New York High Court okays Hair Samples for Drug Testing

In a major victory that will hopefully transfer over to the world of professional sports, the highest court in New York – called the Court of Appeals – unanimously held up the right of the NYPD to test police officers through hair sampling.

Newsday reported on the story. Sadly, you have to be a member to read the whole article – BOO! – but the important ruling was a stern slap at labor unions who wanted the issue to be the subject of collective bargaining.

Happily, the court saw the potential for abuse by unions – abuse we see every day from MLBPA and NFLPA.

The ruling said that the decision to use hair testing rests with the Police Commissioner.

This is an opportunity for a major victory for eradicating PEDs in sport, all it will take is strength of will.

On that score, don’t look for Bud Selig or Timid Finchem, I mean Tim Finchem to use the chance anytime soon. They have had to be dragged kicking and screaming to the table when it comes to implementing testing. After all, nothing derails an uber-lucrative record chase like a pesky steroids or PED issue.

With this major sword in the battle against PEDs in sports available to Commissioners, Congress and the public should draw all negative inferences against Commissioners who resist. What Commissioner worth his salary doesn’t want to protect his sports from cheaters?

PGA Tour here are your solutions:

The difference between truth and lies, courage and cowardice is not just the difference between HGH and B 12, Roger Clemens and Brian McNamee, but the difference between testing that is effective and ineffective, between expelling cheats and concealing them, and between avoiding scandals in the sport by excoriating and excommunicating the cheater for making the wrong choice.

Public embarrassment and the according legal expenses could be an enormous deterrent. If a player knows that he’s on an island if he gets caught – instead of protected – he’ll think twice. He’ll think twice about what he’ll put his wife and kids through. If he knows he’ll be treated like you would – scorned and ridiculed instead of insulated and protected, that will add significantly to the risk. We have to increase the risk involved in doing these drugs as well as the consequences. When they see how far they have to fall – jail, serious health risks, public humiliation, the kids’ college fund going to some lawyer – maybe now they’ll think more about the long run and less about a fast buck. That’s how to combat the temptation to take shortcuts.

Tim Finchem may have commented at Torrey Pines that he felt testing was counter-intuitive to everything golf stands for, but many do not agree. The problem in every sport is resisting the allure of the last dollar on the table. Money gleams, but it the world of professional sports it gives off a manic glint to too many players and sports business people. People will be tempted to dance with the devil, thinking only of the short term. But secrets need to be kept forever, just ask Marion Jones, who surrendered her medals before getting sentenced to prison. When trouble comes, cold winds blow and hot water runs deep. The best way to avoid it is transparency and strength of will. If a league is an open book if they are doing everything they can to catch drug cheats, that is more beneficial to sports in the long run than breaking records.

That’s the message of Congress to Sports Leagues and Commissioners. All leaders face difficult decisions. It is how they handle themselves in those instances that they are judged. Bud Selig or Roger Goodelle? The difference is the same difference between the lightning bug and the lightning, courage and cowardice, but it takes nothing more than a moment’s resolve and sound judgment.

At the Clemens Hearing, Senator Davis’s words ring true until today and going forward. He defined the battle lines clearly, especially to those who choose to ignore or belittle the devastating side effects of the illegal and sinister potions brewed and administered not in a doctor’s office, but in back alleys, gym locker rooms and bathroom stalls. “Those attempting to sell HGH are scamming consumers and breaking the law. We learned of the terrible risks associated with unapproved use. We learned yet again of the dangerous and phony messages being sent to young athletes that there are magic pills and wonder drugs that can grease their path to the Hall of Fame….We’re here to save lives, not ruin careers. Why? Because the health of young athletes across the country is at stake, and he won’t hesitate to defend their interests, even if the process isn’t pretty.”