Judge Again Stalls Linn State Drug Testing

5 years 1 month 2 weeks 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
Embed Code Copied

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
HOLTS SUMMIT - The Holts Summit Lions Club is hosting the second annual Christmas Festival Saturday before the start of... More >>
2 hours ago December 10, 2016 Dec 10, 2016 Saturday, December 10 2016 Saturday, December 10, 2016 4:42:00 AM CST in News
COLUMBIA - Overuse injuries appear to be growing increasing common in youth sports. According to a 2015 study by the... More >>
2 hours ago December 10, 2016 Dec 10, 2016 Saturday, December 10 2016 Saturday, December 10, 2016 4:25:00 AM CST in News
JEFFERSON CITY (AP) — Missouri's outgoing Democratic Gov. Jay Nixon is giving clemency to 15 people convicted of drug-related crimes... More >>
9 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 8:50:05 PM CST in News
JEFFERSON CITY (AP) — A former director of Missouri's unemployment benefits agency has agreed to a $2 million settlement to... More >>
10 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 8:36:46 PM CST in News
KANSAS CITY, Mo. (AP) — A woman assaulted as a girl during a 1982 attack that killed her mother wants... More >>
10 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 8:27:25 PM CST in News
JEFFERSON CITY (AP) — Missouri Auditor Nicole Galloway said she's reviewing state legal payments following reports of harassment and employee... More >>
10 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 8:16:29 PM CST in News
JEFFERSON CITY (AP) — Missouri Gov. Jay Nixon will work as a private attorney at a suburban St. Louis law... More >>
10 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 7:58:34 PM CST in News
SIKESTON (AP) — Police are investigating the shooting death of a high school student in southeast Missouri. KFVS-TV reports... More >>
10 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 7:52:30 PM CST in News
COLUMBIA - In an effort to increase access to healthy food choices, the U.S. Department of Agriculture announced new standards... More >>
11 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 7:01:00 PM CST in News
BOONE COUNTY - A fire forced a family to evacuate its Boone County home Friday afternoon. Firefighters responded to... More >>
13 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 5:17:00 PM CST in News
CALLAWAY COUNTY - Prosecutors charged a Holts Summit man with multiple felonies Friday in connection to a domestic dispute. ... More >>
13 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 4:52:00 PM CST in News
COLUMBIA - Many students worry their peers won't pay appropriately for a sexual misconduct offense. A bill being introduced to... More >>
15 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 3:25:00 PM CST in Top Stories
COLUMBIA - Gov. Jay Nixon announced recently visitors to the state and tourism spending are at an all-time high for... More >>
16 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 2:35:00 PM CST in News
JEFFERSON CITY - Two men suffered serious injuries in a head-on crash on Highway 50 Friday morning, the Jefferson City... More >>
16 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 2:26:00 PM CST in News
COLUMBIA – The University of Missouri System came out with a report Thursday that shows how much the system saves... More >>
16 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 1:56:00 PM CST in News
CAPE GIRARDEAU (AP) — Three juveniles have been arrested in connection with a threat to a southeast Missouri high school.... More >>
17 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 1:32:20 PM CST in News
KANSAS CITY, Mo. (AP) — A woman assaulted as a girl during a 1982 attack that killed her mother wants... More >>
18 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 12:28:38 PM CST in News
ST. LOUIS (AP) — A jury has convicted a man of shooting two police officers during a 2015 protest in... More >>
18 hours ago December 09, 2016 Dec 9, 2016 Friday, December 09 2016 Friday, December 09, 2016 12:22:20 PM CST in News
Columbia, MO
Broken Clouds 25°
7am 18°
8am 25°
9am 25°
10am 28°

Select a station to view its upcoming schedule:

Coming Up Next

6:00a
KOMU 8 News Today
7:00a
Today Weekend
8:30a
Naturally, Danny Seo
6:30a
Paid Program
7:00a
Calling Dr. Pol
7:30a
Calling Dr. Pol

Tonight's Schedule

7:00p
The Voice
9:00p
Saturday Night Live
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