Random Student Drug Tests Banned in State of Washington

March 17, 2008

News Summary
The Washington state Constitution prohibits random testing of student athletes for drugs, the state Supreme Court has ruled.
"We cannot countenance random searches of public school student athletes," Justice Richard Sanders wrote. "We require a warrant except for rare occasions which we jealously and narrowly guard."
The Seattle Times reported March 14 that the Washington Supreme Court ruled in favor of a group of high-school athletes who sued the Wahkiakum School District because they were required to submit to urine testing to take part in sports. The state's highest court said that drug testing is not justified under the state constitution unless there is reason to believe that the student is using drugs.
The decision effectively puts an end to random student drug testing in Washington; other states do permit such testing, and it also is considered legal under the U.S. Constitution. "A student athlete has a genuine and fundamental privacy interest in controlling his or her own bodily functions," Sanders wrote. "Even if done in an enclosed stall, this is a significant intrusion on a student's fundamental right of privacy."
"The justices concluded, as we had contended, that it violates the state Constitution to require a student to give their urine without any reason to believe they've done anything wrong," said ACLU of Washington spokesperson Doug Honig.