Vijay Singh’s attorneys have taken the next step in the ongoing legal wrangling with the PGA Tour, filing a motion in New York Supreme Court on Monday to deny the Tour’s motion to dismiss the Fijian’s suit against the circuit.
The 25-page motion claims the Tour is “not entitled to judicial deference” and that the circuit’s anti-doping program’s release provision is “unenforceable.”
Singh initially sued the Tour on May 8 claiming the circuit, “exposed Singh, one of golf’s most respected and hardest working golfers, to public humiliation and ridicule for months without basis or justification” following his admission that he’d used the Ultimate Spray. The Spray contains IGF-1 which is banned by the Tour’s anti-doping program.
The Tour later cleared Singh of a doping violation following a review by the World Anti-Doping Agency of IGF-1, although the substance remains on the Tour’s and WADA’s banned list.
Last month the Tour filed a motion to dismiss the suit based on Singh’s membership agreement, which states the only legal recourse in a doping case is the prescribed arbitration hearing.
In Monday’s brief Singh’s attorney, New York-based Peter Ginsberg, claimed that “despite having no foundation on which to determine that Singh had used a banned substance, the PGA Tour decided to discipline Singh, simply blindly relying upon WADA.”
Singh’s motion claims the Tour’s argument “essentially contends that it can commit any number of bad acts in the prosecution of an alleged doping violation, including manipulating evidence and publicly proclaiming a golfer a cheater, and that the golfer’s, ‘only relief available… is reversal of his suspension.’ The PGA Tour’s argument seeks to immunize itself for its malfeasance and defies common sense.”
The motion also claims that the Tour “is aware of other golfers who have used the Spray but has not attempted to discipline those other golfers,” and that substance in the Spray was misnamed and was biologically inactive.
The Tour does not comment on ongoing litigation.