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Thread: Wanderlei Silva challenges Nevada's jurisdiction to order drug test

  1. #1
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    Default Wanderlei Silva challenges Nevada's jurisdiction to order drug test

    LAS VEGAS – Wanderlei Silva's disciplinary hearing before the Nevada Athletic Commission on Thursday was postponed when Silva's attorney filed a motion questioning the commission's jurisdiction in the case.
    A collector sent by the Nevada commission arrived at Silva's gym to randomly test him on May 24. Silva declined to be tested, saying he didn't speak English well enough to fully understand what was happening. He subsequently left the gym and flew to Brazil. He had been scheduled to fight Chael Sonnen at Mandalay Bay in the co-main event of UFC 175 on July 5 and had appeared at a news conference at the MGM Grand with Sonnen on May 23.
    After Silva refused to take the test, he was yanked from the card and Nevada filed a disciplinary case against him. Nevada considers the refusal to submit to a test the equivalent of a failed test and sought to suspend him.
    Attorney Ross C. Goodman referred to commission regulation 467.850, paragraph 6. That reads: "A licensee who violates any provision of this section is subject to disciplinary action by the Commission. In addition to any other disciplinary action by the Commission, if an unarmed combatant who won or drew a contest or exhibition is found to have violated the provisions of this section, the Commission may, in its sole discretion, change the result of that contest or exhibition to a no decision."
    Goodman's argument is that regulation 467.850 (6) limits the commisison's oversight only to those it has licensed.
    In his motion to dismiss, he wrote, "It is abundantly clear that the NSAC lacks jurisdiction to take disciplinary action over Mr. Silva, a non-licensee, for not submitting to testing that the NSAC had no authority to order."

    It is very common for a fight to be announced before a fighter has obtained a license to fight in the state where it will be held. The commission's argument has been that because Silva intended to fight in Nevada and that a formal announcement of the fight had been made in the media that Silva fell within its jurisdiction.
    Silva is hardly free, however. Even if Goodman wins the case against the commission, which is far from a given, Silva will face significant hurdles in getting back into the ring. UFC CEO Lorenzo Fertitta and president Dana White have said many times that they support the commission. In a similar case involving Vitor Belfort, White said the UFC would not book a fight until Nevada licensed him, even if the UFC planned to have him fight elsewhere.
    Given that, it's likely that Silva will eventually have to answer the commission's questions about why he declined to take the test.
    The UFC has been consistent in its position and is unlikely to challenge the commission's authority in a case like this.
    https://ca.sports.yahoo.com/blogs/mm...170157303.html

  2. #2
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    Its totally semantics, but I fully agree. If you're scheduled to fight, but havent yet applied for a license then they shouldn't be able to punish you. You haven't actually violated and of their rules or conditions of said license.

    It certainly looks bad on Wandy, but I disagree with any formal punishment from the commission. If the UFC wanted to punish him, as an employer, I would have no problem with it, but not the NSAC.

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    So wandy is arguing that because he wasn't licensed it doesn't matter that he ran from a test...so any fighter can juice to the max as long as its out of their system when they apply for a license....i can't be the only one missing something here

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    Quote Originally Posted by BonesKnows View Post
    So wandy is arguing that because he wasn't licensed it doesn't matter that he ran from a test...so any fighter can juice to the max as long as its out of their system when they apply for a license....i can't be the only one missing something here
    Pretty much accurate though. The commision only has jurisdiction over those who they oversee and grant licenses to.

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    Quote Originally Posted by BonesKnows View Post
    So wandy is arguing that because he wasn't licensed it doesn't matter that he ran from a test...so any fighter can juice to the max as long as its out of their system when they apply for a license....i can't be the only one missing something here
    Yes. And that's why the UFC would likely need to get involved for full out of competition testing. Hard to imagine NV can do it alone.

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    Seems odd that 6 weeks out from the fight, he hadn't applied for a licence. Not that I know how long pre-fight that fighters apply for one. But it almost seems he's going to get off Scott free from this one.

    Now the NAC will just change their policy to something like, fighters must apply for a licence 12 weeks (or 8 weeks) or something before a fight, to prevent this from happening again.

    Seems kinda silly as it is now, that you could juice all you want, wait til it's out of your system, then apply for your licence to fight

    I think Wanderlei is going to be tested like crazy by the NAC if he gets off on a technicality because he didn't apply and couldn't be tested

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    So how is this different then sonnen...or was he licensed before wandy for the fight. That would also raise more questions as to why wandy had yet to apply for a license

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    I said it before, the reg needs to read "scheduled" or "promoted" rather than licensed. That would put the burden on the fighters and promotion for submitting to testing prior to fights.

    Also, the promotion needs to install an out of competition testing program that tests at regular intervals as long as a fighter is under contract. Regardless of injury.
    You say shark I say hey man, Jaws was never my scene and I don't like Star Wars

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    Quote Originally Posted by BonesKnows View Post
    So how is this different then sonnen...or was he licensed before wandy for the fight. That would also raise more questions as to why wandy had yet to apply for a license
    Because Wanderlei out smarted Sonnen.

    Wanderlei should be asking Sonnen who the dummy is now?
    And if you want beef, then bring the ruckus

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    Quote Originally Posted by Cat--Smasher View Post
    Because Wanderlei out smarted Sonnen.

    Wanderlei should be asking Sonnen who the dummy is now?
    You're missing the Chael Sonnen politician wanna be angle.

    Wandelei is using Sonnen's lawyer. Sonnen can let Wanderlei argue his point, not spend any money on lawyer fees, and at the end swoop in with a poor pitiful me, I got screwed excuse and get his suspension lifted.

    I told my friends yesterday when I saw this, Sonnen will be fighting again by Feb/March.
    You know why people have eyes in the front? Because they have to move forward to see the landscape in the distance. If you had eyes in back all you could see is your home town getting farther away; you can't move forward like that. If your eyes are in front what you see in the distance keeps getting closer. That's what lets people move forward.

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