Judge OK’s drug tests

By Mark Ranzenberger Sun Staff Writers

Saginaw Chippewa Tribal Judge Thursday refused to stop the Tribe from requiring each Tribal Council candidate to pass a drug test.

The ruling came in a suit filed by Tribal Council hopeful Delores Jackson, which sought to overturn the requirement. The Tribal Council moved in July to require candidates to submit to a hair test for illegal substances.

"(Jackson) has not shown she would suffer any harm by taking a drug test,“ wrote Community Court Judge Bruce E. Plackowski. "In fact, (she) admits to taking at least three urine tests in the past. The only difference now is the type of test and the specificity of its requirements.“

Jackson called the ruling "so unfair.“ Her attorney, William Antrobius of Mt. Pleasant, said he expects to appeal the order as soon as today.

"There isn't any due process here,“ Jackson said. "It sounds like they're trying to say all the Tribal members are dopers.“

Subchief Bernie Sprague said the ruling means that the fall elections will go on as planned. He said the existence of the drug tests, first instituted in 1994, assured Tribal members of a drug-free leadership.

"We spend a lot of money fighting illegal drugs on the reservation and in Isabella County,“ Sprague said. Council members "need to be clearheaded, responsible people.“

Antrobius had argued that the test was mostly symbolic, and constituted a personal search that should be outlawed. Tribal general counsel Sean Reed told Plackowski that the extent of the drug problem on the reservation outweighed privacy concerns.

"I don't see it as a symbol,“ Sprague said. "We've got way too much to lose.“

Antrobius said he would ask the Tribal Appellate Court for a quick review of the ruling. He pointed to an 8 to 1 1998 U.S. Supreme Court ruling that threw out a Georgia requirement that candidates pass drug tests.

"The facts are almost the same as they were in Georgia,“ Antrobius said. "If (an 8 to 1 majority) can't convince you this is something wrong, I don't know who can.“

Plackowski ordered that the question of whether Jackson's civil rights had been violated could be decided later. The filing deadline for candidates to file petitions is Sept. 15, with qualifying candidates to be announced Sept. 22.

Jackson said she had filed her petitions, but was waiting for the appeals court ruling before doing anything else.

The entire 12-member Tribal Council is up for election this fall.