Who says lawyering isn't an Olympic sport?


Nothing more slippery than a conference table was needed to
determine Thursday who got the last spot on the U.S. men's
speedskating team. And if the U.S. Olympic Committee's luck holds,
the same surface will help decide who gets the last spot on the
women's bobsled team as well.

Go ahead. Try and argue that lawyering won't soon become an
Olympic sport.

Ever since Tonya Harding's people whacked Nancy Kerrigan and
then challenged the team-selection process, the USOC has spent
almost as much time in court as Judge Judy. Indications are it
could still turn out to be another bad month.

In the past few days, brakewoman Jen Davidson and speedskater
Tommy O'Hare brought their grievances and attorneys to conference
rooms in Colorado Springs, Colo., and San Diego and asked an
arbitrator to put them on the U.S. Olympic team headed to Salt Lake

The committee caught a break Thursday, when O'Hare withdrew his
demand after an arbitrator determined there was not enough evidence
to support O'Hare's claim that last month's qualifying race was
fixed. But the blue blazers are not out of the woods completely

Davidson was unceremoniously kicked out of her bobsled in
December by driver Jen Racine, once her best friend, and the two
haven't spoken since without the benefit of counsel.

They were the darlings of the soon-to-debut sport of women's
bobsled, doing photo-shoots for Kellogg's cereal box covers
together before it all changed one day in December. Davidson says
that's when Racine told her to skip a push-off competition, then
replaced her with the brakewoman who won it.

O'Hare had contended that even more treachery was afoot in the
speedskating trials at about the same time. The 1998 Olympian said
two members of the current team fixed a race so a third teammate
could get the spot on the relay team O'Hare thought should have
been his.

And maybe all the aggravation, inconvenience, expense and time
might be worth it if Davidson's appeal, like O'Hare's, ended with
the arbitrator. But don't count on it.

According to the bylaws agreed to by U.S. Olympic hopefuls,
athletes can appeal the team-selection process twice. Davidson and
O'Hare were allowed to make their cases first before the national
governing bodies for their sports. When that failed to resolve
either matter, both were entitled to a hearing before an officer
from the American Arbitration Association.

Also present are the U.S. Olympic Committee and its lawyers, and
athletes who might be affected by any decision and their lawyers.
That means the room is more crowded than the practice venues for
teams that are supposed to compete barely three weeks from now.

But there's still no guarantee the arbitrator's decision in
Davidson's case will end the dispute in the next few days. This is
America, after all, where people who don't get what they want often
hire themselves lawyers instead.

U.S. Olympic Committee general counsel Jeff Benz told USA Today
that he had no problem with people challenging the selection
process. Maybe that's because few words warm a lawyer's heart more
than "the possibility of further litigation."

"That's part and parcel of what we do," Benz said. "We don't
think this negatively affects the fielding of the strongest Olympic
team possible."


Imagine how cramped the bobsled will feel if Racine and Davidson
are forced to slide down a hill in Salt Lake City together.
Probably just as chilly as the tag would have been between O'Hare
and a teammate he accused of tanking a race.

If all this sounds too familiar, it should.

The Amateur Sports Act of 1978 was designed to protect Olympic
athletes by allowing them to submit disputes with their governing
bodies to an arbitrator. Then came the Harding affair.

Tonya had already won a spot on the team when her two pals were
accused of twirling a baton off Kerrigan's knee. As proof of
Harding's deepening involvement trickled in, the USOC threatened to
remove her from the team. Harding threatened right back with a $25
million lawsuit, and the lawyers wisely counseled the committee to
keep their objections to themselves.

Harding skated at the Lillehammer Games, and not long after,
most everybody forgot what the fuss was about. But not the USOC.
With input from the committee, Congress went back and rewrote the
law in 1998, tightening loopholes as they went.

It didn't help the USOC much. During the run-up to the Sydney
Games, Greco-Roman hopefuls Keith Sieracki and Matt Lindland
grappled at the Olympic trials, then before arbitrators, then back
to the mat for a rematch, and then before a federal judge.

Sieracki won the original match, one round of arbitration and
had the backing of the USOC. Lindland, though, won in federal court
and wrestled at the Summer Games, eventually winning a silver

But don't let anybody tell you that preparations went smoothly.

This is how one coach remembered the few weeks before the U.S.
Greco-Roman team left to begin training in Australia, while it
waited to find out whether Sieracki or Lindland was going with

"We took two team photos," he said. "One with Keith, and the
other with Matt."

A warning to future Olympians: Learn to say "cheese" -- often.

Jim Litke is the national sports columnist for The Associated
Press. Write to him at jlitke@ap.org