Judge Again Stalls Linn State Drug Testing

4 years 7 months 4 days ago October 25, 2011 Oct 25, 2011 Tuesday, October 25 2011 Tuesday, October 25, 2011 5:59:00 PM CDT in News
By: Megan Noe

JEFFERSON CITY - Judge Nanette Laughrey granted a preliminary injunction Tuesday, continuing to block a Linn State Technical College program of drug-testing every new student.

The American Civil Liberties Union filed a lawsuit September 14, asking Linn State to end the drug screening. The U.S. District Court then took the first step to block the program by issuing a temporary restraining order, and continued that process again Tuesday. Meanwhile, Linn State is studying the matter and discussing a possible appeal.

The ACLU argues the policy violates Fourth Amendment protection from unreasonable searches. It also claims the drug testing policy is overbroad, as it applies to all incoming students, not just those participating in dangerous programs. There is also almost no history of serious accidents at Linn State, and no evidence of drugs and alcohol as a factor in those accidents.

Linn State spent a majority of the time calling instructors as witnesses, each of whom testified to the particular dangers associated with the hands-on work of their educational programs. A counselor also said he had received fewer substance abuse referrels since the implementation of the drug testing policy this year than in past semesters. Attorneys also emphasized the ability of students to opt out of the program through a petition process, and the fact that students are not forced to attend Linn State.

In her decision, Judge Laughrey said the screening policy goes overbroad. She held the vague appeals process is not sufficient to outweigh the Fourth Amendment protections.

Linn State's attorney Kent Brown said, "Since Linn State is in such a unique position, both in terms of its programs that are offered as well as being one of the first programs in the nation, it's not surprising that the judge would be looking for guidance from the higher appellate courts and didn't find it in this case, and opted for the more conservative view which is to keep things as they are until they can be resolved in another forum."

"We're very pleased that the judge found that Linn State's drug testing program is unconstitutional, that it violates the Fourth Amendment. This really was an unprecedented attempt to try to drug test all students in a college, it's a little bit breathtaking how broad it was," said Tony Rothert, legal director for the ACLU of Eastern Missouri.

More News

Grid
List
COLUMBIA - As an event promoter for Off Track Events, Colin LaVaute has planned plenty of races in his work... More >>
8 hours ago May 30, 2016 May 30, 2016 Monday, May 30 2016 Monday, May 30, 2016 3:01:00 AM CDT in News
COLUMBIA — Over 600 people in south Columbia experienced power outages around 10 p.m. according to Columbia Water and Light.... More >>
11 hours ago May 29, 2016 May 29, 2016 Sunday, May 29 2016 Sunday, May 29, 2016 11:44:00 PM CDT in News
BOONE COUNTY - Flooding along the banks of the Missouri River caused a change of plans for some Mid-Missouri residents... More >>
17 hours ago May 29, 2016 May 29, 2016 Sunday, May 29 2016 Sunday, May 29, 2016 6:02:00 PM CDT in News
COLUMBIA - This year's Memorial Day parade will take a different route through downtown Columbia in an effort to limit... More >>
19 hours ago May 29, 2016 May 29, 2016 Sunday, May 29 2016 Sunday, May 29, 2016 3:38:00 PM CDT in News
BUCKHORN – The annual Mid-America Freedom Rally (MAFR) held an Honor Guard Ceremony Sunday afternoon. The event is a Memorial... More >>
20 hours ago May 29, 2016 May 29, 2016 Sunday, May 29 2016 Sunday, May 29, 2016 3:02:00 PM CDT in News
COLUMBIA — Columbia Parks and Recreation finished renovations to the Lake of the Woods Golf Course last Friday. Attracting... More >>
20 hours ago May 29, 2016 May 29, 2016 Sunday, May 29 2016 Sunday, May 29, 2016 2:40:00 PM CDT in News
TIPTON - Authorities are investigating a shooting that left a 19-year-old dead in Tipton late Saturday night. According to... More >>
21 hours ago May 29, 2016 May 29, 2016 Sunday, May 29 2016 Sunday, May 29, 2016 1:51:00 PM CDT in News
MOBERLY – Mid-Missourians could immerse themselves in history this Memorial Day weekend at a World War II reenactment in Moberly.... More >>
1 day ago May 28, 2016 May 28, 2016 Saturday, May 28 2016 Saturday, May 28, 2016 7:39:00 PM CDT in Continuous News
CENTRALIA — A Memorial Day display in Centralia is one that turns heads as people pass by. The "Avenue... More >>
1 day ago May 28, 2016 May 28, 2016 Saturday, May 28 2016 Saturday, May 28, 2016 5:26:00 PM CDT in News
FULTON - VFW Post 2657 celebrated Memorial Day with the sale of “Buddy” Poppies. VFW members and volunteers stood... More >>
1 day ago May 28, 2016 May 28, 2016 Saturday, May 28 2016 Saturday, May 28, 2016 3:08:00 PM CDT in News
COLUMBIA - The 28th annual Salute to Veterans Celebration and Air Show took flight Saturday at the Columbia Regional Airport.... More >>
1 day ago May 28, 2016 May 28, 2016 Saturday, May 28 2016 Saturday, May 28, 2016 1:08:00 PM CDT in News
JEFFERSON CITY (AP) — Missouri lawmakers took steps this year to address the growing number of drug overdoses, but health... More >>
1 day ago May 28, 2016 May 28, 2016 Saturday, May 28 2016 Saturday, May 28, 2016 12:54:44 PM CDT in News
BUTLER (AP) — A western Missouri community is grieving after the death of a spunky 12-year-old who was killed in... More >>
1 day ago May 28, 2016 May 28, 2016 Saturday, May 28 2016 Saturday, May 28, 2016 11:41:14 AM CDT in News
COLUMBIA – While many convenience stores are working extra hours to keep up with record-breaking Memorial Day travel predictions ,... More >>
2 days ago May 28, 2016 May 28, 2016 Saturday, May 28 2016 Saturday, May 28, 2016 11:02:00 AM CDT in News
KANSAS CITY (AP) — A Kansas City woman who pleaded guilty to second-degree murder in the death of her 2-year-old... More >>
2 days ago May 27, 2016 May 27, 2016 Friday, May 27 2016 Friday, May 27, 2016 11:10:23 PM CDT in News
COLUMBIA — A 22-year-old man was taken to the hospital with non-life threatening injuries Friday after he was shot twice.... More >>
2 days ago May 27, 2016 May 27, 2016 Friday, May 27 2016 Friday, May 27, 2016 10:52:00 PM CDT in News
CAPE GIRARDEAU (AP) — A man has been arrested and charged in the death of a man whose body was... More >>
2 days ago May 27, 2016 May 27, 2016 Friday, May 27 2016 Friday, May 27, 2016 8:15:25 PM CDT in News
JEFFERSON CITY — Gov. Jay Nixon declared a state of emergency Friday as severe storms could bring more flooding throughout... More >>
2 days ago May 27, 2016 May 27, 2016 Friday, May 27 2016 Friday, May 27, 2016 7:38:00 PM CDT in News
Columbia, MO
Broken Clouds 82°
12pm 84°
1pm 85°
2pm 86°
3pm 87°

Select a station to view its upcoming schedule:

Coming Up Next

11:00a
Rachael Ray
12:00p
2016 French Open
3:00p
The Dr. Oz Show
11:00a
Cheaters
11:30a
Cheaters
12:00p
Jerry Springer

Tonight's Schedule

7:00p
2016 Stanley Cup Final
7:00p
Memorial Day
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld