WAHKIAKUM DRUG-TEST PROGRAM IS CONSTITUTIONAL

A Wahkiakum County judge ruled Monday that Wahkiakum School District's
random drug-testing policy is constitutional.

In a 20-page decision, Superior Court Judge Douglas E. Goelz wrote
that being as none of the facts in the case were disputed by either
party, it was reasonable to conclude that drug use was an existing
problem that presented a "real and serious threat" to the school
district and students. The school district resorted to drug testing
only after less intrusive methods of addressing the threat failed, the
judge wrote.

He found the policy "constitutional beyond a reasonable doubt" and
granted the district's motion for summary judgment.

"The prosecuting attorney's office stands behind the decision," Dan
Bigelow, assistant prosecuting attorney for Wahkiakum County, said
Monday.

Plaintiffs Hans and Katherine York and Sharon and Paul Schneider,
represented by the American Civil Liberties Union, have 30 days to
appeal the decision.

Eric Martin, a Seattle attorney representing the ACLU, said Monday his
office will "look very carefully at the reasoning and opinion on the
judgment" and speak to the clients before deciding whether to appeal.

"It's an important issue that affects not only Wahkiakum County but
school districts all over the state," he said. "It certainly was a
complex case in a difficult area of the law." "Certainly we're
disappointed," ACLU spokesman Doug Honig said Monday. "Under our state
constitution, drug testing without reason to believe they're doing
anything wrong violates their privacy rights. We'll review the
decision and consider appealing."

The Wahkiakum School District implemented the policy, which involves
giving random student-athletes a urine test, in October 1999 after
trying numerous drug-prevention programs. A school survey in spring
1998 showed that 42 percent of the high school seniors admitted using
illegal drugs, and 12.5 percent reported using narcotics within the
last 30 days.

The Yorks and Schneiders, who had children in high school, protested
the policy on the grounds that unreasonable search is an invasion of
privacy. Their children did not have discipline problems nor did they
show signs of drug use, they said.

The school stopped testing students in June 2001 pending a final
decision, Bigelow said.