Random Drug Testing on Trial in Wahkiakum
The only reason that I know where Wahkiakum is is from having grown up in Southwest Washington. It's really a beautiful part of Washington, down west of I-5 on your way to Long Beach, and now it's a battle ground for the ACLU and drug testing. From The Daily News in Longview:
After more than six years, a lawsuit challenging Wahkiakum School District's policy of conducting random drug tests of student athletes will finally get its day in court this week.The controversy began in 1999 when Wahkiakum school officials began testing middle- and high-school athletes in an effort to curb drug use, which school officials said was reaching epidemic levels.
Parents of two student athletes objected to the tests, which were required for participation in school sports. The parents, represented by the American Civil Liberties Union, sued to ban the tests.
Hans and Katherine York and Paul and Sharon Schneider, all of Cathlamet, and the ACLU argue that the testing is unconstitutional because it's administered without suspicion of wrongdoing.
The school district, represented by Wahkiakum County Prosecutor Fred Johnson, contends that a compelling interest in reducing drug use overrides any invasion of privacy.Both parties have requested a summary judgment. The civil rights group and the school district will present oral arguments in Wahkiakum County's Superior Court at 10 a.m. Thursday, and a final decision will be made sometime thereafter.
The summary judgment motion may truncate a lengthy trial, Johnson said. "Everyone is saying there aren't any factual disputes, just legal disputes," he said last week.This will be the first court decision in Washington regarding school drug testing, and the ultimate decision may decide how aggressively schools statewide can test for drugs."It's good that we're moving along," Johnson said. "I think this is an issue that needs to be resolved, and that's why the Wahkiakum School District, though it's not the largest district in the state by far, is pursing this. ... It's an issue of significance to the schools and students in the state of Washington."
The lawsuit has taken a roundabout path to trial. Although the district has halted testing pending a trial, the ACLU carried the issue to the Court of Appeals after a judge refused to issue an injunction against the tests. A 2002 appeals court decision, which on the one hand said the issue was moot and on the other hand agreed with the school district, allowed the lawsuit to go forward in Superior Court.
Compelling public interest or not, I have an awfully hard time with the idea that it's OK to force someone to submit to a urinalysis when there's no evidence that they've done anything wrong. Even if there's ample proof that they've done drugs I think this is something that should be the ultimate responsibility of the parents, and if you give them the information and they choose to do nothing about it then you pursue your options with Child Protective Services.
If this policy had been in place when I was in school, I still wouldn't have done drugs, but I also wouldn't have played sports.
After more than six years, a lawsuit challenging Wahkiakum School District's policy of conducting random drug tests of student athletes will finally get its day in court this week.The controversy began in 1999 when Wahkiakum school officials began testing middle- and high-school athletes in an effort to curb drug use, which school officials said was reaching epidemic levels.
Parents of two student athletes objected to the tests, which were required for participation in school sports. The parents, represented by the American Civil Liberties Union, sued to ban the tests.
Hans and Katherine York and Paul and Sharon Schneider, all of Cathlamet, and the ACLU argue that the testing is unconstitutional because it's administered without suspicion of wrongdoing.
The school district, represented by Wahkiakum County Prosecutor Fred Johnson, contends that a compelling interest in reducing drug use overrides any invasion of privacy.Both parties have requested a summary judgment. The civil rights group and the school district will present oral arguments in Wahkiakum County's Superior Court at 10 a.m. Thursday, and a final decision will be made sometime thereafter.
The summary judgment motion may truncate a lengthy trial, Johnson said. "Everyone is saying there aren't any factual disputes, just legal disputes," he said last week.This will be the first court decision in Washington regarding school drug testing, and the ultimate decision may decide how aggressively schools statewide can test for drugs."It's good that we're moving along," Johnson said. "I think this is an issue that needs to be resolved, and that's why the Wahkiakum School District, though it's not the largest district in the state by far, is pursing this. ... It's an issue of significance to the schools and students in the state of Washington."
The lawsuit has taken a roundabout path to trial. Although the district has halted testing pending a trial, the ACLU carried the issue to the Court of Appeals after a judge refused to issue an injunction against the tests. A 2002 appeals court decision, which on the one hand said the issue was moot and on the other hand agreed with the school district, allowed the lawsuit to go forward in Superior Court.
Compelling public interest or not, I have an awfully hard time with the idea that it's OK to force someone to submit to a urinalysis when there's no evidence that they've done anything wrong. Even if there's ample proof that they've done drugs I think this is something that should be the ultimate responsibility of the parents, and if you give them the information and they choose to do nothing about it then you pursue your options with Child Protective Services.
If this policy had been in place when I was in school, I still wouldn't have done drugs, but I also wouldn't have played sports.
posted by Ryan at 1:03 PM
0 Comments:
Post a Comment
<< Home