LOCKNEY PARENT WINS DRUG-TEST BATTLE

LOCKNEY - U.S. District Judge Sam Cummings ruled Thursday in favor of
a parent who sued the Lockney Independent School District claiming
its mandatory drug-testing policy was unconstitutional.

Larry Tannahill refused to allow his son to be tested when the school
first began drug screening students and faculty in February 2000.

With help from the American Civil Liberties Union, Tannahill sued the
school district claiming that its policy violated his son's rights
under the Fourth and 14th Amendments, which protect against
unreasonable searches and seizures.

"The court recognizes the good-faith efforts of school districts in
their attempts to win what has become a frustrating war on drugs; it
understands the motives of the district to protect its students,"
Cummings' ruling said.

"The court further recognizes that given advancements in technology
and research, a mandatory drug policy of testing every teen-age
student could potentially eliminate drug use for such an
impressionable segment of our population," the ruling said.

"But with such an intrusion also comes a great price to citizens'
constitutionally guaranteed rights to be secure in their 'persons,
houses, papers and effects.' "

In December, U.S. District Judge Mary Lou Robinson in Amarillo found
a similar drug-testing policy in the Tulia school district
unconstitutional. She ruled that its policy also violated a student's
right to avoid unreasonable searches and seizures.

When asked how he felt about the judge's ruling, Tannahill said,
"Hallelujah."

Tannahill said he was confident the judge would rule in his favor.

"I knew we had a strong case," he said. "I will tell you that I'm
surprised he ruled this quick, and I'm pleased with that. As far as
the way he ruled, I was extremely confident about that."

Many in this small farming community about 50 miles northeast of
Lubbock have supported the drug policy.

In March 2000, hundreds of adults and students attended a public
meeting where they wore red and white T-shirts that said, "We asked
for it. LISD delivered it. We appreciate it."

The drug-testing policy, which was revised in July after the lawsuit
was filed, called for testing students in seventh through 12th
grades. Those who refused to be tested could not participate in
extracurricular activities.

About 85 percent of the students in Lockney participate in
extracurricular activities, the superintendent has said.

Tannahill was the only parent who challenged the policy. The school
board did not test his son while the lawsuit was pending and agreed
to not punish him pending the judge's ruling.

Supt. Raymond Lusk said Thursday afternoon he hadn't seen a copy of
the judge's ruling.

"I wouldn't have any comment to make at all, other than we'll have
to consider the outcome and make some decisions based on that," he
said.

Will Harrell, executive director of the Texas ACLU, said Thursday he
also hadn't seen a copy of the ruling, but called it "an absolute,
resounding victory."

"This is a strong testament that there are still courts with the
courage to stand up for individual freedom in the face of the
drug-war hysteria that has sieged our nation," Harrell said.

He said the ruling should force the school district to throw out its policy.

"The law has been clarified that this policy is unconstitutional as
applied," Harrell said.

The attorney for the school district could not be reached Thursday for comment.

Harrell said he hopes the case won't be appealed.

"I would hope that they would let this rest," he said.

He added, "And I hope they will respect the courts and let Mr.
Tannahill get on with his life. He has been vindicated today and he
should be honored for standing up against what is obviously an
unconstitutional practice."