On Tuesday, cyclingnews.com demanded a clarification from the organisers of a tour in South Australia of the entry status of Mario Cipollini. The South Australian Government, which is running the tour via its major events office, had been claiming that Super Mario was racing in the event. They had promoted the race in the national cycling press using his name even though it was announced by the Italian press in November that he wasn't coming to Australia. As late as Monday, Adelaide TV was claiming that Cipollini was coming to the race, in a piece which included an interview with an official from the race.
The use of this material would be in contravention of the Trade Practices Act 1974 Section 52 relating to misleading or deceptive conduct, if Mario Cipollini was not coming to the tour and the organisers knew that he wasn't but did not withdraw promotional material to the contrary. Section 52, Section 1 states that "A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive." Sport comes under the rubric of trade and commerce. It is probable that if a person acted on the advertising and took actions which were to the benefit of the corporation (the race organisation) then the breach would be established. That it, a cycling fan going to South Australia because they wanted to see Mario Cipollini sprint and spending money there would constitute a breach.
Response from the South Australian Government:
The South Australian Government issued a press release late on Wednesday in an attempt to whitewash the whole matter. A follow-up AAP report written by leading cycling journalist, Roger Vaughan said: "The impulsive behaviour of Italian sprinter Mario Cipollini, one of the most flamboyant figures in world sport, is causing some anxiety for organisers of the inaugural Tour Down Under cycling race. Known as Super Mario or the Lion King, Cipollini was initially billed as a starter for the January 19-24 race in Adelaide thanks to a handshake agreement. But he is not part of the eight-rider Saeco team entered in the race and organisers are now desparately seeking written confirmation that's he's not coming."
The race director, Mike Turtur was quoted by Vaughan as saying in relation to this matter: "It's difficult to say with Cipollini - to say he's unpredictable is an understatement, to say the least. We maintain our stance that we've had for some time, that it's not definite he's coming. As each day goes by, it becomes more unlikely. We've spent the last week and a half trying to get official written confirmation from Saeco he won't come, but with the Christmas break it has been difficult."
The agents for the tour said they gained a "handshake commitment from a Saeco boss last July that Cipollini would race in Adelaide" and they allegedly told Roger Vaughan yesterday that "it was confirmed about a fortnight later in the Italian press."
In the South Australian Government official press release referred to above they do not include Super Mario's name in the starting list for the race.
The Saeco reaction - December 31, 1999:
I have received a lot of information about this matter and the official line peddled by the Government on early Thursday did not seem to accord with the other data I have. So I got in contact with the management of the Saeco team in Italy. This is the same Saeco that seems to not be able to be contacted (for the last week and a half by the tour officials). Within 8 hours I received the following information in relation to my questions from the Saeco press office.
It has now been released as an official Saeco press release and its contents are explosive in relation to the story that the South Australian Government is allowing to go out in their name. It is an official statement from the team manager Claudio Corti. I appreciate the cooperation I have received from Saeco in this regard - quick, precise and consistent. Here is the release in full (edited for grammatical clarity in the translation).
Team Manager Corti answers to the Organizers of Tour Down Under - "They knew since November that Cipollini won’t go to Australia"
Mario Cipollini won’t take part to Tour Down Under, scheduled in Australia in January 19-24, as communicated by Saeco-Cannondale Team with the official entry form sent to the organization of the race in the first half of November. The riders entered in the race were in fact Andriotto, China, Commesso, Kokorine, Mazzoleni, Mori, Morscher and Traversoni.
Referring to the press release issued by the organizers of Tour Down Under today, December 31st 1998, Team Manager Claudio Corti said: "We had contacts with Mr Ron Webb, representing Tour Down Under Organization in Europe, last July. We subscribed a commitment of participating. We had been told that the "favourite" riders were Cipollini, Gotti and Mori.
I explained to Mr. Webb that it was impossible for me to give any confirmation about the participation of those riders because Gotti wouldn’t be part of the Saeco Cannondale Team in 1999, and I’d communicate who will then take part at Tour Down Under only when the technical staff of my team decided the race program of the season.
And so it was: in the first days of November we sent the official entry form to the organizers, who in fact sent us the flight-tickets for the riders. Not one of those tickets was made out in Cipollini’s name. So the organization of Tour Down Under knew very well that Cipollini would not take part in the race since last November."
"There is one more thing - said Corti - I’d like to specify: nobody has ever asked me, in the last few days or ever, an official confirmation that Cipollini won’t be going to Australia. And I ask myself: if the organizers of Tour Down Under are so careful to read Italian press (I learn from their press release that Italian newspapers confirmed Cipollini’s participation to their race, a fact that I’ve never read anywhere in the Italian press) how could they miss the fact that Cipollini’s season first race will be in Spain?".
Questions to answer:
In the light of these statements from Saeco, one imagines that the South Australian Government has some explaining to do. The race is being run largely at the taxpayers' expense. There are blatant political dimensions to the promotion. The state of the South Australian economy is in bad shape because of the type of economic policies that the Liberal government is pursuing there. They have cut back government expenditure on welfare, education, public service and the like. They can still spend large amounts of this type of sport's event in the belief that it makes them look better.
But to use a major international cycling star's name to promote the race when the star's team manager is alleging that they have known since November that he would not be coming would be putting the Government above the rule of law. Government's that lie to us are not worth their place in office.
I think that some serious questions now have to be answered.
We await answers.
1. Mapei (Ita) 2. Casino (Fra) 3. Rabobank (Ned) 4. Festina (Spa) 5. Polti (Ita) 6. Banesto (Spa) 7. Vinavil (Ita) 8. ONCE (Spa) 9. Telekom (Ger) 10. Mercatone Uno (Ita) 11. Cofidis (Fra) 12. Saeco (Ita) 13. Lotto (Bel) 14. TVM (Ned) 15. US Postal (USA) 16. Kelme (Spa)