CITY DRUG-TEST POLICY IS THROWN OUT

Examinations of prospective employees for some jobs unconstitutional,
state Appeals Court rules

Seattle's policy of requiring drug tests for some potential employees
is unconstitutional and violates the individual's right to privacy,
the Washington State Court of Appeals ruled yesterday.

"We've very pleased with this decision," said Doug Honig, a spokesman
with the American Civil Liberties Union of Washington. "It's a
precedent-setting case for the rest of the state."

Officials with the city attorney's office declined to comment on the
decision yesterday because they had yet to review the court's decision.

The Seattle City Council originally adopted a program in July 1996 to
require drug testing for everyone before they could be hired.
Prospective employees had to sign a document agreeing to take the test.

A year later, after the ACLU objected, the city revised its policy,
changing it to require testing only for those people applying for jobs
involving public safety, handling city money, operating motor vehicles
or heavy equipment or working directly with minors.

But the ACLU pressed ahead, filing a lawsuit in King County Superior
Court that same year arguing that the drug-testing policy violated the
constitutional right to privacy and violated basic human dignity.

The Superior Court upheld the city's program, ruling in early 1999
that it was not an invasion of privacy but rather targeted specific
concerns about drug use by potential employees.

City officials have said that the drug-testing policy was part of a
zero tolerance stance toward drug use.

The city also argued that the program saved money because it reduced
sick time and accidents.

The ACLU appealed the Superior Court decision, and
won.

"This whole notion of drug testing is a fad," said Seattle attorney
Mike Kipling, who represented the ACLU in the case. "It's something
cities do to let people know they are tough on drugs."

The ACLU's suit never sought to end drug testing for some public
safety employees, such as police officers, firefighters or bus drivers.

There are some other Washington cities that pre-test employees
including Tacoma, Spokane, Bellingham and Everett.

Kipling said those cities should take a close look at their
drug-testing policies.

"Any city that routinely tests all job applicants is in violation of
the constitution," he said.