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Court Denies Relief to Urine Sales


Mon Mar 18, 2:49 PM ET
By GINA HOLLAND, Associated Press Writer

WASHINGTON - Internet shoppers can expect one less product online: urine from South Carolina.
Kenneth Curtis lost a Supreme Court appeal that asked for permission to sell his fluids, part of a business that caters to people who are trying to beat drug tests.
A 1999 South Carolina law made urine sales illegal, and it was Curtis' challenge of the law that justices refused Monday to review.
Curtis has already figured out a way around the ban, moving his enterprise to North Carolina.
His lawyer, Robert C. Child III, said in court filings that the former pipefitter is simply selling a natural product and is not responsible for how it is used.
"Our government does not require those who sell alcohol to ask their customers if they intend to get drunk and drive, nor do they require those who sell bullets or guns to ask their customers if they intend to kill someone," Child wrote.
For $69, Curtis sells his drug-free urine, along with a small pouch, tubing and a warming packet.
His Web site promises buyers "can use our kit in a natural urinating position ... and you cannot be detected even if directly observed." The site includes a cartoon of a man, lowering his pants then urinating on a police officer's shoes.

Curtis started the sales in 1996. He moved his business, Privacy Protection Services, from Greenville, S.C., to North Carolina pending the outcome of the challenge.

The South Carolina Supreme Court already rejected his claims that the law was vague, violated his freedom of expression rights and infringed on interstate commerce.

"A statute making it unlawful to defraud a drug test furthers the public purpose of ensuring a drug-free workplace," South Carolina Chief Justice Jean Toal wrote. "Furthermore, the public purpose of creating safety in the workplace outweighs any legitimate interest, if any, of Curtis in doing business."

The law makes it illegal to give away or sell urine to be used to defraud a drug or alcohol screening test. First-time offenders can be sentenced to up to three years in prison.
In a separate case, the Supreme Court is considering whether schools may give drug tests to nearly any student involved in after-school activities without evidence the student or the school has a drug problem. Arguments in that case are Tuesday.
Curtis maintains his service is needed for people who are being forced to submit to unconstitutional tests.

The case is Curtis v. South Carolina, 01-875.