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Thursday, March 13, 2008

The Drug Czar Must Be Feeling Pissy

posted by on March 13 at 12:45 PM

The Washington State Supreme Court this morning ruled unanimously that randomly testing students’ urine for drugs violates the state’s constitution. Drug tests now require suspicion of wrongdoing.

Implementing and maintaining random drug-testing programs, which are allowed under federal law, is listed at the top of Bush’s 2008 national drug-control strategy. The Drug Czar’s office argues that random drug testing reduces drug use, but the only peer-reviewed scientific study found it has no effect.

The decision permanently ends the practice here. “The Washington Supreme Court gets the last word on the Washington Constitution,” says Aaron Caplan, a staff attorney for ACLU of Washington, which litigated the case. Only three districts in the state have been randomly piss-testing students who participate in extracurricular activates; other districts have been holding off, waiting for this decision, despite the White House’s pressure and funding to start the programs. “One of the things we’re doing is making sure those districts know they need to stop and let other districts know they should not start,” says Caplan.

The case, York v. Wahkiakum School District, arose from disputes over testing the children of a Deputy Sherriff and emergency room manager in Wakiukum County, where a judge ruled the practice was within the law. But the Supes unanimously tossed out that decision. Writes Justice Sanders in the lead opinion:

The urinalysis test is by itself relatively unobtrusive. Nevertheless, a student is still required to provide his or her bodily fluids. Even if done in an enclosed stall, this is a significant intrusion on a student’s fundamental right of privacy. …

In sum, no argument has been presented that would bring the random drug testing within any reasonable interpretation of the constitutionally required “authority of law.”

Judge Madsen concurs:

As pointed out by the Washington Education Association and Drug Policy Alliance in their amicus brief, drug testing may actually be counterproductive, as participation in athletic activities is itself an important factor in discouraging drug use and the drug testing program may actually discourage such participation, isolating students from healthy activities. … Indeed, suspicionless drug testing jeopardizes other important educational objectives, including preparing students to become responsible citizens who share a common understanding and appreciation of our constitutional values.”

Caplan says the ruling is based primarily on precedent from a 1985 decision, also by the state’s high court, which concluded school officials chaperoning Renton students on a field trip could not randomly search for alcohol in the kids’ luggage. “You can’t search through luggage at random, you what makes you think you can search their bodies?” Caplan asks.

In January, the drug czar’s Office of National Drug Control Policy (ONDCP) sent a cadre of drug testing advocates to Highline Community College as part of a national campaign to persuade more school administrators to implement the programs here. Thus far, school districts around the country have received $36.1 million for the programs. Caplan says, “School districts in Washington are not allowed to take the ONDCP’s sucker money.”

The ONDCP has not returned calls for comment.

RSS icon Comments

1

$36.1? Boy, that'll go a long way.

Posted by Fifty-Two-Eighty | March 13, 2008 12:54 PM
2

Tell the ONDCP to spend their money in Afghanistan, where the source of the drug problem is.

Posted by Will in Seattle | March 13, 2008 1:01 PM
3

The source of any drug problem is where the drugs are demanded, not supplied. And if the problem is in schools, as the ONDCP would argue, then they should stop spewing their failed just-say-"no" rhetoric and exaggerating of the harms of drugs. That's not working. Instead, the ONDCP should provide science-based education about the *actual* harms of drugs, how to use drugs more responsibly if kids do choose to use drugs, and how to quit or reduce drug use if they' are abusing drugs. That would reduce drug abuse in schools.

Posted by Dominic Holden | March 13, 2008 1:12 PM
4

Will, you really are retarded. None, or practically none, of Afghanistan's copious opium and hashish ever make it to US users, they're going to Iran and Europe. Americans get their heroin from Mexico and South America.

the source of the drug problem is the drug war. period.

Posted by NaFun | March 13, 2008 1:27 PM
5

I concur! The idea of random drug testing rubs me wrong EVERYWHERE.

Posted by bree | March 13, 2008 1:30 PM
6

Not to mention drug testing is very expensive. Hiring additional (or any) counselor(s) could go a lot further in keeping these kids healthy.

Posted by Dougsf | March 13, 2008 1:32 PM
7

Wow, a rational, non-frothing at the mouth, non ass-covering political decision by "the authorities" regarding the rights of high school student to not be subject to random searches of their body fluids.

How refreshing--kudos to the Supremes!

Funny how many double negatives it takes to even comment on this issue in this day and age.

Posted by Westside forever | March 13, 2008 4:29 PM

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