Attorney: Barron files suit to stop US PGA ban

Attorney: Barron files suit to stop US PGA ban

Published Nov. 14, 2009 12:29 a.m. ET

The U.S. PGA Tour's first-ever suspension for violation of its anti-doping rules wound up in federal court on Friday when attorneys for a 40-year-old journeyman tried to block the one-year ban. Attorneys for Doug Barron, a professional golfer from Memphis, sought a temporary restraining order on his one-year suspension for testing positive for two banned substances in June. The tour announced this month that he was the first golfer to be banned for violating the policy that went into effect in July 2008. U.S. Magistrate Judge Tu Pham heard more than three hours of argument and said he would make his decision by early Saturday. Barron, who was not at the hearing, hopes to play next week at U.S. PGA's qualifying school. Barron, who started his career in 1995, tested positive for the anabolic steroid testosterone and propranolol, a beta-blocker that calms nerves, at the St. Jude Classics in Memphis in June. He was given a sponsor's exemption into the tournament. Attorney Jeffrey Rosenblum, representing Barron, said his client took the drugs under the supervision of a doctor for "therapeutic use" and made no secret of it. He said Barron began taking testosterone in 2005 because his natural level was below the level considered normal. "It is not performance enhancing when it is used to keep a man within the normal range," he said. Rosenblum said Barron was "disabled" under the Americans With Disabilities Act because low testosterone "impairs a major life activity and that is intimacy with your wife." Barron and his wife, who was in the courtroom, have two children. Rosenblum said Barron has taken propranolol since 1987 for a racing heart. In 2008, his doctor tried to "wean him off" the drug, but he was still using it in June when he was tested. "If he had tried to wean off of it faster he would have been medically unsafe," Rosenblum said. Rosenblum said the U.S. PGA singled out Barron, an unknown journeyman, rather than better known players to make it look like it is cracking down on its policy, but he alleged that as many as 10 current pro golfers have taken illegal drugs but were not suspended. He said he would seek details from the U.S. PGA Tour during the discovery process if and when Barron's case goes to trial. The tour stated clearly that Barron was the first player to be suspended - not necessarily the first to receive a positive test. The tour is not required to suspend or announce any punishment for recreational drugs. Rich Young, attorney for the tour, said a committee of doctors denied Barron's request for a therapeutic exemption last January. Barron's natural testosterone level, Young said, was within the normal range. Young said Barron's appeal on the beta-blocker was also denied. The presence of either drug would have resulted in a suspension.

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