sehsrugby
Kenji, you are the shit
Kevin Mansker"T. Kenji Sugahara" wrote:Many have you may have received the following letter regarding UCI
licensing and non-USA Cycling events.
http://www.usacycling.org/clarification-of-uci-rule-12019-and-related-sanctions.htm
Please be aware that enforcement of this letter is likely illegal
under federal law as it applies to amateurs.
According to the UCI "Article 1.2.019 applies to all licence holders,
without exception. It does not solely concern professional riders or
just the members of UCI teams, contrary to certain statements in the
press and on some blogs."
The Ted Stevens Act under 36 USC § 220523
(http://www.law.cornell.edu/uscode/text/36/220523) et al. applies to
amateur athletic competitions and competitors. With the blanket
statement "all UCI license holders", this policy captures amateur
racers as there are amateur racers who carry UCI licenses.
Under 36 USC § 220524 - General duties of national governing bodies-
(http://www.law.cornell.edu/uscode/text/36/220524)
"For the sport that it governs, a national governing body shall—
(5) allow an amateur athlete to compete in any international amateur
athletic competition conducted by any amateur sports organization or
person, unless the national governing body establishes that its denial
is based on evidence that the organization or person conducting the
competition does not meet the requirements stated in section 220525 of
this title;"
Here is the link to the Section 220525 (which lists out the
requirements). (http://www.law.cornell.edu/uscode/text/36/220525)
The UCI letter and subsequent USA Cycling language are likely
unenforceable given that there has been no evidentiary inquiry as to
any races per 220525. Given the plain language of the statute the
burden lies on the UCI/USA Cycling to establish the evidence for a
denial.
Sincerely,
--
Kenji Sugahara
Executive Director
Oregon Bicycle Racing Association
Phone: 503-278-5550
http://www.obra.org
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