ACLU honors families who fought high school's drug-testing policy for athletes
Friday, November 14, 2008 11:44 PM PST
By Tony Lystra
Printable version
E-mail this articleThe American Civil Liberties Union will present its Civil Libertarian Award on Saturday evening to two families who helped overturn the Wahkiakum School Board’s random drug-testing policy.
The York and Schneider families, both of Cathlamet, will be presented the award during the organization’s annual Bill of Rights Celebration dinner in Seattle.
Hans and Kathy York and sons Aaron and Abraham, as well as Paul and Sharon Schneider and their daughter, Tristan Schneider, sued the school district nearly a decade ago after school officials adopted a policy of randomly drug-testing students who participate in extracurricular activities.
The families felt it was unfair that students were treated as though they were guilty until proven otherwise, the ACLU said in a statement.
The Washington Supreme Court ruled unanimously in March that the Wahkiakum district’s policy violated the Washington Constitution’s privacy clause.
The ruling shaped how school districts throughout the state draft drug enforcement policies.
On Friday, Hans York, a Wahkiakum County Sheriff’s deputy, said the kids involved with the case were truly the ones who deserve the award.
The kids endured scathing comments from friends and acquaintances as the case bounced between lower and higher courts in the state, York said.
Tristan, Aaron and Abraham, he said, “are the ones who hung in and persevered over time,” he said. “To stay with something for eight years is pretty remarkable,” he said.
Related articles:
State high court nixes Wahkiakum drug tests (March 14)
Another school district suspends drug testing after ruling (March 14)
getreal wrote on Nov 15, 2008 6:01 AM:
" Why not test them......in fact test all of them. This is the age where it all starts people. These are minors......not adults and it is a privilege to play school sports, not a right. There are qualifications and standards that have to be met in order to play....and not using drugs is just one of them. So much for the NO-TOLERANCE policies. I'm ashamed for the parents who fought this. If my son or daughter were tested and the results were positive I would want to know about it ASAP before they become addicted and it's too late. As far as I am concerned, there is no fear in being tested if you haven't taken anything that will result in a positive test result......... "
Cheney119 wrote on Nov 15, 2008 8:44 AM:
" Thanks to the ACLU and the families involved. I often oppose the ACLU on individual cases, but they are often the only ones left to defend our rights. The whole theory that it's ok to submit to illegal searches as long as you have nothing to hide is complete nonsense. There's a lot more to it than that if you understand legal presedence you agree. It's the same "nothing to hide" logic as stop light cameras or illegal wire tapping, dui checkpoints the list goes on and on, these are examples of how the slippery slope leads to the erosion of the Bill of Rights. Where does it stop? The people that defend these invasions and intrusions on privacy and our other rights don't understand the constitution and needed to pay attention in civics class. "
racingrocks wrote on Nov 15, 2008 10:02 AM:
" This case was a joke and a tragedy.Athletes at the pro and college level get tested all the time,but we cant test the high schoolers because they are too young to know right from wrong I guess.I sure didnt have a problem with it when I was in H.S. sports, but then I had no reason to fear getting caught. "
CorrupSean wrote on Nov 15, 2008 10:25 AM:
" I would be absolutely ashamed of my actions should they garner an award from the ACLU "
educateyourself wrote on Nov 15, 2008 10:34 AM:
" As a former high school and college athlete I think this is absolutely uncalled for by the ACLU. What this allows is high school athletes to use drugs (recreational or performance enhancing) without any sort of reprocussions as long as they do so wisely. In college I subjected to random drug testing as an athlete, and had now problem with it, and neither did anyone else on the team. It helps keep the sports clean (though some still get a way with it). A student chooses to play the sport. I would understand if this was a drug test for all students in general. Playing sports is a privelage, not a right! By not having the ability to randomly drug test high school athletes, you are telling them it is ok to experiment with drugs as long as you keep suspicion down. Thats not the message you want to give kids in an atmosphere that can be overwhelmingly rewarding to successful athletes: scholarships, and possibly pro contracts (especially for baseball right out of high school). If we are truly trying to care for the future of our youth, we would keep them accountable in these such areas so that they do not succumb to the pressures of the outside world. It is also in the best interest of their health. "
abokaa wrote on Nov 15, 2008 11:01 AM:
" Hey CorrupSean, what if you got one from the NRA? Does anyone else find it funny how right-wingers love the NRA for defending the 2nd amendment, but hate the ACLU for protecting the rest of the constitution? "
educateyourself wrote on Nov 15, 2008 11:27 AM:
" abokaa, where in our constitution does it say you have the right to play athletics for a publically funded program without being held accountable to playing by the rules? Yes, the ACLU does fight to protect many of our rights, however it is not a right of a student to play athletics, it's a privelage. Then is it againts our rights to have employers drug sceen potential employees? "
herenkelso wrote on Nov 15, 2008 11:35 AM:
" Washington Constitutions privacy clause...No person shall be disturbed in his private affairs, or his home invaded, without authority of law." Ok, I read the argument used against drug testing. Where does it say that you can't test athletes in school? Where does it say that you can't test anyone at school? School is a public domain without any personal right to privacy. Personally I feel that with the drug epidemic that more kids should be tested..get'em help while the parents have a little say and their still covered under insurance. People would be amazed at the amount of drug use by teens. I believe 'E', oxy, heroin, and meth are the drugs of choice right now after pot, of course. Maybe with a consequence they would have a reason to stand up to peer pressure. "
abokaa wrote on Nov 15, 2008 12:31 PM:
" educateyourself, what you say is valid, however you missed the point I was trying to make. I think the problem with random has to do with illegal search, meaning search without probable cause since you ask. But I wasn't commenting about drug testing. I was commenting about partisan hypocrasy. "
MW wrote on Nov 15, 2008 12:42 PM:
" First, I think the ACLU had it right. However, it would be much easier for me to accept the opinions of others who disagree with me if I knew that ALL extra carricular participant's were tested equally, i.e. drama club, chess club, cheerleader's, pep band etc. If they are not, then you are singling out one group of individuals unfairly. By the way, my daughter is in her senior year at a university and is on an athletic scholarship and she has NEVER been tested in 4 years. "
bmoc wrote on Nov 15, 2008 1:59 PM:
" You guys are on to something. We should have routine drug tests for all gun owners. I mean if you want to play with guns, you should be totally sober, right?
How do you like that, NRA? "
How do you like that, NRA? "
Cheney119 wrote on Nov 15, 2008 5:11 PM:
" MW you're correct the drug testing wasn't uniform and therefore it was not equal, another reason the Washington Supreme Court ruled properly. This was an illegal search even if you searched everyone in every sport and activity. The only legal searches are based on probable cause, everything else is extra constitutional, you can't simply randomly search everyone, THAT'S ILLEGAL. Why are you people so eager to give away your rights? Since when is it American to throw away your rights or disregard the rights of others? I guess everyone is a republican until accused of wrong doing, then they become a democrat really fast. "
Hauskapoika wrote on Nov 15, 2008 5:51 PM:
" Hey, Abokaa, everyone who supports private ownership of guns is not a right winger. I am a moderate independent, and I support the NRA.
Where do people get that stuff about right and left wingers? Sheeeesh! "
Where do people get that stuff about right and left wingers? Sheeeesh! "
racingrocks wrote on Nov 15, 2008 6:09 PM:
" I am not all about throwing away rights.As a matter of fact, since I am paying for these kids' education and sporting activity, I have a right to know if they are doping on my dime.All this does is teach them that great moral that its only wrong if you get caught.And btw,cheney119,I am not republican by an stretch of the imagination.I am actually a independent who used to vote srictly Dem. So take that ....haha "
badpenny wrote on Nov 15, 2008 8:59 PM:
" Well said MW and Cheney 119. We fought this type of testing when our kids played sports in high school. As for those of you who consider it a privelege to be on a team, stop and think of the sacrifices a kid makes when he goes out for sports. There is a huge time and monetary commitment, both by the athlete and the family. Be careful not to equate drug testing with making the job of parenting easier. If you have the right relationship with your kids, you will know if they are doing things they shouldn't without stooping to drug testing. "
Old Charlie wrote on Nov 15, 2008 9:18 PM:
" Something to remember, if you look at the history of these organizations, the NRA has always been a strong supporter of our Constitution and pro-America. The ACLU from the very beginning set out to destroy America from within using lawyers and the courts as their chief weapons. Their goal......socialism/communism. One reference source is the book The ACLU vs America. "
educateyourself wrote on Nov 15, 2008 9:49 PM:
" MW, your daughter has never been tested in 4 years... that happens a lot because it is truly random. Now the arguement against this being an illegal search is completely out of context. When playing a sport you sign a contract. In this contract would be added that you are subject to random drug tests. Either you sign it and play, or you don't sign it and don't play. Now, as far as other activities, this drug test was not in place to see who was smoking pot, or doing recreational drugs, its specifically for performance enhancing drugs. Right now, athletes sign a contract saying they will refrain from using tobacco, alcohol, or any other illegal drug while participating, if they are caught doing otherwise then they are automatically removed from the team. So how is this an infringment on our rights? And Cheney119, you speak so freely of our rights, but forget that the current President-elect Obama wants a CIVIL SECURITY FORCE that is as powerfull as our current military. Do you think that this won't infringe our rights? You can look through history, and it has been the Democrats that have repeatidly rattified our constitution to extend the power of the federal government. Just look at our tax system, our welfare system, and our court system. The Democrats want to restrict guns, and impose a fairness doctrine. How is that not taking away our constitutional rights? "
stink wrote on Nov 15, 2008 11:37 PM:
" Old Charlie..
do you really know what socialism and communism are? "
do you really know what socialism and communism are? "
biasmedia wrote on Nov 15, 2008 11:56 PM:
" lol wow Cheney119 gets it wrong aging,its not the kids right its the parents so its simple just ask the parents to sign to give the school a right to test there kids and i know most parents would,the kids only right are to have food,water,cloths and a roof over there head and to have a safe home the rest is up to the parent not the court "
MW wrote on Nov 16, 2008 7:46 AM:
" Hey Educate, just wondering. Are you saying that when these test's are administered they do not test for anything BUT performance enhancing drug's? Again, if they are testing for all drug's then it need's to be administered to EVERYONE. Plus, never once in 4 year's is beyond random and if so, it's far from being a useful deterent. You would think she would have been tested at least once in 4 year's. "
cheney119 wrote on Nov 16, 2008 11:33 AM:
" Yes educateyourself the only right that matters is your right to shot other people? The rest of your diatribe isn't worth commenting on, you don't know anything about the constitution except the 2nd amendment. How ironic you could tell anyone to educate themselves, looks like you've got your work cut out for you on that account. "
my o my wrote on Nov 16, 2008 5:05 PM:
" I wish I could congratulate the York and Schneider families... But if any thing ever happens to a High School athlete in the State of Washington in the future, maybe that would be a better time to let them know... "
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