Pubdate: Fri, 06 Apr 2001
Source: Lubbock Avalanche-Journal (TX)
Copyright: 2001 The Lubbock Avalanche-Journal
Contact:  http://www.lubbockonline.com/
Details: http://www.mapinc.org/media/841
Author: Brian Williams

LOCKNEY ISD SET TO APPEAL COURT RULING

The Lockney Independent School District will appeal a ruling which deemed 
its mandatory drug policy unconstitutional.

The 5th U.S. Circuit Court of Appeals in New Orleans received the notice of 
appeal Thursday.

Larry Tannahill was the only parent who refused to allow his son to be 
tested when the district began drug screening students and faculty in 
February 2000.

Assisted by the American Civil Liberties Union, Tannahill sued the school 
district claiming its policy violated his son's rights under the Fourth and 
14th Amendments, which protect against unreasonable searches and seizures.

U.S. District Judge Sam Cummings ruled in Tannahill's favor March 1 and 
later denied the district's request for a new decision or new trial.

Harvey Madison, Lubbock representative of the ACLU, said Cummings' ruling 
was strong, and he had been uncertain if an appeal would be filed.

The ruling stated in part that the court recognizes the "good faith 
efforts" of school districts to win the war on drugs but that with "such an 
intrusion also comes a great price to citizens' constitutionally guaranteed 
rights to be secure in their 'persons, houses, papers and effects."'

"It's of course frustrating that they insist on spending more taxpayer 
money to fight a bad fight," Madison said. "We would benefit if this would 
be affirmed by the 5th Circuit because it would broaden the application of 
the case law. We're confident that the law and facts are in our favor."

Lee Venness, an attorney who is representing the Lockney district, could 
not be reached for comment Thursday afternoon.

The district has claimed a drug problem in Lockney spurred the policy.
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