19 Mar 2002
A South Carolina man has been banned by the South Carolina Supreme Court from selling his urine on the internet.
Kenneth Curtis set up his e-urine business, Privacy Protection Services, in 1996 for those people who wanted to pass drugs tests. South Carolina authorities pulled the chain on the business in 1999.
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Curtis' lawyer, Robert C Child III, told the court that the decision was lifting the lid for dangerous legal precedents as his client was not actually breaking any law.
"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," he said.
At £50 a dose Curtis' drug-free urine was hardly spending a penny, although the price included tubing to make users appear as if they were urinating if a policeman ever asked them for a sample.
Curtis claimed the law was vague, violated his freedom of expression rights and infringed on interstate commerce.
In his decision against Curtis, South Carolina Chief Justice Jean Toal slashed into the defence's argument.
"A statute making it unlawful to defraud a drug test furthers the public purpose of ensuring a drug-free workplace. Furthermore, the public purpose of creating safety in the workplace outweighs any legitimate interest, if any, of Curtis in doing business."
Curtis has now moved his business from South Carolina to North Carolina which does not have the same laws.
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