July 9, 2009 Tyr's recent civil action in filing a Complaint with the Tribunal de Grande Instance de Strasbourg, France, is a necessary step in a legal challenge against FINA that is long overdue.
Tyr rightfully, is acting not only in its own best interests protecting its own brand, market share and contracted athletes, but, is also leading the field, and acting in the best interest of the entire sport as well.
Tyr et al., have the right to demand detailed, verifiable answers and to force FINA to comply with its own rulings and laws.
Over the course of the past year, Tyr has the right and deserves to recoup damages and receive punitive damages, not only as a manufacturer and major stakeholder in the sport, having lost sales and market share, and having been forced to release their contracted athletes to wear other suit brands.
There will be no shortage of experts and insiders willing to testify on behalf of Tyr, on the problems with the swimsuit verification process, the changing of certain rules, the subsequent Dubai Charter and with FINA's lack of inforcement of its own rules for the sport.
It is of public record that certain members of FINA opposed independent testing for all equipment, since the fiasco in Fukuka WCs regarding the timing touch pad systems. The sport needed independent testing then, and it was denied, and according to industry sources, fought against for years.
An independent testing program for all equipment, swimsuits, timing systems, blocks, etc., would have benefited current manufacturers and new corporate entries by having a verifiable framework and stucture in place to measure results, foster innovation, and to protect the integrity of the sport. It also would have had the effect of attracting new advertising revenue and new technologies to the sport, other than swimsuit fabrics.
The current independent testing program, now in abeyance and under challenge from some manufacturers providing their own science (and attorneys) to justify their suits in competition has further damaged the sport and weakened the sports' leadership.
FINA had the opportunity to strengthen its independent testing program and framework early in the start, with assistance from many experts at such institutions such as NMi, NASA, NIST and other agencies, to structure a legitimate and unassailable independent testing program and framework, but, instead, chose a local Lausanne expert as the governing body previously chose to ignore early warnings over the years, and the predictable detrimental consequences to the sport, to the manufacturers, the athletes, and others, as previously reported.
FINA's sub-standard enforcement of clear, foundational rules, and a reversal of the previous ban on certain suits, in the Dubai Charter reveals a categorically weak swimsuit approval structure that deserves to be challenged.
Tyr, other manufacturers, numerous swimming federations, athletes and individuals have every right to know with alacrity the answers in Tyr's filing and hopefully, for them to be compensated for damages from previous rulings and the consequences and environment the sport is currently now in.
Submitted by:
Small Stone
July 10, 2009 The second possible phase is this: Should there be recalcitrant conduct and obfuscation on behalf of FINA regarding the demand for information from previous approval processes for the LZR and other suits and data, then, after the Strasbourg ruling, Tyr would evaluate the circumstances and conditions and should mount a challenge to FINA's approval process of the new suits in 2008 and bring the sport into correction.
And that would change the sport dynamics.
While Tyr may not be the largest manufacturer with corresponding market share, it is now leading the industry with its legal challenge. Tyr is in a rare position to play a pivitol role in sport leadership and its evolution.
While appearing small and insignificant at first, should the legal challenge be pursued vigorously, then this may be no less an important and similar milestone, to the events and legal challenges that shaped other professional sports such as the NFL, MLB, NBA, over the years with legal challenges and strikes on negotiations, trades, television rights, etc. It is now ready to happen in the Olympic Movement.
The issue is about sport governance, establishing and providing clear guidelines for manufacturers and innovation, the lack of rule enforcement, the absence of sound moral principle in the executive, and the necessity to impose a new sport governance structure, bringing the sport from a copycat UN model to a professional sport structure similar to the NBA.
Regarding the new tech-based, swimsuits... "FINA approved" is not the judicious equivalent of "legal."
Upon a favorable ruling in Strasbourg, Tyr should move in two directions simultaneously.
First to CAS in Lausanne, to challenge the approval of other suits, to explore the due diligence applied regarding FINA rule SW 10.7 "No swimmer shall be permitted to use or wear any device that may aid his speed, buoyancy or endurance during a competition." FINA Handbook 2005-2009- Swimming Rules - SW 10.7
The "girdles" applied in some suits, and the additional poly-e applied on the chest, are "devices." Other suits that have been permitted have trapped air and are buoyant.
While Lausanne motions are advancing, Tyr should proceed with a challenge in a U.S. Court for damages and punitive damages in the tens of millions of USD/Euros to send a message to those who were unqualified to govern the sport, who have overstayed their welcome, played politics, damaged the lives of the athletes, trodened the interests and welfare of the manufacturers, and harmed the swimming federations.
FINA may then stall before, during or after the Strausbourg ruling, promising "zero tolerance" in the future and reversing to suits before 2008 with other limiting factors.
But, pursuing the legal challenge to the end, on multiple fronts, would benefit the sport by exposing the FINA processes, who was involved, what had happened and when.
Tyr then should prepare for success, not just monetarily, but within the remedies to tender a list of demands and new structures for the new FINA executive operational group, also present and demand a new model framework for independent testing for all equipment, in cooperation with other experts, and demand other caveats that are necessary and associated with the sport.
It is time to bring justice to the sport and integrity to the leadership.
Tyr has taken the right step.
Hopefully, they will finish what has been started on behalf of the athletes, the manufacturers and everyone associated with the sport and in the Olympic Movement.
Submitted by:
Small Stone
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