Steroid Testing Rules Discussed

In January, President Bush urged baseball and other American sports to “get rid of steroids now.”

In February, Atty. Gen. John Ashcroft announced the indictment of four men, including the trainer of single-season home run record-holder Barry Bonds, on charges of illegal steroid distribution.

In April, the U.S. Senate threatened legislation if major league players and owners did not agree to a more stringent policy on steroid testing.

At every turn, baseball Commissioner Bud Selig pointed at the players’ union, saying the owners were willing to act immediately.

And yet, as the World Series opens tonight, an otherwise spectacular season has been diminished somewhat by Selig’s failure to persuade the union to tighten the testing protocol.

After a symposium on drugs and sports at Loyola Law School on Friday, an anti-doping expert said he hoped the external pressure that forced the issue onto the public agenda this year would resurface.

“I think the union has had the heat removed because of the distraction of the Olympics and now because of the excitement of an outstanding playoff season,” said Gary Wadler, a New York physician who advises the NBA on drug policy and has often criticized baseball’s program. “It’s time we got back on track and held the feet of the union to the fire.

“It’s a public-trust issue. It’s a public-health issue. We can’t just wish it away.”

Baseball’s steroid policy, in its first year, allows owners to test once a season and provides for counseling and treatment for first offenders, with no suspension, public identification or loss of pay.

In the NFL, a first offender receives a four-game suspension. Under Olympic guidelines, a first offense draws a two-year suspension. In both cases, athletes are subject to year-round random testing.

Critics contend that the union is stalling so it can use the testing program as a bargaining chip in labor talks in 2006, but union officials and player representatives say the current program should be given a chance.

“I think the union agreed to a much stricter policy than they wanted because of the outside pressure,” said Dick Moss, former general counsel for the union. “It is not a weak policy.”

Moss, who also spoke at the Loyola seminar, said he believed additional pressure would nonetheless force the union to concede on the issue, now or later.

“I’m sorry to say, I think there will be more testing,” Moss said.

Moss added that owners had yet to demonstrate why random testing should trump privacy rights and a presumption of innocence.

“What really is the difference between performance-enhancing substances, performance-enhancing equipment and performance-enhancing trainers?” he asked.

Moss acknowledged the illegality of steroids, then asked why teams and leagues should be deputized as police.

“Sports are governed by rules,” Wadler said. “They say you can’t cork your bat.”