straube, on Feb 8 2009, 12:50 PM, said:
Let's say I sat down at the table and pre-alert my 1D bid as showing four spades. The opponents object and ask if I have a pre-approved defense. I say that my 1D is an all-purpose bid and that I've got an email from the ACBL that says I can use it to show four spades. I say that all-purpose bids don't require pre-approved defenses but I can suggest a defense or they can make one of their own. I say I only pre-alerted my bid as a courtesy to them because most pairs aren't used to such a bid. The TD is called and he rules that my 1D is illegal. I comply with the ruling and finish the session. Then what? I've already had my email from the ACBL in hand saying I can use it; no mention was made of needing a pre-approved defense or needing to pre-alert the bid. How do I appeal and how do I avoid this situation again? Again, these aren't rhetorical questions. I'd just like to know if/where I'm wrong and why and what I would do next.
In theory, the correct procedure is to appeal the TD's ruling at the time, and no later than 30 minutes after the scores are posted. The AC should, IMO, rule that they cannot overrule the TD, because this is a matter of interpretation of law or regulation, and not a matter of "bridge judgment". They might suggest that the TD reconsider his ruling, but they can't require him to change it, or issue a different ruling. Then, you appeal to the National Authority under Law 93C. However, the ACBL will probably not hear such an appeal (especially if it comes from a club). An appeal on a matter of law will go to the ACBL Laws Commission, which will hear it only at their discretion. IOW, IMO, probably not. There's the further complication that this is a matter of regulation, not directly a matter of law. I would argue to the LC that because regulations are supplementary to the laws, any regulation is in fact and in law part of the law it supplements, and therefore the responsibility, ultimately, of the LC. If the LC rejected that argument, I would argue that election number 9, which would under Law 93C3(a) make the appeal the purview of the AC is not applicable because the determination of correct interpretation of a regulation is no more crucial to the progress of the tournament than is the determination of correct interpretation of a law. I would argue further that in this case election number 9 is illegal, because it violates the provision of Law 93B3 that an AC may not override the TD on matters of interpretation of a law or regulation.
All of this is purely hypothetical, of course. In practice, you're screwed.
![:ph34r:](http://www.bridgebase.com/forums/public/style_emoticons/default/ph34r.gif)
I suppose you could take the stand that one TD's position is not binding on any other (unless he's the DIC of the whole tournament, and then only for that tournament, or the ACBL CTD, in which case I suppose it's binding on any ACBL employee TD, i.e., not binding on club TDs). Then you would simply not use the agreement at any tournament where the DIC has told you not to, but use it at any tournament where somebody else is the DIC. Eventually, you will amass a file of differing rulings, or not. I suppose you could submit the file to Rick Beye, but if he rules against you, well, that the end of it. BTW, if your letter from "the ACBL" was signed by Rick, then you should carry it with you and show it to any TD who rules your agreement illegal. If it's not from Rick, it is IMO so much waste paper. In the case of clubs, we are told by the ACBL (in the ACBL Handbook, iirc) that our only recourse to a disagreement over something like this at a club is to either convince club management the TD is wrong (good luck with that, given that in most ACBL clubs the TD
is the management) or vote with your feet and don't play there any more.
NB: IMNSHO, matters of interpretation of regulation should ultimately be under the jurisdiction of the committee that wrote the regulation (in this case, the C&C committee), unless it's a question whether the regulation is itself illegal under the laws. Of course, nobody in Memphis (or anywhere else, probably) cares about my opinion.