Pubdate: Mon, 18 Mar 2002
Source: Washington Post (DC)
Copyright: 2002 The Washington Post Company
Contact:  http://www.washingtonpost.com/
Details: http://www.mapinc.org/media/491
Author: Gina Holland (AP)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

COURT DENIES APPEAL BY URINE SELLER

WASHINGTON -- Internet shoppers can expect one less product online: urine 
from South Carolina.

Kenneth Curtis lost a Supreme Court appeal that asked for permission to 
sell his fluids, part of a business that caters to people who are trying to 
beat drug tests.

A 1999 South Carolina law made urine sales illegal, and it was Curtis' 
challenge of the law that justices refused Monday to review.

Curtis has already figured out a way around the ban, moving his enterprise 
to North Carolina.

His lawyer, Robert C. Child III, said in court filings that the former 
pipefitter is simply selling a natural product and is not responsible for 
how it is used.

"Our government does not require those who sell alcohol to ask their 
customers if they intend to get drunk and drive, nor do they require those 
who sell bullets or guns to ask their customers if they intend to kill 
someone," Child wrote.

For $69, Curtis sells his drug-free urine, along with a small pouch, tubing 
and a warming packet.

His Web site promises buyers "can use our kit in a natural urinating 
position ... and you cannot be detected even if directly observed." The 
site includes a cartoon of a man, lowering his pants then urinating on a 
police officer's shoes.

Curtis started the sales in 1996. He moved his business, Privacy Protection 
Services, from Greenville, S.C., to North Carolina pending the outcome of 
the challenge.

The South Carolina Supreme Court already rejected his claims that the law 
was vague, violated his freedom of expression rights and infringed on 
interstate commerce.

"A statute making it unlawful to defraud a drug test furthers the public 
purpose of ensuring a drug-free workplace," South Carolina Chief Justice 
Jean Toal wrote. "Furthermore, the public purpose of creating safety in the 
workplace outweighs any legitimate interest, if any, of Curtis in doing 
business."

The law makes it illegal to give away or sell urine to be used to defraud a 
drug or alcohol screening test. First-time offenders can be sentenced to up 
to three years in prison.

In a separate case, the Supreme Court is considering whether schools may 
give drug tests to nearly any student involved in after-school activities 
without evidence the student or the school has a drug problem. Arguments in 
that case are Tuesday.

Curtis maintains his service is needed for people who are being forced to 
submit to unconstitutional tests.

The case is Curtis v. South Carolina, 01-875.
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MAP posted-by: Beth