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The suit was settled when the state rescinded its policy and restored the 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.
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MAP posted-by: Jay Bergstrom