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Chael on the other hand...
The regulation also specifically states that it can only punish licensees. It also states that if a nonlicensee commits a violation that would warrant action, they can take action if and when he applies for a license. Thats how they got vitor. Vitor applied for a license after the failed drug test. Wand never applied, so the point is moot. They have no jurisdiction over him.
What would stop them from punishing anybody??
This is a wake-up call for the NSAC to fix their rules and then enforce them. They shouldn't break their own rules to punish any fighter. If the rules suck, fix them. They are going to try and legislate from the bench as opposed to correcting the clear loopholes in their own regulations. Its ass-backwards.
So basically, what you are saying is that once you are licenced once in Nevada, they have jurisdiction over you for the rest of your life, outside of the period you were licenced for even if you never fight there again?
Do you agree?
The two saituations constitute a pretty logical analogy.
No precedence for this. Should have warned fighters that from now on if you refuse a test you will be banned for life. Should have banned Wand 2 years like Chael. They are setting an example with Wanderlei.
Again....no precedence. Overeem ran and got a 9 month suspension. That is it.
Bullshit decision. Give him 2 years (which is still harsh) at the most and then announce "From this day forward if you run you will have a lifetime ban"
Commission:
Commisioner to Overeem: Overeem, you ran but we like you and you are polite so you only get a 9 month ban.
Commisioner to Wanderlei: Wanderlei, even though there is no precedence we are giving you a lifetime ban for your 1st offense.
Bunch of clowns
a lifetime ban for a retired guy is sort of pointless, it is pure saber rattling, he can still fight overseas. basically it looks tough but doesn't really hurt Silva at all.
That's the problem with your position though. At its core, this situation is about things far more important than PEDs in MMA or the sport at large.I don't care. I want fighters to be clean and have no issue at all with the NSAC testing fighters at any time. As long as the testing is done by accredited people then go for it....licensed or not.
Hopefully this bullshit will be the catalyst for the UFC to randomly test fighters 24/7 365 days a year.
Yes! That is the way I read the statutes and regulation.
As I stated before, I believe that a professional fighter who has spent the last ~8 months promoting and training for a fight is absolutely under the authority of the Athletic commissions to drug test. Plain and simple.
This is not a matter of governmental over-reach. The didn't test and then try to fine my grandmother. This is a matter of a guy trying to cheat and exploit the system and the system saying "LOL no."
please tell me how? he is under UFC contract and the UFC is not going against the NSAC.
They are not. His examples are of police misconduct in the context of prosecuting a criminal under a court of law.
Literally non of that applies in this case. You have the right to no unlawful search and seizure from the government. You do not have the right to refuse follow the rules of an athletic commission you are trying to fight under.
Second, I doubt they can actually compel him to pay the fine if he is retired and never fights again.
He just has to pay it before ever getting licensed again.
honesty fuck the nsac.
my loyalty is to wand
please tell me how? he is under UFC contract and the UFC is not going against the NSAC.
you're totally missing the point. by their own rules, they didnt have the authority to punish him. This shows a need to fix their rules, not to overstep the bounds of their own authority to punish a fighter who is clearly outside of their jurisdiction.
But he wasn't, at least not officially. There was no license application of LV fight contract.They are not. His examples are of police misconduct in the context of prosecuting a criminal under a court of law.
Literally non of that applies in this case. You have the right to no unlawful search and seizure from the government. You do not have the right to refuse follow the rules of an athletic commission you are trying to fight under.
I agree with this, and that is the biggest issue for me. I don't feel the ban itself or setting the fine in case he tries to compete again are very big deals in comparison. As I have stated before, trying to pursue legal action against him to compel him to pay the fine is basically extorsion as far as I'm concerned.Second, I doubt they can actually compel him to pay the fine if he is retired and never fights again.
He just has to pay it before ever getting licensed again.
That's the problem with your position though. At its core, this situation is about things far more important than PEDs in MMA or the sport at large.
So he's banned in Nevada only?
So he's banned in Nevada only?