Judge Again Stalls Linn State Drug Testing

7 years 5 months 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 - Parents and fans cheered from the bleachers as they watched students of all different abilities show off their... More >>
1 hour ago Thursday, April 18 2019 Apr 18, 2019 Thursday, April 18, 2019 7:34:00 PM CDT April 18, 2019 in News
JEFFERSON CITY - People packed the hearing room for a Senate hearing Thursday on a bill that would expand where... More >>
2 hours ago Thursday, April 18 2019 Apr 18, 2019 Thursday, April 18, 2019 6:17:00 PM CDT April 18, 2019 in News
OSAGE BEACH - Osage Beach residents are expressing concerns about a proposed ordinance that would legalize the sale and use... More >>
3 hours ago Thursday, April 18 2019 Apr 18, 2019 Thursday, April 18, 2019 6:11:00 PM CDT April 18, 2019 in News
TANGLEWOOD - The Callaway County Ambulance District had plans to move into a new building by the end of... More >>
4 hours ago Thursday, April 18 2019 Apr 18, 2019 Thursday, April 18, 2019 5:11:00 PM CDT April 18, 2019 in News
COOPER COUNTY - It's been four months since someone shot and killed Sioux Falls mother Melissa Peskey while she was... More >>
4 hours ago Thursday, April 18 2019 Apr 18, 2019 Thursday, April 18, 2019 5:06:00 PM CDT April 18, 2019 in News
COLUMBIA - The Public Transit Advisory Commission met Thursday night to discuss Columbia's bus route changes. According to Columbia's... More >>
5 hours ago Thursday, April 18 2019 Apr 18, 2019 Thursday, April 18, 2019 3:50:00 PM CDT April 18, 2019 in News
JEFFERSON CITY (AP) — A bill to change how Missouri colleges and universities handle complaints of sexual assault and harassment... More >>
7 hours ago Thursday, April 18 2019 Apr 18, 2019 Thursday, April 18, 2019 2:01:00 PM CDT April 18, 2019 in News
COLUMBIA - Nearly two years after Robert Mueller took on the role of special counsel to look into Russian election... More >>
10 hours ago Thursday, April 18 2019 Apr 18, 2019 Thursday, April 18, 2019 10:18:00 AM CDT April 18, 2019 in News
CALLAWAY COUNTY - Several agencies responded to a fire near Millersburg Thursday. Officials say they received a call around... More >>
14 hours ago Thursday, April 18 2019 Apr 18, 2019 Thursday, April 18, 2019 6:56:00 AM CDT April 18, 2019 in News
COLUMBIA - On April 18, 1969, Boone County National Bank filled a model rocket with things from the time period... More >>
18 hours ago Thursday, April 18 2019 Apr 18, 2019 Thursday, April 18, 2019 3:09:00 AM CDT April 18, 2019 in News
JEFFERSON CITY - The Jefferson City Parks and Recreation Department is considering removing a fee for dog park users. ... More >>
1 day ago Wednesday, April 17 2019 Apr 17, 2019 Wednesday, April 17, 2019 8:05:00 PM CDT April 17, 2019 in News
FULTON - Wednesday marked two years since Carl DeBrodie was reported missing from an assisted living facility in Fulton, and... More >>
1 day ago Wednesday, April 17 2019 Apr 17, 2019 Wednesday, April 17, 2019 8:04:00 PM CDT April 17, 2019 in News
JEFFERSON CITY – A new bill up for hearing Wednesday night is fighting against the discrimination of what some consider... More >>
1 day ago Wednesday, April 17 2019 Apr 17, 2019 Wednesday, April 17, 2019 7:05:00 PM CDT April 17, 2019 in News
JEFFERSON CITY (AP) — An attempt to abolish jail time for possessing small amounts of marijuana has failed in... More >>
1 day ago Wednesday, April 17 2019 Apr 17, 2019 Wednesday, April 17, 2019 5:52:49 PM CDT April 17, 2019 in Continuous News
JEFFERSON CITY (AP) — Some Republican Missouri lawmakers are calling for the resignation of University of Missouri-Kansas City Chancellor C.... More >>
1 day ago Wednesday, April 17 2019 Apr 17, 2019 Wednesday, April 17, 2019 5:26:00 PM CDT April 17, 2019 in Continuous News
JEFFERSON CITY - Attorney General Eric Schmitt is using a new website to ask Missourians to share their real-life stories... More >>
1 day ago Wednesday, April 17 2019 Apr 17, 2019 Wednesday, April 17, 2019 5:25:00 PM CDT April 17, 2019 in News
COLUMBIA – KOMU 8 News has learned American Airlines is adding additional flights to Chicago starting Friday, May 3. ... More >>
1 day ago Wednesday, April 17 2019 Apr 17, 2019 Wednesday, April 17, 2019 5:00:00 PM CDT April 17, 2019 in News
COLUMBIA - The Battle Spartans have a new head football coach. Former Missouri Tiger and NFL defensive lineman Atiyyah... More >>
1 day ago Wednesday, April 17 2019 Apr 17, 2019 Wednesday, April 17, 2019 4:59:00 PM CDT April 17, 2019 in Sports
Columbia, MO
Broken Clouds 53°
10pm 51°
11pm 51°
12am 50°
1am 50°