THE STATE EX REL. OHIO AFL-CIO ET AL.
v.
OHIO BUREAU OF WORKERS' COMPENSATION ET AL.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted January 30, 2002.
Decided December 18, 2002.
Attorney(s) appearing for the Case
Stewart Jaffy & Associates, Stewart R. Jaffy and Marc J. Jaffy, for relators Ohio AFL-CIO and William Burga.
Steve E. Mindzak, for relators United Auto Aerospace & Agricultural Implement Workers of America, Region 2 and Region 2-B.
Betty D. Montgomery, Attorney General, Cheryl J. Nester, Assistant Attorney General, and Elise W. Porter, Assistant Solicitor, for respondents.
Philip J. Fulton & Associates, Philip J. Fulton, William A. Thorman III and Jonathan H. Goodman, in support of relators for amicus curiae Ohio Academy of Trial Lawyers.
Jillian S. Davis and Raymond Vasvari, in support of relators for amicus curiae American Civil Liberties Union of Ohio Foundation, Inc.
Cloppert, Portman, Sauter, Latanick & Foley, Frederic A. Portman and Christopher A. Flint, in support of relators for amicus curiae Ohio Education Association.
Joyce Goldstein & Associates, L.P.A., and Joyce Goldstein, in support of relators for amicus curiae Service Employees, International Union Local 47.
Joseph P. Sulzer, in support of relators for amicus curiae various Members of the Ohio General Assembly.
Crosby, O'Brien & Associates and Elizabeth A. Crosby, in support of respondents for amicus curiae Greater Cleveland Growth Association Council of Smaller Enterprises.
Garvin & Hickey, L.L.C., Preston J. Garvin and Michael J. Hickey; Vorys, Sater, Seymour & Pease L.L.P., Robin Obetz and Robert A. Minor; Bricker & Eckler, L.L.P., Thomas R. Sant and Kurtis A. Tunnell, in support of respondents for amici curiae Ohio Chamber of Commerce, Ohio Self-Insurers' Association, Ohio Chapter of the National Federation of Independent Business, Ohio Farm Bureau Federation, and Ohio Manufacturers' Association.
Supreme Court of Ohio.
PFEIFER, J.
{¶ 1} The issue in this case is whether 2000 Am.Sub.H.B. No. 122 ("H.B. 122"), which permits the warrantless drug and alcohol testing of injured workers, is constitutional. We find that H.B. 122 violates the protections against unreasonable searches contained in the Fourth Amendment to the United States Constitution and Section 14, Article I of the Ohio Constitution.
Factual Background
{¶ 2} The relators in this...
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