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Punishment doesn't fit crime
NASCAR goes to extremes
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October 09, 2004 - 5:32 pm

When Rafael Furcal ripped Dan Miceli's 11th-inning offering into the right-field seats at Atlanta's Turner Field on Thursday night, the fans erupted and his teammates mobbed him at home plate, cheering the shortstop's heroics in the Braves'4-2 win in the National League Division Series.

A day earlier, Furcal was sentenced to serve seven weeks in jail for a probation violation stemming from his second arrest for driving under the influence. His sentence starts after the season ends.

When Jamal Lewis takes the field tonight for the Baltimore Ravens, he'll likely receive high fives and hugs from teammates who think the running back can help them win their second Super Bowl title.

Earlier this week, Lewis pleaded guilty to trying to seal a drug deal via cell phone that would have scored cocaine for a friend. He was ordered to four months in the slammer, but told he was free until football was finished for the year.

When Dale Earnhardt Jr., seconds after climbing out of his car and winning a 500-mile race, muttered the "S word"on national television, he continued to celebrate in Victory Lane with teammates who thought they'd vaulted into the top spot in the Nextel Cup standings.

Days later, Earnhardt was docked 25 points and fined $10,000, drastically damaging his hopes for NASCAR's premier championship.

It would be inequitable and unfair to attempt to compare the crimes of Furcal, Lewis and Earnhardt, because Earnhardt's obscenity is an infraction only to the PC police, and not the men in blue. But analyzing the punishment each was handed, it's clear that the driver received a raw deal, becoming the latest victim of NASCAR's never-ending quest to cater toward the masses while ignoring the feelings of its true fans.

"If anybody was offended by the four-letter word I said," Earnhardt objected, "I can't imagine why they would have tuned into the race in the first place."

Stereotypical, certainly, but Earnhardt is correct. Anyone watching auto racing on TV assumes the risk of witnessing something potentially offensive. After all, how pleasant is watching Elliott Sadler tumble onto the infield, or two cars and drivers twist into a pile of scrap metal, or Dale Jr.'s dad slam nose first into the Daytona retaining wall?

Each is far less easy on the eyes than hearing Junior slip a swear word in the heat of the moment. If he had said "shoot," or "crap," or "nothin'," it would have conveyed the same message and there would be no controversy. Obviously NASCAR doesn't want any of its drivers using profanity - especially the most marketable of the bunch - but to punish Earnhardt - and the scores of shop, crew and office personnel that have worked since the start of the year to win a championship - so harshly for one regretful word is ludicrous.

Admittedly, stock car officials deserve credit for following precedent and not giving Earnhardt any sort of preferential treatment. He was slapped with the same sentence as others who cussed earlier this year.

But it's a dumb policy. If there's a hit to be absorbed here by anyone, it should be a financial blow. Maybe Junior's four merchandise haulers have a few less people in line. Or maybe the networks hold it against NASCAR next time the two have to negotiate rights fees.

So that's how it should be imposed on the drivers, too. Fine Earnhardt $10,000, force him to make a public appearance to prove he's a nice guy, and be done with it.

But Earnhardt has only seven weeks to get his back in gear. Instead of 13 points ahead of Kurt Busch, he's 12 points behind him. He could win those points back, pending an appeal, but because NASCAR holds the power of precedent, the decision is unlikely to change.

And if it doesn't change, and Earnhardt stays in second place, NASCAR itself had better be prepared to go on trial in the court of public opinion. With a dozen angry Bud drinkers presiding as the jury.



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