Judge Again Stalls Linn State Drug Testing

6 years 1 month 3 weeks ago Tuesday, October 25 2011 Oct 25, 2011 Tuesday, October 25, 2011 5:59:00 PM CDT October 25, 2011 in News
By: Megan Noe
loading

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 - The Wyss Medical Foundation donated $2 million to the Missouri Orthapaedic Institute for the work of lead orthopaedic... More >>
1 hour ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 5:05:00 PM CST December 16, 2017 in News
NEW BLOOMFIELD- A two vehicle car wreck Saturday left one person dead and another injured, according to the Missouri State... More >>
2 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 4:19:00 PM CST December 16, 2017 in News
COLUMBIA- On Friday, the Columbia Police Department inducted eight new recruits, the largest class of officers in years. The... More >>
2 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 4:03:00 PM CST December 16, 2017 in News
JACKSONVILLE - An estimated 400 people attended a wreath laying ceremony Saturday at the Jacksonville State Veterans Cemetery. It... More >>
3 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 3:31:00 PM CST December 16, 2017 in News
COLUMBIA – Graduation day is long awaited by many and Amy Kiso Bledsoe is no exception. Bledsoe was... More >>
3 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 2:47:00 PM CST December 16, 2017 in News
ST. LOUIS (AP) — As Missouri struggles with the epidemic of opioid abuse, no place in the state has been... More >>
5 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 1:10:14 PM CST December 16, 2017 in News
BOONE COUNTY - A furnace malfunction caused a fire in a trailer home on Pratherville Road Saturday morning. Gale... More >>
6 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 12:05:48 PM CST December 16, 2017 in News
KANSAS CITY, Mo. (AP) — People returning to Kansas City after being released from prison will get a 90-day supply... More >>
7 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 11:25:12 AM CST December 16, 2017 in News
BOONE COUNTY - Firefighters responded to a shed fire off of Highway 40 near Rocheport Saturday morning. Boone County... More >>
8 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 10:04:00 AM CST December 16, 2017 in News
KANSAS CITY, Mo. (AP) — Officials with the University of Missouri-Kansas City say students will soon have access to state-of-the-art... More >>
10 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 8:16:45 AM CST December 16, 2017 in Continuous News
COLUMBIA - Cat cafes have popped up across the world in cities including New York City, London and Tokyo, and... More >>
11 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 7:36:00 AM CST December 16, 2017 in News
JEFFERSON CITY - Some Jefferson City kids are getting the chance at a Merry Christmas this year with the help... More >>
18 hours ago Saturday, December 16 2017 Dec 16, 2017 Saturday, December 16, 2017 12:00:00 AM CST December 16, 2017 in Top Stories
COLUMBIA - The Missouri State Highway Patrol has confirmed it has fired Trooper Anthony Piercy. KOMU 8 spoke to... More >>
21 hours ago Friday, December 15 2017 Dec 15, 2017 Friday, December 15, 2017 8:42:00 PM CST December 15, 2017 in News
COLUMBIA - St. Louis officers arrested a suspect that was on the run in a duplex on Sears Court in... More >>
22 hours ago Friday, December 15 2017 Dec 15, 2017 Friday, December 15, 2017 8:29:00 PM CST December 15, 2017 in News
COLUMBIA - The application for the top education position in the state, Missouri State Education Board Commissioner, opened Friday leaving... More >>
22 hours ago Friday, December 15 2017 Dec 15, 2017 Friday, December 15, 2017 8:02:00 PM CST December 15, 2017 in News
BLUE SPRINGS (AP) — A commercial real estate records company based in suburban Kansas City has abruptly shut down, leaving... More >>
22 hours ago Friday, December 15 2017 Dec 15, 2017 Friday, December 15, 2017 7:42:00 PM CST December 15, 2017 in Top Stories
COLUMBIA - The Columbia Fire Department say a house fire that killed a cat Friday afternoon started in the kitchen.... More >>
23 hours ago Friday, December 15 2017 Dec 15, 2017 Friday, December 15, 2017 7:29:00 PM CST December 15, 2017 in News
COLUMBIA - For the past six years Ryan Shultz, the creator/owner of the Candy Cane Crib, has shared a well-lit... More >>
23 hours ago Friday, December 15 2017 Dec 15, 2017 Friday, December 15, 2017 7:17:00 PM CST December 15, 2017 in News
Columbia, MO
Broken Clouds 50°
7pm 49°
8pm 47°
9pm 45°
10pm 45°

Select a station to view its upcoming schedule:

Coming Up Next

6:30p
Wheel of Fortune
7:00p
Will & Grace
7:30p
Superstore
6:30p
The Cleveland Show
7:00p
Family Guy
7:30p
Family Guy

Tonight's Schedule

7:00p
Will & Grace
7:30p
Superstore
8:00p
Dateline NBC
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