ACLU fights Gov. Rick Scott's order to drug test state workers

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TALLAHASSEE -- Requiring job applicants to "pee in a cup" to test for drugs and randomly selecting current public employees to do the same is unconstitutional, attorneys for the American Civil Liberties Union said Wednesday after filing a federal lawsuit to stop the practice ordered by Gov. Rick Scott.

In what is expected to be a series of lawsuits on recently passed legislation and gubernatorial edicts, the ACLU called on a federal judge in Miami to immediately suspend an executive order signed by Scott in March that requires all agencies to set up random drug testing protocols for existing workers and require new hires to submit to drug tests as a condition of their employment.

In doing so, Scott has not only pushed the envelope over who can be tested, but has acted counter to multiple court rulings that require some probable cause or special circumstance before drug tests can be administered, Peter Walsh, an attorney representing the ACLU, told reporters Wednesday.

"This is a case in which the office of the governor has ripped the envelope apart," said Walsh.

A spokeswoman for Gov. Rick Scott responded that Floridians overwhelmingly support drug testing for state workers. She said the governor, who has required testing for new hires since he took office, is confident the executive order will withstand court scrutiny.

"There’s an odd hypocrisy here," said spokeswoman Amy Graham. "The ACLU supports all kinds of mandatory disclosures by public employees, but not the most important disclosure - whether or not they’re fit to be in the workforce."

It is an unnecessary and costly invasion of the basic privacy and dignity of all state workers to force us to submit to tests of our bodily fluids with absolutely no just cause.

Read more: http://www.miamiherald.com/2011/06/01/2246466/aclu-fights-drug-testing-of-state.html#ixzz1O7p8TOWi
 
Gov. Rick Scott suspends drug test requirement for most state workers

TALLAHASSEE -- Gov. Rick Scott has suspended his executive order requiring state agencies to conduct drug screenings of job candidates and random drug tests of current employees, according to a memo issued by his office.

The memo was obtained by the ACLU of Florida, which filed a federal lawsuit to block the order on May 31. In the memo, Scott assures his agency heads he is confident the March 22 order is constitutional, citing the "government's rights as an employer."

"Nonetheless, while the case is pending, it does not make sense for all agencies to move forward with the logistical issues involved in instituting the new policy," he wrote.

Scott also mentions agencies' efforts to coordinate and procure drug-testing services for the lowest cost per test. He said agencies were asked to hold off on adopting drug-testing policies as those discussions took place.

ACLU of FLorida leaders celebrated Scott's suspension. ACLU of Florida executive director Howard Simon called it "nothing less than a massive and embarrassing retreat on the part of Governor Scott."

Read more: http://www.miamiherald.com/2011/06/...ends-drug-test-requirement.html#ixzz1PSwURG4j
 
TALLAHASSEE -- Requiring job applicants to "pee in a cup" to test for drugs and randomly selecting current public employees to do the same is unconstitutional, attorneys for the American Civil Liberties Union said Wednesday after filing a federal lawsuit to stop the practice ordered by Gov. Rick Scott.

I'm against randomly drug testing people... but I'm very curious as to the legal argument the ACLU will use.... not only is it a common practice among private companies, but the government can obviously drug test people on pre-trial/probation/parole.... I just don't see how this is anymore unconstitutional than any use of a drug test, period.

I honestly don't understand why any employer should care. If the person is competent and works well and is not coming into work intoxicated, what they do on their own time should be their business.

I believe the ACLU does a lot more harm than to the cause of personal liberty when they make issues out of non-issues.
 
I'm against randomly drug testing people... but I'm very curious as to the legal argument the ACLU will use.... not only is it a common practice among private companies, but the government can obviously drug test people on pre-trial/probation/parole.... I just don't see how this is anymore unconstitutional than any use of a drug test, period.

  1. 4th Ammendment protects against search and seizure without probable cause and due process
  2. legal precedent says that drug tests constitute a "search"
  3. 14th Ammendment says states must adhere to the US Constitution
 
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