Source: San Jose Mercury News (CA)
Contact:  http://www.sjmercury.com/
Copyright: 1998 Mercury Center
Pubdate: Sat, 20 Nov 1998
Author: Associated Press

COURT VOIDS LOUISIANA DRUG TEST LAW

NEW ORLEANS (AP) -- A federal judge on Friday struck down a Louisiana law
requiring random drug testing of elected officials, rejecting arguments that
the governor made in court in support of the law. U.S. District Judge Eldon
Fallon said the law violates the Constitution's Fourth Amendment protection
against illegal search and seizures. He said the state failed to show a
special need to test elected officials.

Ruling after a hearing Friday, Fallon quoted from writings by George
Washington as well as a 1997 Supreme Court decision that forbade Georgia
from drug testing political candidates.

``There is established law that a drug test is a search,'' Fallon said.
``Warrantless searches must depend upon reasonableness.''

The judge ruled on a lawsuit brought by two state representatives and the
American Civil Liberties Union. The state said it will appeal.

Republican Gov. Mike Foster said he feared for the future of private
industry drug testing programs if the ruling stands. ``I wonder if, in fact,
the majority of all drug testing programs all over the country might fail,''
he said.

Foster, who is not a lawyer, had backed the legislation and sought
permission to speak on its behalf in court.

``Why not test elected officials?'' Foster said to the judge. ``I can't
think of a profession that can influence our lives more.''

Foster noted that drug testing is often a part of corporate life in America,
an argument lawyer Bill Rittenberg said was irrelevant.

``Governor, you didn't take an oath of office to defend corporations. You
took an oath of office to defend the Constitution,'' said Rittenberg, who
argued for Rep. Arthur Morrell, D-New Orleans, and the ACLU.

The law, which was to go into effect in January, required 10 percent of
state and local officials to be randomly tested each year. An official who
refused would have faced a $10,000 fine and censure.

Challenges are in the works against two other laws that require random
testing of welfare recipients, students on state scholarship and virtually
anyone else who gets state benefits.

- ---
Checked-by: Don Beck