Pubdate: Thu, 16 Mar 2000
Source: Floyd County Hesperian-Beacon (TX)
Contact:  http://www.texasonline.net/floydco/index.htm
Author: Alice Gilroy

ACLU FIGHTS LISD DRUG POLICY

The American Civil Liberties Union has followed through on a threat to sue
Lockney Independent School District over their drug testing policy.

Calling a news conference on Wednesday, March 8, ACLU lawyers were joined by
Larry Tannahill, of Lockney.

The ACLU is representing Tannahill, on behalf of his 12 year old son Brady
in the suit against LISD.

Filed in the U.S. District Court, the case will be heard by Judge Sam
Cummings in Lubbock.

Lockney approved a drug testing policy in November which would test all
junior high and high school students and LISD faculty and staff. The first
test will be a blanket test and all tests after that would be done at
random.

Tannahill has said he did not object to the testing, but did object to the
issue of punishment if a child refuses to take the test, or a parent refuses
to sign the consent form.

According to LISD policy any refusal from a child would be treated as a
positive test. If a parent refused to sign the consent form, the child would
also be considered as having a positive test. Punishment would vary
according to how many offenses, however it would include in-school
suspension, counseling, and a ban from extracurricular activities.

Tannahill refused to sign the consent form for his son, and pursued a suit
against LISD to stop the drug policy. Tannahill was the only parent who
refused to sign the policy. However he says he has widespread support.

LISD officials say they implemented the policy to give students another
reason to refuse drugs and to help parents and teachers fight the drug
problem.

The ACLU says the "policy deprives him (Brady Tannahill) of his right to be
free from unreasonable search and seizure as guaranteed to him by the Fourth
and Fourteenth Amendment".

The lawsuit names all LISD trustees and Superintendent Raymond Lusk as
defendants in the case. Trustees are: Bernie Ford, John Quebe, Dan Smith,
Jesse Garza, Jim Martin, and Mike Mathis.

The suit asks the court to declare the LISD policy "invalid, illegal, and a
deprivation of Plaintiff's rights."

The suit states that LISD told Tannahill he would not be punished until
after the Board considered his objections at their regularly scheduled
meeting, March 23. The suit requests that the Court permanently enjoin
defendants from enforcing Lockney's policy.

Tannahill is not seeking a monetary award apart from "attorney's fees, costs
of suit, post judgement interest and such other relief as may appear to the
Court to be proper."
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