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Article published Jan 6, 2004
High
court: Urine sales conviction must stand
Associated Press
COLUMBIA -- The conviction of a man who
sold his urine in kits that allowed others to beat drug tests should stand, the
South Carolina Supreme Court said Monday.Kenneth Curtis was arrested for selling
kits that contained his urine and was sentenced to six months in jail.Curtis
argued that there was no credible evidence that anyone bought his product to
defraud a test for illegal drug use.He said he was trying to help people protect
their privacy.However, the justices said it was clear from materials tied to the
operation that the kits had a purpose. According to court records, business
cards included in the kits "state, in bold print, 'Pass Any Drug Test"" and said
the kits "allow anyone, regardless of substance intake, to pass any urinalysis
within minutes."In upholding the conviction, the court said that was ample
evidence for a jury to consider.Curtis and his lawyer said they plan to appeal
the decision by asking the justices to rehear the case. If that doesn't happen
they said they may appeal to the U.S. Supreme Court."We'll continue to do
everything legally we can to defend ourselves," Curtis said. "It's a very
devastating thing."On the Net: www.privacypro.comAssociated PressCHARLESTON --
It's been almost seven months since hundreds of residents turned out for a
public hearing on an ordinance to make Charleston essentially a smoking-free
city and city leaders tabled the idea, calling for further study.Now that the
November elections are over, the membership of a committee to study the issue is
almost complete. The panel should have its first meeting this month, said
Lawrence O. Thompson, executive assistant to Mayor Joseph P. Riley Jr.The
original ordinance would have been the most sweeping in South Carolina, a state
in which tobacco is still a valuable cash crop.It would have banned smoking in
most public buildings, although smokers would still be able to light up in their
homes, some designated hotel rooms, retail tobacco stores and so-called "smoking
bars."Supporters of the ban said last June that those who don't smoke should not
be subjected to dangerous secondhand smoke in public places.Opponents called the
proposal another government intrusion into people's lives and said businesses
should have the right to permit smoking.Everyone from restaurant owners to
representatives of health organizations will be included on the ad hoc
committee."What we've been trying to do ... is to make that as fair and balanced
as you can," Thompson said.An attempt to make public buildings in the city
smoke-free was made in 1999, but the idea was set aside for more study and never
passed. This time, the committee is expected to propose some sort of
compromise."I don't think the committee is a dead end," said Councilman Henry
Fishburne, who supported the ban last year and was re-elected in November. "I
think that what will come out of it is some reasonable regulations for smoking
in public places and some reasonable exceptions."Councilwoman Anne Frances
Bleecker said the original ban would have been one of the most restrictive in
the nation."You can't ... just slam down an ordinance," she said. "You have to
take a very serious look at it."Hundreds of municipalities nationwide have some
form of smoking bans. Some allow smoking in bars but not restaurants, others in
restaurants and bars but not in work places. Some ordinances allow smoking in
separate smoking areas with ventilation equipment.Opponents of the ban say the
committee will reflect all views."I don't think there's going to be any
preordained conclusion," said Kerry Gionis of the Charleston Restaurant
Association. "I think it's being set up in good faith."Thompson said the group
will undertake a "pretty comprehensive study" that will take several months.