Judge Again Stalls Linn State Drug Testing

4 years ago October 25, 2011 Oct 25, 2011 Tuesday, October 25 2011 Tuesday, October 25, 2011 5:59:14 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
JEFFERSON CITY (AP) — Twelve cities are arguing a state law capping how much revenue municipalities can draw from traffic... More >>
6 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 7:21:46 PM CST in Continuous News
MOLINE ACRES (AP) — Police in the St. Louis suburb of Moline Acres are investigating the stabbing death of a... More >>
6 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 7:12:57 PM CST in Continuous News
COLUMBIA - Trade deals between Missouri and Colombia and Peru could bring more than 6,000 jobs to the state in... More >>
6 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 6:27:09 PM CST in Continuous News
CAMDENTON - The Camden County Sheriff's Office is investigating allegations of criminal behavior within the courthouse. The investigation started... More >>
7 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 6:22:56 PM CST in Continuous News
COLUMBIA - A job application for at-risk Columbia youth to get paid work experience ends Friday at midnight. The... More >>
7 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 6:15:48 PM CST in Continuous News
COLUMBIA - A body was found under Highway 63 bridge near Clark Lane and Hinkson Creek Friday. The cause... More >>
7 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 5:50:52 PM CST in Continuous News
SLATER - A teacher was injured in a chemical explosion at Slater High School Friday. The woman was taken... More >>
8 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 4:44:21 PM CST in Continuous News
COLUMBIA - Mizzou's athletic department suspended two basketball players from Saturday's game. Jakeenan Gant and Russell Woods were told... More >>
9 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 4:16:06 PM CST in Continuous News
COLUMBIA – The White House announced Friday the lowest unemployment rate since 2008, sparking feelings of both optimism and frustration... More >>
9 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 3:51:14 PM CST in Continuous News
COLUMBIA - More than 1,000 firefighters, emergency personnel and responders from across the country traveled to mid-Missouri Friday for dozens... More >>
10 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 3:18:50 PM CST in Continuous News
WASHINGTON (AP) — President Barack Obama is using new jobs numbers to take a victory lap on the economy. ... More >>
10 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 2:49:00 PM CST in Continuous News
WARRENTON (AP) — A mid-Missouri man has been sentenced to 30 years in prison for the shooting death of his... More >>
12 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 1:13:17 PM CST in Continuous News
JEFFERSON CITY — The United Way of Central Missouri held its annual meeting Friday at the Capitol Plaza Hotel in... More >>
12 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 12:51:27 PM CST in Continuous News
COLUMBIA (AP) — Several University of Missouri students are pressing the system's governing board for faster reforms in diversity as... More >>
13 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 11:57:22 AM CST in Continuous News
JEFFERSON CITY — One state lawmaker has dropped his restraining order against a fellow representative. The two are now working... More >>
14 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 10:41:04 AM CST in Continuous News
COLUMBIA (AP) — The search committee for a new University of Missouri system president will include two students, two faculty... More >>
14 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 11:09:04 AM CST in Continuous News
MILTON, Fla. (AP) — A sheriff's sergeant in the Florida Panhandle says the search for a Missouri couple suspected in... More >>
16 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 9:14:59 AM CST in Continuous News
SPRINGFIELD (AP) — Advocates for the homeless say Springfield police have told people they have 48 hours to leave homeless... More >>
16 hours ago February 05, 2016 Feb 5, 2016 Friday, February 05 2016 Friday, February 05, 2016 9:08:12 AM CST in Continuous News
Interactive Radar Columbia, MO
Broken Clouds 32°
2am 32°
3am 31°
4am 31°
5am 31°
Select a station to view its upcoming show schedule: KOMU 8 CW Mid-Missouri's CW

Coming Up Next

1:07 amThe Insider
1:37 amAccess Hollywood
2:07 amThe Meredith Vieira Show

Tonight's Schedule

7:00 pmDateline NBC
9:00 pmSaturday Night Live

Coming Up Next

1:00 amThe King of Queens
1:30 amSeinfeld
2:00 amPaid Program

Tonight's Schedule

7:00 pmFamily Guy
7:30 pmFamily Guy
8:00 pmBob's Burgers
8:30 pmBob's Burgers
9:00 pmKOMU 8 News @ Nine on The CW
9:30 pmSeinfeld