Pubdate: Sun, 03 Dec 2000
Source: Lubbock Avalanche-Journal (TX)
Copyright: 2000 The Lubbock Avalanche-Journal
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Author: Linda Kane, Avalanche-Journal

TULIA SCHOOL LOSES FIGHT ON DRUG TESTING

A three-year battle over whether the Tulia school district can
randomly drug test its students was decided Friday in an Amarillo
court. U.S. District Judge Mary Lou Robinson ruled in favor of a
former student who claimed the random testing violated the Fourth
Amendment protecting against unreasonable searches and seizures.

Hollister Gardner was a student at Tulia High School when he went up
against the school board that implemented its random drug-testing
policy in January 1997. The policy affected students in grades 7-12
who wished to participate in extracurricular activities.

Robinson's ruling, filed in U.S. District Court in Amarillo, states,
''This Court concludes that the mandatory random, suspicionless
drug-testing program for all students participating in extracurricular
activities at Tulia I.S.D. is violative of the Fourth
Amendment.''

Gardner, now 21 and a senior at Angelo State University in San Angelo,
said he doesn't believe Robinson's ruling will be overturned if the
case is appealed.

''We've won the court case in the constitutional sense,'' he said.
Gardner's father, Gary, was a school board member when his son
contested the drug-testing policy. He was the only school board member
who did not vote for the policy.

The drug-testing policy affected about 80 percent of the student
body.

Hollister Gardner's aunt and uncle also filed suit against the school
district on behalf of their two children, Molly, now a senior, and
Colby, now a sophomore. Their claims were included in Friday's ruling.

Robinson also ruled that the school board acted in good faith when
implementing the policy.

''Finally, the Court finds that each of the school board members acted
in good faith and did not act from corrupt motives in adopting the
drug-testing program,'' the ruling said.

Supt. Mike Vinyard said it's likely that when the school board meets
at 7:15 a.m. Tuesday, they'll decide to appeal the case.

Vinyard said he believes the case could be overturned.

''There have been some other circuit court decisions in similar cases
that were decided in favor of the school districts,'' he said.

Hollister Gardner also claimed in his lawsuit that the school board
and the superintendent retaliated against him after he filed the
lawsuit. Robinson said there was no evidence of retaliation.

Gardner acted as his own lawyer throughout the case and said it was a
challenge taking on the school board. Tulia, with about 5,000
residents, is 70 miles north of Lubbock.

''Everyone knows everyone in a small town,'' Gardner said. ''So
basically people pick sides.

''For lack of a better word, they excommunicate you,'' he said. ''They
don't want to associate with you. It's real touchy in a small town
when you do something controversial.''

A similar case is pending in nearby Lockney, where one parent has
filed suit against the school district for randomly drug testing students.

Gardner said he's glad his case has been resolved.

''I believe the Constitution of our country is there for a reason,''
he said.
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