Is the PGA Tour Hiding Positive Drug Tests?

by Ryan Ballengee on Nov 16, 2009 12:22 PM EST Comment 23 comments

The lawyer for Doug Barron - the first PGA Tour player suspended under the Tour's Anti-Doping Program - implied that the Tour is hiding positive drug tests from the public. He discussed this in his filing of a lawsuit against the PGA Tour in Memphis last week and in a conversation with Lawrence Donegan of The Guardian.

Jeffrey Rosenblum told Donegan:

"I cannot say how many positive tests there have been on the tour but from discussions I have had with my client and other people, I believe the number is significant. I am very concerned that if the PGA Tour knew of even one person who took an illegal drug and yet chose not to punish that person, while at the same time my client was thrown out of the sport for one year. I believe that is an abuse of discretion."

As we here at Waggle Room uncovered in looking at the policy closely, the PGA Tour does reserve the right to (a) not disclose a positive test for drugs like cocaine and marijuana (i.e., "drugs of abuse") and (b) not suspend a player for said positive test.

Rosenblum is accusing the PGA Tour of abusing its stated and adopted discretion for both revealing positive tests and levying penalties against players that do test positive. The concern here is not necessarily that players have tested for smoking weed, but that they tested positive for another drug that may help their performance. (Though who's to say that playing stoned wouldn't ease the nerves a bit.)

With a lawsuit pending and the Tour having had a bad experience last time in court against Casey Martin, it seems almost imminent that the Tour will likely have to release the names of players who have tested positive for any substance - either in court filings or preemptively in public. Then again, that would be a blatant violation of their own program rules. Without a player's union to collectively stonewall the Tour, though, there may not be a lot of options.

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Comments

Ah yes – what a great lawyer this guy is – if you can’t dazzle ’em with brilliance, baffle ’em with Bullsh!%.

PLEASE PLEASE PLEASE !! Let me sit on the bench for this trial !!! The world will be saved from one less idiot, corrupt lawyer.

If Barron had been black, for example, the race card would have been played so fast it would have made everybody’s head spin.

"this ball will fit in that fairway"

by courtgolf on Nov 16, 2009 12:27 PM EST reply actions 0 recs

that makes no sense whatsoever

Which performance inhibiting substance are you imbibing with your lunch, CG?

Truth has a well-known liberal bias.

by dianemarie on Nov 16, 2009 12:37 PM EST up reply actions 0 recs

ok – I’ll type this one slowly…

Barron’s lawyer is DEFLECTING with this accusation. He has no proof of what he’s saying – and it has absolutely no bearing on the situation. The guy tested positive for banned substances – making a wild statement like “the Tour is hiding other positive tests” doesn’t make his client’s postive test any different.

What he is trying to do is deflect the attention off of Barron and on to the Tour.

"this ball will fit in that fairway"

by courtgolf on Nov 16, 2009 1:15 PM EST up reply actions 0 recs

More or less, Finchem said that there were likely some positive tests for marijuana, et al, that were not published.

Find me! Email: ryan@thegolfnewsnet.com, Twitter: http://twitter.com/waggleroomryan, or Facebook: http://facebook.com/waggleroom.

by Ryan Ballengee on Nov 16, 2009 1:20 PM EST up reply actions 0 recs

Hmm – I can’t see that holding up in court, either. “yes, your honor, Mr Finchem more or less said that there were likely some other positive tests.” “mr Rosenblum…or rosenrosen…or whatever your name is – we require actual proof of these statements…the statement will be stricken from the record, the jury will disregard, and mr rosenblum will be held in contempt of court for thinking his honor is really that stupid.” :-)

"this ball will fit in that fairway"

by courtgolf on Nov 16, 2009 1:33 PM EST up reply actions 0 recs

If you ever need one, I hope you have an attorney who is astute at deflecting attention from you. That’s in the job description and part of pre-trial posturing. I’m not sure why you’re whining about it when you should be laughing your butt off.

Truth has a well-known liberal bias.

by dianemarie on Nov 16, 2009 1:25 PM EST up reply actions 0 recs

D – you apparently don’t know me very well, and have a very strange opinion of what the court system is supposed to be about. If I ever did something like that took me to court, I would face up to it. Lying to the court and trying to excuse doing something wrong is just abhorrent to me. I can’t believe you, a golfer, would think that way. That is NOT the job of a lawyer – unless you find corruption and ignorance of justice funny.

"this ball will fit in that fairway"

by courtgolf on Nov 16, 2009 1:36 PM EST up reply actions 0 recs

whatever...

You’re missing the point, this isn’t about you.

1. Barron has stated he’s been using the substance for years as a prescribed treatment for a medical condition and the PGA Tour has been aware of that fact.

2. Barron’s attorney is raising the question of selective enforcement, i.e., other players have tested positive but haven’t been suspended and the Tour didn’t issue press releases claiming they are protecting the game from drug users.

The tour has taken away his livelihood and has publicly humiliated him. If the above are true then the Tour is using a relative unknown as a scapegoat to prove the drug policy works. He deserves his day in court. Despite your angelic posturing, I suspect you’d do the same in similar circumstances.

Truth has a well-known liberal bias.

by dianemarie on Nov 16, 2009 2:22 PM EST up reply actions 0 recs

Excuse me ? YOU said…“If you ever need one, I hope you have an attorney who is astute at deflecting attention from you.” You made it about me, D.

NONE of those things you mention have anything to do with Barron testing positive. He applied for TUE’s and was turned down. Selective enforcement or not, he broke the rules.

Check your facts – if the Tour “took away his livelihood”…how did he survive last year when he won exactly zero dollars on the Nationwide Tour. The Tour didn’t “humilate him” – The Tour didn’t force those drugs down his throat then test for them.

Nice try.

"this ball will fit in that fairway"

by courtgolf on Nov 16, 2009 2:30 PM EST up reply actions 0 recs

Not so cut and dry

No, no one forced him to do anything. But if you believe what he said, taking testosterone for years under a doctor’s supervision WITH the knowledge of the Tour makes this a little muddy.

He was being treated for a legitimate problem for a long time then the Tour came and made that treatment a violation of the drug policy and refused to grant an exception. The guy has the testosterone of an 80 year old for pete’s sake. We’re not talking about Barry Bonds here.

OK, so it’s technically a violation. But, he gets tarred and feathered, while other people who might actually be using illegal drugs get swept under the carpet? I’d have to seriously consider legal action myself.

What makes you think they have no proof of what they’re making accusations about? Just because he didn’t reveal it in a media interview? Come on now.

by Double Eagle on Nov 16, 2009 3:13 PM EST up reply actions 0 recs

I don’t disagree with you. I didn’t like the idea of drug testing in the first place – but treating issues this way doesn’t seem right to me. If a doctor has legitimate reasons for using a certain drug with no other options, what is the reason for making him jump through hoops for months before getting an answer from HQ.

“I cannot say how many positive tests there have been on the tour but from discussions I have had with my client and other people, I believe the number is significant.” This is clearly BS for media and public consumption to take the focus off of Barron. He didn’t “technically” break the rules – he broke the rules.

"this ball will fit in that fairway"

by courtgolf on Nov 16, 2009 3:26 PM EST up reply actions 0 recs

Zero-tolerance policies are not the answer

When someone says “technically”, that’s nothing more than “yes, but…” Most things in the world are not black and white. Like the little boy that took is cub scout knife to school and was expelled. Yes, he broke the rules. Yes, but…

There needs to be flexibility to deal with situations where rules were not maliciously or carelessly broken. I’m not even saying Barron shouldn’t be suspended, but it’s not always black and white.

by Double Eagle on Nov 16, 2009 3:58 PM EST up reply actions 0 recs

I agree – but where did you get “zero tolerance” ? There are ways for players to appeal and there are levels of punishment..

Would you prefer that golf be as wishy-washy about drug testing as other sports ?

"this ball will fit in that fairway"

by courtgolf on Nov 16, 2009 4:21 PM EST up reply actions 0 recs

Well...

You took exception at the fact that I said “technically” he broke the rules. Yes, he broke the rules, as written. But the rules exist to keep players from cheating to gain an unfair advantage. It seems that this was clearly not the case. So, while “technically” he broke the rules, he did not violate the spirit of the rule as intended as there was no intent of any kind.

I’m not sure how dealing with this situation in a sensible manner would make the Tour “wishy-washy”. It’s not like they’re turning a blind eye to someone enhancing his performance illegally. Making an example of this guy is hardly evidence that golf is serious about its testing program while it’s also secretly sweeping illegal drug use under the rug. If there’s truth to that, and Finchem pretty strongly alluded to it, then the policy is already a joke.

by Double Eagle on Nov 16, 2009 9:21 PM EST up reply actions 0 recs

it must be nice to live in a world where there's only black and white

and gray was the color of that old pickup you used to have before you had it repainted.

Truth has a well-known liberal bias.

by dianemarie on Nov 16, 2009 3:50 PM EST up reply actions 0 recs

remind me to not let you keep score if we ever play golf together. you’re so judgemental :-D

"this ball will fit in that fairway"

by courtgolf on Nov 16, 2009 3:53 PM EST up reply actions 0 recs

The Tour has every right to hide results under the plan that their players abide by. It’s not criminal. But, if it’s true and it becomes public, then it gives the Tour a big black eye.

Find me! Email: ryan@thegolfnewsnet.com, Twitter: http://twitter.com/waggleroomryan, or Facebook: http://facebook.com/waggleroom.

by Ryan Ballengee on Nov 16, 2009 12:29 PM EST reply actions 0 recs

Hiding positive tests for Marijuana and cocaine

is a severe violation of the WADA code. Should it turn our the PGA Tour really chose to hide positive tests, it puts the olympic Golf movement in danger since every sports is bound by the WADA rules. You don’t comply, you fly (at least in theory)

by Levy on Nov 16, 2009 3:31 PM EST up reply actions 0 recs