Legislating from the Bench

TerryRC wrote:How is it voluntary if it is a prerequisite to participate in an extra-curricular activity?

How can you ask such stupid questions?

Participation in extra-curricular activities is voluntary.

wvsasha wrote:
But....I am one teacher.....I am one person.....

Lawyers for Metro 911 filed a motion in federal court Tuesday to intervene in a case over random drug testing of school employees, saying that an unsuccessful outcome could limit the emergency operation center's own policy that allows random drug tests.

Kanawha Commission President Kent Carper knows there are differences between the existing Metro 911 policy and the Kanawha County schools policy, which is on hold until a legal battle works through the courts.

"Each agency ...has different policies. But ours isn't proposed. Ours is in effect right this minute," Carper said. "At the end of the day, the final ruling will affect our policy."

When asked if a federal judge might find that random drug tests for teachers are different than for emergency dispatchers, Carper said the issue goes beyond just those employees.

Metro 911 officials drug test receptionists, computer technicians and all of its other employees, Carper said. Last month, at Carper's request, the Metro 911 governing board voted to intervene in the case.

What if, for instance, "there's been junk put into the [computer] system?" he asked.

"I think it's really, really important that when you call 911 we show up," he said, and added that the weakest link could cause a breakdown in emergency response.

Also, pending the outcome of the federal court case, Kanawha's courthouse officials will talk about whether to suspend drug testing at Thursday's regular meeting of the Kanawha County Commission.

On Dec. 29, Chief U.S. District Judge Joseph R. Goodwin granted a temporary injunction to block the Kanawha County school system from randomly drug testing teachers and most other employees starting Jan. 1.

http://www.wvgazette.com/News/200901060717

ziggy wrote:An agrieved party can file a case or for an injunction in whatever Court it cares to. It is up to that Court to decide if it has jurisdiction.

And I would think that, yes, a federal Court could have jurisdiction in a case involving 4th Amendment rights.

January 7, 2009
Metro 911 files motion to intervene in Kanawha school drug testing case

Lawyers for Metro 911 filed a motion in federal court Tuesday to intervene in a case over random drug testing of school employees, saying that an unsuccessful outcome could limit the emergency operation center's own policy that allows random drug tests.

Kanawha Commission President Kent Carper knows there are differences between the existing Metro 911 policy and the Kanawha County schools policy, which is on hold until a legal battle works through the courts.

"Each agency ...has different policies. But ours isn't proposed. Ours is in effect right this minute," Carper said. "At the end of the day, the final ruling will affect our policy."

When asked if a federal judge might find that random drug tests for teachers are different than for emergency dispatchers, Carper said the issue goes beyond just those employees.

Metro 911 officials drug test receptionists, computer technicians and all of its other employees, Carper said. Last month, at Carper's request, the Metro 911 governing board voted to intervene in the case.

http://www.wvgazette.com/News/200901060717

A train, nuclear reactor, or firearm in the hands of someone on drugs presents an actual concrete risk to numerous people - the same cannot be said for a teacher wielding a history textbook. The current state of evidence is such that the safety interests at stake are hypothetical and they cannot be extrapolated to outweigh the employees' privacy interests, which are not diminished in any way by virtue of their employment in a public school," the opinion states.

"To be clear, I am not suggesting that the [school board] are required to wait for an actual injury to occur. But [they] must demonstrate that the threat to student safety is one that is a concrete, actual danger that permeates the ordinary job performance of each of the relevant positions. The [school board] may not abandon the Fourth Amendment for nebulous risks."

ziggy wrote:Sam, please try to keep up.

That article is precisely what my post was about- right down to the same url link.

ziggy wrote:Uh, maybe because the Bill of Rights, which includes the 4th Amendment, is part of the U.S. (Federal) Constitution?

There is settled Law that says such is not a violation of 4th Amendment rights.

ziggy wrote:It might be "settled" for someone, somewhere. But it's not "settled" for a bunch of Kanawha County school system employees.

ziggy wrote:Because it was the correct answer to Aaron's question about why it is in federal Court.

The case was originally filed in state court, as it was required. Once there, either party can them make a motion to move it to federal court, which is what the school board did. They went there because, this biased judges ruling notwithstanding, they are more likely to win in federal court.

Stephanie wrote:I have heard very good things about Pete Thaw from parents in that school district. It seems he is the only member willing to listen to what they have to say and he is the only one willing to help them when they run into difficulties.