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Jun 25, 2008 2:51 pm US/Central
Gatlin Appeals Ruling Banning Him From Trials
ATLANTA (AP) ―
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Gatlin's event, the 100 meters, begins with qualifying Saturday. USA Track and Field officials said they have made contingency plans for Gatlin to run if the courts rule he can.
Ian Walton/Getty Images
Banned sprinter Justin Gatlin on Wednesday appealed a ruling by a federal judge in Florida that prohibits him from competing in this weekend's U.S. Olympic track and field trials.
His lawyer, Joseph A. Zarzaur Jr., sent the motion by e-mail to the 11th U.S. Circuit Court of Appeals in Atlanta, asking that Olympics officials be prevented from barring Gatlin from the trials before the court hears his case.
A similar motion was filed with U.S. District Judge Lacey Collier in Pensacola, Fla., who ruled Tuesday that he did not have jurisdiction in the case.
The motion was not expected to be formally filed in the Atlanta court until Thursday morning, but court officials indicated that it would be treated as an emergency measure.
Gatlin's event, the 100 meters, begins with qualifying Saturday. USA Track and Field officials said they have made contingency plans for Gatlin to run if the courts rule he can.
His attorneys are asking the court to issue an emergency injunction pending his appeal. That would allow him to participate.
At issue is whether judges can overrule a decision by the U.S. Olympic Committee regarding eligibility of an athlete. Collier said that under the Ted Stevens Olympic and Amateur Sports Act, Congress gave the USOC "exclusive jurisdiction over all matters concerning this country's participation in the Olympic Games.
Gatlin's agent, Renaldo Nehemiah, told The Associated Press that Gatlin hasn't yet made arrangements to travel to Eugene, Ore., for the trials.
"He's only planning on coming out if the court says he's able to do so," Nehemiah said. "It's just a plane ride. He doesn't compete until Saturday. I'd imagine it's doable as long as he has the information in a timely manner."
Collier decided Tuesday that U.S. courts had no authority to overrule the recent Court of Arbitration for Sport ruling that upheld a four-year doping ban against the defending Olympic champion.
Last week, Collier issued a temporary restraining order that would have allowed Gatlin to compete, but the judge's latest decision vacated that order.
Collier said the court system didn't have jurisdiction over this case because of federal law regarding the USOC's powers.
But while the judge said the courts didn't have jurisdiction, he also pointedly disagreed with the decision to bar Gatlin.
"The basic argument from these defendants is that they are not interested in fairness for Mr. Gatlin; they are interested only in their rules," Collier wrote.
He set up a quick remedy should Gatlin receive a different decision about the jurisdiction from the appeals court.
Asked whether Gatlin was optimistic about his prospects, Nehemiah said: "It doesn't really matter what he is. It's in the court's hands. He's past being optimistic or pessimistic. It's just wait and see."
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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