28 Sep 2012 13:46:23 PM
Nick Diaz Continues Quixotic Legal Battle Against Nevada Athletic Commission: Requests Judicial Review From Court
Since he tested positive for marijuana metabolites after his UFC 143 loss to Carlos Condit and was suspended for a year and fined nearly $80,000 by the Nevada State Athletic Commission (NSAC), Nick Diaz has fought the punishment in just about every place he could, and continued Wednesday by filing a Memorandum of Points and Authorities to support his petition for judicial review. So far, Diaz and his high-profile legal defense team have struck out in appealing to the Nevada State Attorney General and the NSAC itself in a hearing.
The NSAC has thirty days to respond and after that a judge will hear Diaz’ petition. Luke Thomas and MMA Fighting spoke with a member of Diaz’ legal team:
The Commission needs to understand that it cannot act with impunity in the exercise of its authority…In Diaz’s opinion, while fighters must respect the lawful authority of state athletic commissions, they should not accept unjust and unlawful disciplinary action. Further, Diaz finds it bizarre that the Commission is vigorously policing legal marijuana use outside competition while at the same time endorsing and sanctioning the use of steroids and testosterone — which has a direct effect on fighters and their opponents in competition. The Commission needs to refocus itself on protecting fighters and the fairness of the combat sports they regulate. Diaz believes this legal proceeding may provide the Commission a helpful push in the right direction, for the benefit of all fighters and the reputation of the sport itself.
Diaz’s petition has some interesting and seemingly compelling parts to it, including his lawyers’ contention that marijuana metabolites are not, in fact, banned substances. But they also continue to stretch out some arguments.Read More DIGG THIS