Pubdate: Wed, 08 Mar 2000
Source: Lubbock Avalanche-Journal (TX)
Copyright: 2000 The Lubbock Avalanche-Journal
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Author: Linda Kane

ACLU FILES LAWSUIT AGAINST LOCKNEY SCHOOLS OVER DRUG TESTING CASE

The American Civil Liberties Union is suing the Lockney school district
after the parents of a 12-year-old refused to allow their son to be
subjected to a new mandatory drug testing policy, an ACLU spokesperson said
Tuesday.

The suit will ask the district to drop their policy, which requires all
sixth-through 12th-graders to submit to a urine screening, the ACLU
spokesperson said.

Larry Tannahill was the only parent in Lockney who refused the mandatory
testing of his son. Refusal to submit a urine sample is considered a
positive test and results in repercussions. Thus far, however, the school
has held off on punishing Tannahill's son, Brady.

The superintendent, who declined comment Tuesday, has said in recent
interviews that the school hoped to deter drug abuse with this policy.

The ACLU contends, however, the policy is in violation of the Fourth
Amendment to the U.S. Constitution, which prohibits unreasonable searches
and seizures.

"The framers of the Bill of Rights had a legitimate concern about
overreaching governments invading people's privacy and harassing them,"
lead prosecuting attorney Michael Linz of Dallas said in a prepared
statement. "They recognize a fundamental right to be free from such
intrusion absent probable cause. The Lockney policy flies in the face of
traditional American liberties."

The attorney representing the school district, Don Henslee of Austin, could
not be reached for comment Tuesday.

Jeffrey Hunter, junior class vice president, said recently that his school
shouldn't be criticized for "doing what's right."

"There is a drug problem and our school's trying to fix it, and they're
doing a good job," Hunter said.

Meanwhile, the Tannahills have received hundreds of phone calls and letters
from people around the world. But Tannahill admits he's facing some
controversy at home.

"I've had a note that's been a little threatening put on my door,"
Tannahill said. "I speak to everybody like I always did and pretty much
everyone speaks back to me. I've got a few people that are acting a little
different."

As a safety precaution, Tannahill no longer allows his two sons to ride the
bus home after school.

But, Tannahill said he's not backing down from the suit.

"Basically what I'm worried about is I think our parents are saying 'OK,
y'all raise my kids.' And I don't want anybody raising my kids. That's my
job. That's my wife's job," Tannahill said.

Tannahill said he's seeking no financial gain from the suit.

"I'm not seeking monetary damages, not at all," Tannahill said. "All I want
is for my boys to go to school and for their rights to be taken care of. I
can't believe that our country is letting people come in here and do stuff
like this and it's time to stand up and say, 'No.' "
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