NSAC answers Wand argument about PED testing
“The plain language of the definition of an unarmed combatant, when read together with NAC 468.850, supports the conclusion that the Commission had authority.”
When the Nevada State Athletic Commission sought to test Wanderlei Silva, the fighter literally ran away. He is now arguing that the NSAC had no right to test him in the first place, as he was not licensed by Nevada at the time, although he was scheduled to appear in a Nevada event.
The NAC has filed a brief answering the argument made by Wanderlei Silva that the NAC had no legal authority to do out of competition testing, and it was obtained by Erik Magraken.
Out of competition testing and the subsequent discipline of unarmed combatants who cheat, is particularly necessary in unarmed combat sports. After all, these sports are not about cheating with PED’s in order to hit homeruns or run around a track faster. Rather, these sports involve combatants striking each other with blows which may reasonably be expected to inflict injury. The Commission and promoters are doing their jobs to protect unarmed combatants ad the integrity of the sport when they take measures to catch and discipline athletes that cheat by doping, which brings us back to Silva…
Should an unarmed combatant who has a contest scheduled in Nevada be permitted to evade drug testing in the weeks before his contest? The Commission believes that for health and safety of the contestants and the integrity of the sport, the answer must be No….When a statute is clear and unambiguous on its face, a court may not go beyond the language of the statute in determining the legislature’s intent. The plain language of the definition of an unarmed combatant, when read together with NAC 468.850, supports the conclusion that the Commission had authority to order Silva to submit to testing…
But if the Court determines that an ambiguity exists with regard to the laws at issue…any ambiguity should be resolved in favor of the Commission’s drug testing program.
Whether current Nevada law authorizes random, out of competition testing, or it doesn’t, all but a lunatic fringe in the sport argue that it should have the right. As Magraken explains, the NSAC should see that proper legislative change is made to give them appropriate drug testing and disciplinary powers.