COA: School Board's Drug/Alcohol Testing Policy Is Unconstitutional
The COA found the record lacking in evidence to establish a need for the testing (e.g., past incidents). And the COA rejected the notion that school board employees have a reduced expectation of privacy by virtue of their employment in a public school system. The Court distinguished the situation where public employment poses safety concerns justifying regulation of employees (the Court referred, by way of illustration, to a chemical weapons plant).
Judge Stephens wrote the opinion, which began by quoting a Justice Scalia dissent in turn quoting Justice Brandeis: "The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”