October 25, 2011 in Nation/World

Florida welfare drug-testing law blocked

Judge says requirement may violate U.S. Constitution
Mike Schneider And Kelli Kennedy Associated Press
 

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

Judge Mary Scriven ruled 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. The judge said there was a good chance plaintiff Luis Lebron would succeed in his challenge to the law based on the Fourth Amendment, which protects individuals from being unfairly searched.

The drug test can reveal a host of private medical facts about the individual, Scriven wrote, adding that she found it “troubling” that the drug tests are not kept confidential like medical records. The results can also be shared with law enforcement officers and a drug abuse hotline.

“This potential interception of positive drug tests by law enforcement implicates a ‘far more substantial’ invasion of privacy than in ordinary civil drug-testing cases,” said Scriven, who was appointed by President George W. Bush.

The judge also said Florida didn’t show that the drug-testing program meets criteria for exceptions to the Fourth Amendment.

The injunction will stay in place until the judge can hold a full hearing on the matter. She didn’t say when that hearing will be scheduled.

More than two dozen states have also proposed drug-testing recipients of welfare or other government assistance, but Florida was the first state to enact such a law in more than a decade. Should any of those states pass a law and face a court challenge, Scriven’s ultimate ruling would likely serve as a legal precedent.

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 those figures. A spokesman for the Florida Department of Children and Families deferred all comments to the governor’s office.

“Drug testing welfare recipients is just a common-sense way to ensure that welfare dollars are used to help children and get parents back to work,” said Jackie Schutz, a spokeswoman for Scott. “The governor obviously disagrees with the decision and he will evaluate his options regarding when to appeal.”

Earlier this year, Scott also ordered drug testing of new state workers and spot checks of existing state employees under him. But testing was suspended after the American Civil Liberties Union also challenged that policy in a separate lawsuit.

Nearly 1,600 applicants have refused to take the test since testing began in mid-July, but they aren’t required to say why. Thirty-two applicants failed the test and more than 7,000 have passed, according to the Department of Children and Families. The majority of positives were for marijuana.

State officials said Monday that applicants previously denied benefits for testing positive or refusing the test could reapply immediately. The Department of Children and Families will also approve all pending applications that await drug test results.

© Copyright 2011 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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