Cyclist's lawyers say they'll file again in case against USADA

A federal judge on Monday dismissed a lawsuit filed by Lance Armstrong against the US Anti-Doping Agency (USADA), but said the seven-time Tour de France winner could refile it within 20 days.

US District Judge Sam Sparks criticized Armstrong's lawyers for the 80-page filing in tossing it out, saying it smacked of a public relations move rather than a challenge to the body that imposes doping sanctions on US athletes.

But Sparks also said he was not ruling on the merits of the lawsuit and that the US cycling legend was welcome to present it again with modifications.

He advised Armstrong's lawyers to "omit any improper argument, rhetoric, or irrelevant material" in any future filing.

Armstrong's Austin-based lawyer, Tim Herman, told the Washington Post on Monday night that the suit would be refiled by Wednesday at the latest.

"We will refile in a format that conforms to what Judge Sparks wants," Herman said.

Armstrong (pictured) hopes to prevent the USADA from pressing on with doping charges against him. Armstrong has until Saturday to accept sanctions or challenge the USADA's charges through arbitration.

Instead, Armstrong hoped to turn the entire system on its head, questioning the USADA's jurisdiction and the legitimacy of its rules.

Armstrong's legal move, coming in the US cycling legend's hometown, claimed USADA procedures violate of his US constitutional right to a fair trial.

Armstrong, who has denied ever using performance-enhancing drugs, also claims that USADA chief executive Travis T. Tygart is pursuing a personal vendetta against him.

Armstrong, who won the Tour de France from 1999 through 2006 and has since retired from cycling, could be stripped of his Tour de France triumphs and banned from the sport for life over the charges.

"It is a testament to USADA's brazenness and callous disregard for its own mission that it seeks to strip Mr Armstrong of his life's work," Armstrong's attorneys said in the lawsuit.

Armstrong wanted Sparks to issue an injunction banning the USADA from pushing its case to an arbitration hearing, the next step in a process that could lead to the case being settled by the Court of Arbitration for Sport.

Armstrong's lawyers called the USADA's hearing procedure a "kangaroo court" and that Armstrong would not be able to launch a proper defense against the charges under USADA rules and would face irreversible harm if the USADA proceeds. Tygart, in a statement, said Armstrong's lawsuit is part of a bid to hide the truth about his misdeeds.

"We are confident the courts will continue to uphold the established rules which provide full constitutional due process and are designed to protect the rights of clean athletes and the integrity of sport," Tygart said.

The USADA charged Armstrong last month with being part of a doping conspiracy during his years as Tour de France champion, the move coming four months after a two-year US government probe into Armstrong ended with no criminal charges.

Armstrong has never tested positive, and says he has taken more than 500 drug tests in his career.

(China Daily 07/11/2012 page21)