Judge Again Stalls Linn State Drug Testing

7 years 11 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 —The University of Missouri issued a statement Friday that the MU Department of Theatre was "in error" when it... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 5:52:00 PM CDT October 18, 2019 in News
COLUMBIA - Friday Night Fever’s Week 8 Game of the Week features a dominant Helias (6-1) visited by a surging... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 5:44:00 PM CDT October 18, 2019 in Friday Night Fever
COLUMBIA — The True False Film Festival and Ragtag Cinema are dissolving their relationship with Columbia church The Crossing. Cinema... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 5:33:00 PM CDT October 18, 2019 in News
COLUMBIA - Springfield Mayor Ken McClure hosted a group for a strategy session that included Governor Mike Parson in October.... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 4:18:00 PM CDT October 18, 2019 in News
KANSAS CITY - The extent of Kansas City Chiefs quarterback Patrick Mahomes' leg injury sustained during the team's Thursday night... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 3:07:00 PM CDT October 18, 2019 in Sports
JEFFERSON CITY - A damaged downtown Jefferson City building is scheduled for demolition, but the owners have filed an appeal... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 2:26:00 PM CDT October 18, 2019 in Continuous News
COLUMBIA - A drug company's decision is causing new worries for the families of children with cancer. Vincristine, a... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 1:55:00 PM CDT October 18, 2019 in News
JEFFERSON CITY - Jefferson City Police investigated a threat at Thomas Jefferson Middle School on Friday. TJMS sent out... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 1:27:00 PM CDT October 18, 2019 in News
COLUMBIA - A woman is dead after a car crash on Highway 63 in Columbia on Thursday afternoon. Columbia... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 11:57:00 AM CDT October 18, 2019 in Top Stories
COLUMBIA - Leaders from several organizations from around Boone County gathered Friday to talk about various county-wide goals. The... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 11:10:00 AM CDT October 18, 2019 in Top Stories
KANSAS CITY, Mo. (AP) — Authorities are investigating a triple homicide in a Kansas City neighborhood. Police spokesman... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 11:01:00 AM CDT October 18, 2019 in Continuous News
COLUMBIA - A man was arrested Thursday evening after police found dangerous drugs during a routine traffic stop. The arrest... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 4:29:00 AM CDT October 18, 2019 in News
JEFFERSON CITY - The fifth annual Project Homeless Connect begins Friday. The event provides support for those experiencing homelessness,... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 3:23:00 AM CDT October 18, 2019 in Top Stories
COLUMBIA - Sixteen Columbians will travel to Columbia's Japanese sister city, Hakusan City, to reaffirm the relationship between the two... More >>
2 days ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 2:29:00 AM CDT October 18, 2019 in News
COLUMBIA — After a controversial sermon at The Crossing on Sunday, the LGBTQ community is calling for those involved to... More >>
3 days ago Thursday, October 17 2019 Oct 17, 2019 Thursday, October 17, 2019 7:41:00 PM CDT October 17, 2019 in News
COLUMBIA - The Princeton Review named the University of Missouri to three of its "best" lists. MU made the... More >>
3 days ago Thursday, October 17 2019 Oct 17, 2019 Thursday, October 17, 2019 6:16:51 PM CDT October 17, 2019 in News
Walt Disney once said, "All dreams can come true, if we have the courage to pursue them." If your dream... More >>
3 days ago Thursday, October 17 2019 Oct 17, 2019 Thursday, October 17, 2019 5:25:44 PM CDT October 17, 2019 in News
COLUMBIA - Simmons Bank, the Arkansas-based bank which bought Landmark Bank over the summer, confirmed some positions will be eliminated.... More >>
3 days ago Thursday, October 17 2019 Oct 17, 2019 Thursday, October 17, 2019 5:01:00 PM CDT October 17, 2019 in News
Columbia, MO
Broken Clouds 58°
12am 58°
1am 58°
2am 58°
3am 57°