Pubdate: Thu, 08 Aug 2002 Source: Denver Post (CO) Copyright: 2002 The Denver Post Corp Contact: http://www.denverpost.com/ Details: http://www.mapinc.org/media/122 Author: Howard Pankratz SUIT CHALLENGING URINE TESTS FOR KENNEL WORKERS SETTLED Thursday, August 08, 2002 - The American Civil Liberties Union settled a lawsuit against Colorado challenging the state's requirement that kennel workers in the greyhound racing industry submit urine samples for testing. The suit was settled when the state rescinded its policy and restored the license of one of the defendants. Cynthia and Gary Timm worked under state-issued licenses to train and raise greyhounds at kennels at Colorado racetracks. Mark Silverstein, legal director of the ACLU of Colorado, said Wednesday the lawsuit was settled and Cynthia Timm's license restored. The state also placed a letter in her file explaining that she was never suspected of using drugs. The impetus for the settlement was a ruling last December from the Colorado Court of Appeals, which said the state hadn't provided sufficient justification for the random drug testing of greyhound kennel workers. "To their credit, Colorado officials did the right thing after the appellate court decision. By rescinding the drug-testing policy and restoring our client's license, they helped bring this litigation quickly to a just conclusion," Silverstein said. After Colorado adopted the random drug-testing policy in 1999, Cynthia Timm lost her license because she refused to provide a urine sample. In order to continue working, Gary Timm provided urine samples under duress, the lawsuit said. The Timms, a married Colorado Springs couple, obtained their licenses to train greyhounds in 1997. Silverstein said the challenge was made because random urine testing treats innocent people like criminals and no one had any cause to believe the Timms were using drugs. The ACLU asked that the policy be declared unconstitutional and that future random tests be stopped. - --- MAP posted-by: Jay Bergstrom