November 09, 2007
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A condition of employment
Dear Velo,
Regarding Kashechkin’s doping challenge and his assertion that testing is a violation of human rights: Many employers reserve the right to test their employees for illegal substances. I was under the impression that professional cyclists were, in fact professional- that is, employed to ride by their own choosing. As such, they should be subject to their employer’s terms and conditions. They are certainly free to choose a different profession if testing is not to their liking.
Fletcher Chambers
Eden Prairie, MinnesotaWhile Kashechkin’s lawyer is confident that his successful 1995 challenge to provisions common in soccer contracts will serve as a precedent in this case, we’ve noticed that he never mentions Spain’s David Meca-Medina and Slovenia’s Igor Majcen, two professional long-distance swimmers, who tried to challenge doping rules as an illegal infringement on their right to work. Perhaps the reason he’s ignoring that case is because the court rejected that challenge as “frivolous.” Were we of the betting type, we’d wager that the court in this matter has no such reluctance to consider that recent ruling. – EditorMagic or disgrace – Which is real?
Dear Editors,
I’ve never felt the need to write anything about cycling until now.I’ve just finished reading one of your articles regarding the basis ofAndrey Kashechkin’s case against his positive dope test. Words almost escapeme. To be honest I’m utterly disgusted by the attitude, and shear nerveshown in one of the two key arguments in his defense: private entitiesshouldn’t be allowed to carry out dope testing.I cynically assume the other argument regarding incorrect proceduresis there to try to add a grain of credibility to his case so this isn’tlaughed out of court. How can someone be prepared to try to destroy thebasis of the whole anti-doping process for his own selfish reasons. Comeon, at least try and give the impression you’re actually innocent ratherthan another legal loophole approach. For me the use of this argument clarifieshis guilt in my mind. If he was innocent, and truly believed in the sport,and all the good things its capable of, why would you go to the steps ofpotentially destroying the fight against doping just to clear your name.I race for the love of racing. The euphoria after giving your all ina race no matter what the outcome. Unfortunately, my lack of results reflectsthis attitude. The amazement at how far you can push yourself is the appealingthing for me. When I see people destroying the sport that is a huge partof my life it saddens me. One week I’m watching Paris Roubaix cheeringon Stuart O’Grady in one of the greatest sporting spectacles in the world,and another I see the Tour becoming a farce.I don’t know whether to believe in the magic one week, or the disgracethe next. I love the way CSC races and wins, but am cynical about whatmay have happened in the team prior to the Ivan Basso affair and the nowholier-than-thou self-publicized internal testing program. The cynic inme says its just Bjarne Riis, a self confessed doper, doing whatever’snecessary to protect his own investment. Doe he really love the sport thesame way I do? Would an amnesty to confess your doping sins and wipe theslate clean work? Is it too late? I hope not.On the upside, I still love to ride and race in a way where my enjoymentand sense of achievement is unaffected by whether the guy next to me ischeating or not. However, if he is, and his actions contribute to the declinein opportunities for me to enjoy my sport due to a declining local racecalendar etc., then he’s got me and everyone else who rides and races cleanto answer to. And there are a lot of us.
Ian Lockley
Oakland, CaliforniaTeam Kazakhstan or Disco nuevo?
Hi,
I thought it was Astana’s intention to cultivate and promote Kazakhstan’s athletes. They appeared to be pursuing this goal while they had Vino’ but after his suspension and the management shake-up it looks a lot more like USPS/Disco with a new accent. Are there any Kazakh riders left on the “Kazakh team?” Do they at least make up the majority of riders on the team so they can claim that Levi, Contador, & gang are there to help with the cultivation?
Thanks,
Al Parker
Philadelphia, PennsylvaniaThe team’s 2008 roster has yet to be formalized, but it is expectedthat several Kazakh riders – at least those unsullied by doping scandal in 2007 – will be back on the roster. – EditorEvery rider needs one
Dear Velo,
Mr. Mionske’s latest column (see “Legally Speaking – with Bob Mionske: A fatal bias?) is at once both infuriating and gratifying . Roadies’ lives are on the line. To hear how these lives are systematically undervalued by law enforcement personal is infuriating. However, being armed with this knowledge makes the unfortunate – but true – cardinal rule of any dealings, negotiations, entanglements with the law even more crystal clear: GET A LAWYER!!!
Naftali Moses
(not a lawyer, nor do I play one one TV)

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