Judge Again Stalls Linn State Drug Testing

4 years 6 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
MEXICO — Parents, teachers and potential foster parents are taking the opportunity to offer their kids a better life by... More >>
1 hour ago April 30, 2016 Apr 30, 2016 Saturday, April 30 2016 Saturday, April 30, 2016 6:15:00 AM CDT in News
BALLWIN (AP) — Republicans are choosing 40 of the 57 Missouri delegates to their national convention and many may not... More >>
2 hours ago April 30, 2016 Apr 30, 2016 Saturday, April 30 2016 Saturday, April 30, 2016 5:56:00 AM CDT in News
COLUMBIA — What was supposed to be a simple meet and greet resulted in a change of location and some... More >>
11 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 8:09:00 PM CDT in News
COLUMBIA — High school students from all over the state traveled to Columbia for the MSHSAA Music Festival, the state-level... More >>
12 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 8:01:00 PM CDT in News
COLUMBIA — Missouri residents will see more insects this Spring and Summer because temperatures did not hit below freezing enough... More >>
13 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 7:07:00 PM CDT in News
COLUMBIA — The City of Columbia utility department recently sent out 8,000 incorrect utility bills. Assistant Director Jim Windsor... More >>
14 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 5:36:00 PM CDT in News
COLUMBIA — The Columbia Senior Activity Center began its two-day spring garage sale on Friday. The annual garage sale... More >>
14 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 5:35:00 PM CDT in News
COLUMBIA — KOMU 8 News is always trying to find new ways to reach our audience. Following a fatal... More >>
15 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 5:00:00 PM CDT in Your View
JEFFERSON CITY (AP) — Gov. Jay Nixon has signed a mid-year increase to Missouri's budget that adds more than $460... More >>
15 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 4:08:53 PM CDT in News
FULTON — A student organization from Westminster College was recently recognized at the Clinton Global Initiative University meeting held at... More >>
16 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 3:59:00 PM CDT in News
COLE COUNTY — Firefighters rescued a man who was trapped by floodwaters from the Missouri River on Friday morning, according... More >>
16 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 3:43:00 PM CDT in News
COLUMBIA — With moving season almost in full swing, the Better Business Bureau is warning customers to be cautious as... More >>
16 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 3:42:00 PM CDT in News
COLUMBIA — In an email to faculty, staff and students Friday, MU Interim Chancellor Hank Foley announced a diversity leader... More >>
16 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 3:09:00 PM CDT in News
ST. LOUIS (AP) — A man accused of shooting at several people in a St. Louis park, including a park... More >>
17 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 2:34:01 PM CDT in News
COLUMBIA (AP) — A federal judge for now is leaving in place a preliminary injunction barring the state from revoking... More >>
17 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 2:31:49 PM CDT in News
COLUMBIA — Doctors, educators and activists from all over the country met Friday for a conference, with the goal of... More >>
17 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 2:19:00 PM CDT in News
AFFTON — Gov. Jay Nixon announced a new anti-hunger initiative during a visit to Rogers Middle School on Friday. ... More >>
20 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 11:58:00 AM CDT in News
FULTON — A Fulton couple charged in Tuesday's double homicide in Callaway County had their first court appearance Friday. ... More >>
20 hours ago April 29, 2016 Apr 29, 2016 Friday, April 29 2016 Friday, April 29, 2016 11:39:00 AM CDT in News
Columbia, MO
Broken Clouds 58°
9am 60°
10am 61°
11am 63°
12pm 65°

Select a station to view its upcoming schedule:

Coming Up Next

7:00a
Today Weekend
8:30a
Astroblast!
9:00a
KOMU 8 News Today
8:00a
Dog Town, USA
8:30a
Dog Whisperer with Cesar Millan: Family Edition
9:00a
Dog Whisperer with Cesar Millan: Family Edition

Tonight's Schedule

7:00p
2016 NHL Stanley Cup Playoffs
7:00p
Family Guy
7:30p
Family Guy
8:00p
Bob's Burgers
8:30p
Bob's Burgers
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld