Florida's drug test for welfare applicants blocked

[slimvictor]

A federal judge on Monday blocked Florida's new law that requires welfare applicants to pass a drug test before receiving the benefits, saying it may violate the Constitution's ban on unreasonable searches and seizures.

Judge Mary Scriven's ruling is in response to a lawsuit filed on behalf of a 35-year-old Navy veteran and single father who sought the benefits while finishing his college degree, but refused to take the test.

In issuing the injunction, the judge said there was a good chance plaintiff Luis Lebron would succeed in his challenge. The ban on enforcement will remain in place until the judge can hold a full hearing on the matter.

The law's proponents include Gov. Rick Scott, who said during his campaign the measure would save $77 million. It's unclear how he arrived at that figure.

(...)
Under the Temporary Assistance for Needy Families program, the state gives $180 a month for one person or $364 for a family of four. Those who test positive for drugs are ineligible for the cash assistance for one year, though passing a drug course can cut that period in half.

Cont at
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/10/24/MNO31LLM0G.DTL

 

[clubberdude]

I'm glad it hasn't passed (though will probably be only a matter of time before it does...). Seems like a horrific violation of human rights.

Now of course, the real test as to whether this is fair would be to test Alcohol users and subject them to the same sanctions if they test positive, but of course, that will never happen as Alcohol raises tax revenues...

 

[scureto1]

That's exactly my opinion on the matter. The idea, in concept, makes some sense. No one wants to see people spending their money on unnecessary luxury items (yes, drugs are luxury items) when they are already broke enough that they are receiving money from the government. However, targeting one particular type of luxury item and one particular group of people while completely ignoring a plethora of other ways people waste their government assistance money is terribly unfair and obviously just an attack on the most stigmatized group of people in the country (drug users, and even more specifically, POOR drug users).

Not to mention the unjustified invasion of privacy. If drug testing is considered reasonable for all government assistance applicants, then it would only be fair if ALL people receiving government assistance had to submit receipts showing how all of their money was spent, and be penalized for any wasteful spending. Anyone can see what a bullshit idea that is, and the drug testing thing is no different.

 

[cj]

Good for that guy standing up for himself and good on that judge maybe there is some hope left for this country after all.

 

[LogicSoDeveloped]

That's exactly my opinion on the matter. The idea, in concept, makes some sense. No one wants to see people spending their money on unnecessary luxury items (yes, drugs are luxury items) when they are already broke enough that they are receiving money from the government. However, targeting one particular type of luxury item and one particular group of people while completely ignoring a plethora of other ways people waste their government assistance money is terribly unfair and obviously just an attack on the most stigmatized group of people in the country (drug users, and even more specifically, POOR drug users).

Not to mention the unjustified invasion of privacy. If drug testing is considered reasonable for all government assistance applicants, then it would only be fair if ALL people receiving government assistance had to submit receipts showing how all of their money was spent, and be penalized for any wasteful spending. Anyone can see what a bullshit idea that is, and the drug testing thing is no different.

Imo, anyone who benefits from the government-anyone who is paid by the government-should be drug tested if they're going to drug test welfare recipients. This includes all police officers, judges, sheriffs, etc. I would like to see how many of THEM are clean.

 

[villian]

I'm glad it hasn't passed (though will probably be only a matter of time before it does...). Seems like a horrific violation of human rights.

It seems this may just be for new applicants. Florida started testing recipients within the past month or so. After the first series of tests it came back with something like a 2% positive rate (ie. complete failure and waste of money)