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Judge Orders Florida to Stop Welfare Drug Tests

Says it will likely be ruled unconstitutional

By Kevin Spak,  Newser Staff | Suggested by Scaramouche

Posted Oct 26, 2011 12:31 PM CDT

(Newser) – A federal judge has ordered Florida to suspend its “suspicionless drug testing” of would-be welfare recipients, writing that “there is a substantial likelihood” that the law requiring such tests will be deemed unconstitutional. The ruling comes thanks to an ACLU lawsuit on behalf of one welfare recipient—an unemployed ex-Marine, college student, and single dad—who refused to take the test because he felt it violated the Fourth Amendment’s protections against unreasonable search and seizure, CNN reports.

The judge denied the ACLU’s request to make the case a class-action suit, but otherwise seemed sympathetic. “Perhaps no greater public interest exists than protecting a citizen's rights under the Constitution,” she wrote. A similar law in Michigan was struck down as unconstitutional by a federal appeals court in 2003. Florida Gov. Rick Scott’s office says he “obviously disagrees with the decision,” and is evaluating his appeal options.

A urine sample bottle is seen in this file photo.
A urine sample bottle is seen in this file photo.   (Shutterstock)
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COMMENTS
Showing 3 of 93 comments
Tres
Oct 28, 2011 10:30 AM CDT
If you are not going to, or rather are unable to work and the government, nay, the working-class/government, are going to render assistance then there must be a set of guidelines that prohibit its abuse. If, for instance, we don't drug test those who are on Welfare and even 2% of them are purchasing illicit drugs then we are indirectly reducing the effectiveness of our "War on Drugs". If folks in poverty stricken areas are unable to work, or, unable to find work, doesn't that lead to an eventual sense of complacency? Wouldn't complacency lead to boredom? Don't we as people search vociferously for ways to escape that boredom? Granted most won't turn to drugs, but some will; is it truly unreasonable for those who assist to want that assistance to be rendered to those who are truly in need? Of course this conjecture on my part, but isn't there some truth to it?
Bamm69
Oct 28, 2011 12:59 AM CDT
Its amazing that people dont find it illegal for a company thats pays you for your services to require you to have to take a drug test but for the country to give you free money they feel there is something wrong.
Face-Of-RNC
Oct 27, 2011 9:21 AM CDT
Another defeat for the hate-filled reactionaries of America.
 

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