http://www.wfpl.org/2009/10/16/drug-test-suit-appealed/ Louisville's NPR News Station Wed, 08 Feb 2012 21:27:02 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.wfpl.org/2009/10/16/drug-test-suit-appealed/#comment-605 Greg Belzley Sat, 17 Oct 2009 15:53:33 +0000 http://www.wfpl.org/?p=9770#comment-605 I appreciate WFPL's attention to this topic. Unfortunately, what is not clear from the article is that the drug-testing process in issue required to look directly at the genitals of the person being tested and to watch the urine exiting the body. This testing process thus went well beyond what people have to endure in strip-searches, which the courts have condemned in instances in which there is no individualized suspicion that the person is carrying or concealing contraband. Requiring that someone permit not only observation of their genitalia, but to do so while performing an excretory function goes far beyond what courts have traditionally considered constitutional absent some reasonable, individualized suspicion that the person might tamper with the sample. This is why we filed the lawsuit, and why we are appealing the court's decision. I appreciate WFPL’s attention to this topic. Unfortunately, what is not clear from the article is that the drug-testing process in issue required to look directly at the genitals of the person being tested and to watch the urine exiting the body. This testing process thus went well beyond what people have to endure in strip-searches, which the courts have condemned in instances in which there is no individualized suspicion that the person is carrying or concealing contraband. Requiring that someone permit not only observation of their genitalia, but to do so while performing an excretory function goes far beyond what courts have traditionally considered constitutional absent some reasonable, individualized suspicion that the person might tamper with the sample. This is why we filed the lawsuit, and why we are appealing the court’s decision.

]]>