MAN SELLING HIS URINE LOSES BATTLE

Supreme Court Refuses To Hear Greenville Man's Challenge To Law

WASHINGTON - Internet shoppers can expect to have one less product online:
urine from South Carolina. Kenneth Curtis lost a Supreme Court appeal that
asked for permission to sell his fluids, part of a business that caters to
people who are trying to beat drug tests. A 1999 South Carolina law made
urine sales illegal, and it was Curtis' challenge of the law that justices
refused Monday to hear. Curtis has already figured out a way around the
ban: moving his enterprise to North Carolina. His lawyer, Robert C. Child
III, said in court filings that the former pipefitter is simply selling a
natural product and is not responsible for how it is used. "Our government
does not require those who sell alcohol to ask their customers if they
intend to get drunk and drive, nor do they require those who sell bullets
or guns to ask their customers if they intend to kill someone," Child
wrote. For $69, Curtis sells his drug-free urine, along with a small pouch,
tubing and a warming packet. His Web site promises buyers "can use our kit
in a natural urinating position ... and you cannot be detected even if
directly observed." The site includes a cartoon of a man, lowering his
pants and urinating on a police officer's shoes. Curtis started the urine
sales in 1996.

He moved his business, Privacy Protection Services, from Greenville, S.C.,
to North Carolina pending the outcome of the legal challenge. The South
Carolina Supreme Court already rejected his claims that the law was vague,
violated his freedom of expression and infringed on interstate commerce. "A
statute making it unlawful to defraud a drug test furthers the public
purpose of ensuring a drug-free workplace," South Carolina Chief Justice
Jean Toal wrote. "Furthermore, the public pur-pose of creating safety in
the workplace outweighs any legitimate interest, if any, of Curtis in doing
business." The law makes it illegal to give away or sell urine to be used
to defraud a drug or alcohol screening test. First-time offenders can be
sentenced to up to three years in prison.