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Old 06-14-2011, 12:34 PM
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Riot Riot is offline
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Join Date: Mar 2007
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Quote:
Originally Posted by pointman View Post
We can get as technical as you want, you are way out of your league. Let's start with the basics, tracks are not the government (though some like NYRA are public corporations or entities), but derive their right to run parimutual races through licensing from the State. Drug testing those under a government license invokes the Fourth Amendment right to be free from illegal searches and seizures as well as due process of law.

You may see nothing wrong with it, but the law does. You are clearly the most obstinate person on this board. You are right but everyone else, including the rule of law, is wrong.
Geeshus cripes. Stop attributing your imaginary crap to me. I haven't talked much about the legality, or not, of drug testing, let alone aggressively tried to defend any legal position on it.

So your trying to attribute "obstinante" to me, pretending I'm insisting upon a legal point, is absurd and ridiculous.

You might notice that nearly all tracks are quite free to set their own rules, within the providence of their individual state laws. Tracks tend to be little fifedoms. As private companies can require drug tests of employees, tracks have and can and do currently require drug tests of some licensees under particular circumstances. I doubt that adding that penalty in to certain suspensions, and incorporating it within government rules, would be taken down. Perhaps it would be challenged, and would be removed. That may well be - I've never said otherwise (in spite of your imagination and accusation that makes it seem so). But so far suspensions, probations with required drug testing has stood up at multiple tracks for individuals.
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