COURT REJECTS LOUISIANA'S DRUG TEST LAW

NEW ORLEANS -- A federal judge on Friday struck down a Louisiana law
requiring random drug testing of elected officials, rejecting
arguments that the governor made in court in support of the law.

U.S. District Judge Eldon Fallon said the law violates the
Constitution's Fourth Amendment protection against illegal search and
seizures. He said the state failed to show a special need to test
elected officials.

Ruling after a hearing Friday, Fallon quoted from a 1997 Supreme Court
decision that forbade Georgia from drug testing political candidates.

The judge ruled on a lawsuit brought by two state representatives and
the American Civil Liberties Union.

The state said it will appeal.

Republican Gov. Mike Foster said he feared for the future of private
industry drug testing programs if the ruling stands. "I wonder if the
majority of all drug testing programs all over the country might
fail," he said.

"Why not test elected officials?" Foster said to the judge. "I can't
think of a profession that can influence our lives more."

Foster noted that drug testing is often a part of corporate life in
America, an argument lawyer Bill Rittenberg said was irrelevant.

"Governor, you didn't take an oath of office to defend corporations.
You took an oath of office to defend the Constitution," said
Rittenberg, who argued for Rep. Arthur Morrell, D-New Orleans, and the
ACLU.

The law, which was to go into effect in January, required 10 percent
of state and local officials to be randomly tested each year. An
official who refused would have faced a $10,000 fine and censure.

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

Checked-by: Patrick Henry