Armstrong sues to block doping charges

AUSTIN, Texas — Lance Armstrong is going to federal court in the fight to save his seven Tour de France titles and his reputation as one of the greatest cyclists ever.

Armstrong filed a lawsuit Monday aimed at preventing the U.S. Anti-Doping Agency from moving ahead with charges that he used performance-enhancing drugs throughout much of his long career.

The suit claims USADA rules violate athletes’ constitutional right to a fair trial, and that the agency doesn’t have jurisdiction in his case.

It also accuses USADA’s chief executive, Travis Tygart, of waging a personal vendetta against the cancer survivor who won the Tour de France every year from 1999 to 2005.

The lawsuit is an aggressive, and expected, move as Armstrong seeks to preserve his racing legacy and his place as an advocate for cancer survivors and research. He wants a judge to bar USADA from pursuing its case or issuing any sanctions against him.

Legal experts were divided on the strength of Armstrong’s case.

“USADA is a unique agency, far from perfect ... but that doesn’t necessarily means it’s unconstitutional,” said Michael McCann, director of the Sports Law Institute at Vermont Law School. “He makes some good points, but his chances for success are less than likely.”

An Armstrong victory in court, however, could shake USADA to its core, said Michael Straubel, law professor and director of the Sports Law Clinic at Valparaiso University.

Straubel, who has represented athletes with doping cases before USADA, called Armstrong’s lawsuit a “strong case” for greater protection for athletes.

“This is huge. It has tremendous implications for USADA. I really hope USADA thought all this through before it got things started,” Straubel said.

Armstrong asked the court to issue an injunction by Saturday, his deadline to formally challenge the case against him in USADA’s arbitration process or accept the agency’s sanctions.

He could receive a lifetime ban from cycling and be stripped of his Tour de France victories if found guilty. He originally faced a Monday deadline but USADA allows athletes to request an automatic five-day extension.

Armstrong insists he is innocent.

“The process (USADA) seek to force upon Lance Armstrong is not a fair process and truth is not its goal,” his lawsuit says, calling the USADA process a corrupt “kangaroo court.”

Tygart said Armstrong’s lawsuit is “aimed at concealing the truth” and predicted a judge will rule in the agency’s favor.

“USADA was built by athletes on the principles of fairness and integrity,” Tygart said in a statement. “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.”

USADA, created in 2000 and recognized by Congress as the official anti-doping agency for Olympic sports in the United States, formally charged Armstrong in June with taking performance-enhancing drugs and participating in a vast doping conspiracy on his Tour de France winning teams, some of which were sponsored by the U.S. Postal Service.

The charges came after a two-year federal criminal investigation of Armstrong ended in February with no charges filed.

The anti-doping agency, however, says up to 10 former teammates and associates are willing to testify against him and that it has blood samples from 2009-2010 that are “fully consistent” with doping.

Armstrong, who retired in 2011, says he has passed more than 500 drug tests in his career and was never flagged for a positive test.

To be successful on his constitutional claims, Armstrong must show that USADA is acting as a government agency, Straubel said.

The lawsuit notes that USADA is mostly funded by the federal government and that some of the evidence against him was collected during the federal criminal investigation.

There was no immediate indication when a judge would rule. The case was filed in U.S. District Court in Austin.