NO RANDOM DRUG TESTING FOR FIREFIGHTERS

Calling it an unwarranted intrusion on privacy, the Arizona Supreme Court
on Tuesday banned municipalities from random drug or alcohol testing of
firefighters.

The justices unanimously concluded that even firefighters have legitimate
constitutional expectations of privacy. They said these outweigh arguments
by attorneys for Mesa that there are compelling public interests to test
firefighters, even without any suspicion that an individual was using or
abusing substances.

Tuesday's ruling would appear to affect more than just firefighters. The
language of the decision suggests that virtually all public employees are
entitled to similar protections.

The lone exception is police officers. In their 24-page ruling banning the
random tests, the justices specifically noted that firefighters "are not
directly involved in drug interdiction, do not carry a firearm and are not
required to use deadly force in the regular course of their duties."

Mesa fire Capt. Craig W. Petersen, who brought the lawsuit, said he was
thrilled with the ruling.

Petersen, a 27-year veteran of the department, said he has never tried
drugs. But he said he was angered when the city put the random drug testing
policy in place in early 2001.

"I value my rights and liberties and value my privacy," he said. "It was a
violation and an intrusion upon our rights as a people and I couldn't stand
and let government just run over us."

Petersen was fighting not just the city but even many of his own
colleagues. He said many agreed to go along with the tests and the union
that represents the firefighters would not combat it.

In fact, Petersen did not have an attorney when he convinced a Maricopa
County Superior Court judge in October 2001 to block the testing.

The city won at the appellate court level. But Supreme Court Justice Ruth
McGregor, who wrote Tuesday's unanimous decision, said that, absent some
specific suspicion, Petersen and all other firefighters are entitled to
their privacy.

McGregor noted that Mesa presented no evidence that there has been a
problem of drug abuse among firefighters, or even that there have been any
accidents, injuries or even property damage attributed to drug or alcohol
use by firefighters.

The justices acknowledged that the U.S. Supreme Court has permitted random
drug testing in some circumstances, such as with Customs Service
inspectors. But McGregor said they work in different circumstances, armed,
often alone and dealing with drug smugglers.

Similarly, she also found a distinction with the willingness of the
nation's high court to permit drug testing of students participating in
extracurricular activities.

"Firefighters, of course, have little in common with students entrusted to
the government's care," McGregor wrote. She also noted that the U.S.
Supreme Court in those cases had "specific evidence of drug use" that
supported the decision by the school districts to begin drug testing.

Tuesday's ruling does not affect the ability of the city to test when there
is a "reasonable suspicion" of drug or alcohol abuse or after a firefighter
is involved in an accident.

Gilbert, Tempe and Chandler fire departments do not have random testing,
according to spokesmen for each department. Gilbert and Chandler will
conduct tests if a firefighter is involved in an on-duty accident, and
Chandler also will test if a supervisor has reason to suspect use,
spokesmen said.

Officials for Rural/Metro Fire Department in Scottsdale did not return
calls for comment.