FEDERAL JUDGE STRIKES DOWN A DRUG LAW IN LOUISIANA

NEW ORLEANS -- A Federal judge has struck down a Louisiana law requiring
random drug testing of elected officials, rejecting arguments that the
state's Governor made in support of the law.

Judge Eldon E. Fallon of United States District Court said the law
violated the Constitution's Fourth Amendment protection against
illegal search and seizure. He said the state failed to show a special
need to test elected officials. Ruling after a hearing on Friday,
Judge Fallon quoted from writings by George Washington as well as a
1997 Supreme Court decision that forbade Georgia to test political
candidates for drugs.

"There is established law that a drug test is a search," Judge Fallon
said. "Warrantless searches must depend upon reasonableness." The
judge ruled on a lawsuit brought by two state Representatives and the
American Civil Liberties Union. The state said it would appeal. Gov.
Mike Foster said he feared for the future of drug-testing programs in
the private sector if the ruling stood. "I wonder if, in fact, the
majority of all drug-testing programs all over the country might
fail," he said. Governor Foster, who is not a lawyer, had backed the
legislation and sought permission to speak on its behalf in court.
"Why not test elected officials?" he said to the judge. "I can't think
of a profession that can influence our lives more."

Governor Foster noted that drug testing is often a part of corporate
life, an argument that Bill Rittenberg, a lawyer for State
Representative Arthur Morrell of New Orleans and the A.C.L.U., said
was irrelevant. "Governor, you didn't take an oath of office to defend
corporations," Rittenberg said. "You took an oath of office to defend
the Constitution." The law, which was to go into effect in January,
required 10 percent of state and local officials to be tested each
year. An official who refused would have faced a $10,000 fine and censure.

Challenges are in the works against other laws that require testing of
welfare recipients, students on state scholarships and nearly anyone
else who gets state benefits.

Checked-by: Patrick Henry