NASCAR on Tuesday moved Jeremy Mayfield’s challenge of his indefinite suspension to federal court, a move that could keep the driver out of his car another week.
The notification came a day before a North Carolina Superior Court was scheduled to hear arguments pertaining to Mayfield’s suspension for failing a random drug test. NASCAR’s action automatically stayed that proceeding.
Mayfield had hoped a judge would reinstate him in time to compete this weekend at Pocono Raceway in Pennsylvania. His attorneys will now have to either fight the suspension in federal court, or petition the case be moved back to the state level.
No date was set for a hearing in federal court, but NASCAR believes that’s the correct venue to argue the case.
“Administration of NASCAR’s substance abuse policy extends to every state in which it races, which is why the logical forum is federal court,” NASCAR spokesman Ramsey Poston said.
J.J. Yeley has driven the car since Mayfield’s suspension, but Mayfield did not send his team to last weekend’s race in Dover, Del. Instead, his attorneys went to court Friday, arguing the suspension should be lifted because NASCAR did not follow its drug-testing policies and left Mayfield with no way to prove his innocence.
North Carolina Superior Court Judge Forrest Bridges did not immediately rule on Mayfield’s challenge last week because his absence from Dover removed any sense of urgency.
NASCAR has not revealed what substance Mayfield tested positive for, but his attorneys said in court he tested positive for amphetamines.
Mayfield is seeking damages against NASCAR for defamation, discrimination against someone with a disability and for negligence in not handling the drug test properly. He specifically named in his suit NASCAR chairman Brian France and Dr. David Black, the administrator of NASCAR’s drug-testing program, for comments they have made about the case.
Mayfield is the first driver to be suspended under NASCAR’s new drug policy. Six crew members have been suspended spanning NASCAR’s top three series.
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