University of South Carolina Libraries
Man seeks to overturn conviction for illegal urine sales BY JEFFREY COLLINS THE ASSOCIATED DRESS COLUMBIA — Kenneth Curtis - never wanted to become famous • and certainly didn’t want to go to jail for being the guy who sells urine so people can beat drug tests. He just wanted to fight for pri vacy rights. But on Tuesday, Curtis will find himself before the state Supreme Court, asking the justices to throw out his conviction and six-month sentence for breaking a state law against selling urine. Prosecutors say the case is sim- , pie. Curtis knew the law and broke it when he sold urine and a kit containing a heat pack, tape and tubing so it appears a user is giving his own sample. The pur chaser two years ago turned out ' to be an undercover State Law I Enforcement Division agent. I Curtis is not exactly brimming with confidence, going before the same court that upheld the 1999 law banning the sale of urine, passed after Curtis had a series of highly publicized arguments with state Sen. David Thomas, R Fountainlnn. “I think we’ve got a fantastic case,” Curtis said by phone last week. “Whether we can get justice in a highly charged political case is the question.” Curtis’ main argument is the SLED agent testified he never told Curtis he was going to use the urine to beat a drug test because he feared Curtis wouldn’t sell him the kit. Curtis’ lawyer also plans to ar gue that the judge in the case shouldn’t have allowed testimony about an Internet pornography site linked to an Internet site that Curtis’ Web site was linked to. His defense also was crippled when a judge would not force Thomas to j testify whether he pressured SLED into going after him, Curtis saiu. ■ State law says it is illegal to sell 1 urine with the intent of defraud ing a drug test. Since the agent | didn’t say what he planned to use the urine for and Curtis doesn’t £ market his product as a way to beat a drug test, the justices 1 should overturn his conviction, Curtis said. In its brief, the state attorney general’s office said Curtis’ Web site left no doubt the intention of his product and his business card ' includes the statement “pass any ^ drug test guaranteed.” “The ads and the kits them- , selves demonstrated that Curtis’ business existed for only one pur pose,” the state wrote in its brief. Curtis, 44, acknowledges most ( workplace urine testing is for drugs and alcohol. But he said it , would be just as easy to begin test ing for pregnancy or traces of • drugs used to treat certain ill nesses like cancer. Employers could then use those results to secretly discriminate. ' “All urine testing does is invade privacy,” Curtis said. Still, Curtis is nervous about . Tuesday’s proceedings. He has never been to jail or been on the wrong side of the law until he picked this fight. He was the first , person convicted under the law and was sentenced to six years, < but that sentence is suspended af ter he spends six months in prison • and completes five years’ proba tion. He no longer sells urine at his Internet site. The kits used to cost ■ $69, but the price has dropped to M $49 since users must find their own samples. The court battles have forced Curtis to move his business to Hendersonville, N.C., and he con cedes “I don’t think I’ll ever sell . urine in South Carolina again.” But fame and riches weren’t what Curtis was looking for. This has never been a money making or a business venture,” he said. “I never set out to make a lot of money.” Drugs CONTINUED FROM PAGE 1 spring survey that they would prefer not to use illegal drugs while at parties. Carmela Carr, director of USC’s Drug and Alcohol Programs, says USC is below the national average when it comes to illegal drug usage. Of 93,679 college students sur veyed, the study revealed that over a 30-day period, 19 percent used marijuana, 1.6 percent used cocaine and 3 percent used am phetamines. USC is only above the nation al average pertaining to am phetamine usage. The University’s Law Enforcement and Safety Department is also seeking to stoj illegal drugs on campus. “We do the best job we can tc have a safe community,” said Ernest Ellis, the department’s di rector. “What I have seen over the years is that USC is no differenl from any other campus of its size “We do the best job we can to have a safe community. What I have seen over the years is that USC is no different from any other campus of its size and location.” ERNEST ELLIS UNIVERSITY LAW ENFORCEMENT AND SAFETY DEPARTMENT DIRECTOR and location.” Ellis explained that even though the department doesn’t have a sep arate drug unit, the officers are “very committed” to drug en forcement and take a “very seri ous approach to drug use.” Anytime leads are divulged to the department, “the informa tion is followed to the end. No in formation is overlooked,” he said. USC Law Enforcement also re ceives a grant that allows the de partment to pay overtime to offi cers who educate students through programs and presenta tions. “We will never turn our back on drug enforcement,” Ellis said. Comments on this story?E-mail gamecockudesk@hotmail.com F T v •r ir I v ir * I« I---*—~ ; tr jig COSTUME RENTALS AND SALES your Halloween source k ; I -■ \ k^ 5143 Forest Drive ! 782.8188 <*r k It k h Sr k h ir k i~ I__I f TRI t OR FORYOUR F EY*7^ \t WE SPECIALIZE IN CONTACT LENSES WITH A GREAT SELECTION OF FRAMES DR DAVID J. MATHEWS (OD) DR JEFFERY S. POCKL (OD) FORMERLY AT THE ISC DEPT OF OPTHAMOLOCY CLOSE TO CAMPUS 2900-B DEVINE ST. 803-376-4545 'NroP'-'lrol igr ■ .■. Hr V •< Hr V -*r Hr v 1 J Masks Makeup Popcorn Candy Apples Wigs Hats V Decorations Balloons Candy Favors _ ______ • _ __ flaPfijiiiijBji next to Williams Brice Stadium 1055 Berea Road ■ Columbia, SC 29201 wwwxraneraxom (803)-779-2290_ -r Mon-Sat ■ ALIJDWEE f 1621 Mala St. XS2-I3S0 Tue-Sat 9am-Apin ARMY/NAVY ^ STORE^ _J _! -t llVMiillViB t 111 " 1 H 1 I -nr UB iftiAwtiiiiB -% v -nr v -nr ^tr v ; M ^-k^ir^-k ^§~'v-^r^.'3h'Nr^Th'Hc