The gamecock. (Columbia, S.C.) 1908-2006, October 22, 2003, Page 3, Image 3
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.
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