a TUE for the two drugs he obviously notified the Tour.
by Old Man Par on Nov 13, 2009 3:12 PM EST reply actions 0 recs
good enough for me – at least he wasn’t instructed to wear bowties, too. (lol)
"this ball will fit in that fairway"
by courtgolf on Nov 13, 2009 3:27 PM EST up reply actions 0 recs

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