Pubdate: Wed, 07 Dec 2011
Source: Miami Herald (FL)
Copyright: 2011 Miami Herald Media Co.
Author: Rebecca Catalanello
Bookmark: (Drug Testing)


A federal judge in Orlando on Monday temporarily blocked Florida's 
controversial law requiring welfare applicants be drug tested in 
order to receive benefits.

Judge Mary Scriven issued a temporary injunction against the state, 
writing in a 37-page order that the law could violate the 
Constitution's Fourth Amendment ban on illegal search and seizure.

The constitutional rights of a class of citizen are at stake," Scriven wrote.

The American Civil Liberties Union sued the state last month on 
behalf of Luis Lebron, a 35-year-old Navy veteran and single father 
from Orlando who is finishing his college degree.

Lebron met all the criteria for receiving welfare, but refused to 
submit to a drug test on the grounds that requiring him to pay for 
and submit to one is unreasonable when there is no reason to believe 
he uses drugs.

Gov. Rick Scott, who signed the measure into law on May 31, touted it 
as a way to ensure taxpayer money isn't "wasted" on those who use 
drugs. "Hopefully more people will focus on not using illegal drugs," 
he said then.

But, in her order, Scriven issued a scathing assessment of the 
state's argument in favor of the drug tests, saying the state failed 
to prove "special needs" as to why it should conduct such searches 
without probable cause or reasonable suspicion, as the law requires.

If invoking an interest in preventing public funds from potentially 
being used to fund drug use were the only requirement to establish a 
special need," Scriven wrote, "the state could impose drug testing as 
an eligibility requirement for every beneficiary of every government 
program. Such blanket intrusions cannot be countenanced under the 
Fourth Amendment."

Jackie Schutz, deputy press secretary for Gov. Scott, sent an emailed 
statement in response to Scriven's order.

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," Schutz wrote. "The governor obviously disagrees with the 
decision, and he will evaluate his options regarding when to appeal."

ACLU attorney Maria Kayanan said she was thrilled with Scriven's 
order, though she suspects the state will appeal.

This is a great day for Florida," Kayanan said. "The law is a 
reflection of ugly stereotypes that people who need a helping hand 
from the state are drug dealers."

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 welfare 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.

Supporters of the law say applicants skipped the test because they 
knew they would have tested positive for drugs. Applicants must pay 
$25 to $45 for the test and are reimbursed by the state if they pass. 
It's unclear if the state has saved money.

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. If they fail a second time, they are ineligible for 
three years.

Besides finding that the state so far has failed to adequately defend 
its position in support of drug testing, Scriven's order on Monday 
cited the fact that a 2003 state-sanctioned study of drug use among 
welfare recipients indicated the incidence of drug use was lower 
among Florida's state welfare recipients than among the general population.

The authors of that study specifically recommended that the state not 
expand such drug testing because of the high costs of testing 
compared with the potential benefits.

Lebron, who is the sole caretaker of his 4-year-old son, said he's 
"happy that the judge stood up for me and my rights and said the 
state can't act without a reason or suspicion."

Lebron is a student at the University of Central Florida pursuing a 
bachelor's degree in accounting and expects to graduate in December, 
according to the complaint.

The ACLU says Florida was the first to enact such a law since 
Michigan tried more than a decade ago. Michigan's random drug testing 
program for welfare recipients lasted five weeks in 1999 before it 
was halted by a judge, kicking off a four-year legal battle that 
ended with an appeals court ruling the law unconstitutional.

The Associated Press contributed to this report.
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MAP posted-by: Jay Bergstrom