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ACLU Plans Lawsuit Over Welfare Drug Tests
http://www.news4jax.com/news/29105590/detail.html ^

Posted on 09/07/2011 4:51:42 PM PDT by kcvl

MIAMI -- The American Civil Liberties Union of Florida plans to challenge the state's law requiring new welfare recipients to pass a drug test. An ACLU spokesman told The Associated Press Wednesday the lawsuit is being filed on behalf of a 35-year-old Orlando man, Luis Lebron.

The spokesman says Florida's drug testing law is unconstitutional, saying it violates the Fourth Amendment's search and seizure protections.

No further details of the lawsuit were immediately available. Gov. Rick Scott signed the drug testing bill into law in July. Under the law, welfare applicants must pay for the drug tests. If they pass, they'll get reimbursed. If they fail, they can't get benefits for at least a year, and could face child abuse charges.

(Excerpt) Read more at news4jax.com ...


TOPICS: News/Current Events; US: Florida
KEYWORDS: aclu; fl; florida; rickscott; sourcetitlenoturl

1 posted on 09/07/2011 4:51:46 PM PDT by kcvl
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The lead plaintiff in the case is Luis Lebron, a 35-year-old Navy veteran living in Orlando and attending the University of Central Florida.

A single father, he cares for his four-year-old son and disabled mother.

“The new law assumes that everyone who needs a little help has a drug problem,” Lebron said Wednesday. “It’s wrong and unfair. It judges a whole group of people on their temporary economic situation.”

Under the drug testing law, welfare applicants are required to pay for the test but are reimbursed by the state if it is negative.

Positive tests carry an immediate six-month ban on receiving welfare cash. A second positive test results in a three-year ban.

http://www.tampabay.com/news/courts/civil/aclu-navy-vet-sue-over-welfare-drug-testing-law/1190198


2 posted on 09/07/2011 4:56:56 PM PDT by kcvl
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To: kcvl
i had to take a test to WORK TO PAY FOR THEIR WELFARE...
3 posted on 09/07/2011 4:57:47 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: kcvl

how bout we stop providing welfare in florida


4 posted on 09/07/2011 4:58:16 PM PDT by jjw
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To: kcvl
ACLU Plans Lawsuit Over Welfare Drug Tests

Of course. It's what they do.

Child abuse charges if you fail the drug test? Huh?

5 posted on 09/07/2011 4:58:36 PM PDT by upchuck (Rerun: Think you know hardship? Wait till the dollar is no longer the world's reserve currency.)
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To: kcvl
The spokesman says Florida's drug testing law is unconstitutional, saying it violates the Fourth Amendment's search and seizure protections.

Where in the constitution is he granted a right to taxpayer-paid funds?

6 posted on 09/07/2011 5:02:46 PM PDT by E. Pluribus Unum (Palin is coming, and the Tea Party is coming with her.)
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To: kcvl

Before I retired from the National Guard, I was subject to random drug testing from 4 different government agencies.

USCG (I hold a “Merchant Mariners Document” for my job)
ODOT (I have a class A CDL for my job)
Marion County Public Works (my employer)
OR National Guard

Never flunked a test. It’s not that hard. Just don’t do drugs...

ACLU just trying to keep Cloward/Piven alive and well...


7 posted on 09/07/2011 5:03:18 PM PDT by Tailback
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To: kcvl

““The new law assumes that everyone who needs a little help has a drug problem,” Lebron said Wednesday.”

I”ve been subject to drug testing in order to hold a job since 1985. I don’t care. What I do care about is paying somebody to lay around all day doing drugs on my tax money.


8 posted on 09/07/2011 5:07:00 PM PDT by Gen.Blather
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To: Tailback

I work for the VA...I had to pass a drug screen to be hired and am subject to random tests anytime HR wants.


9 posted on 09/07/2011 5:08:30 PM PDT by mom4melody
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To: kcvl

You want MY money, then you gotta piss in the bottle. Exceptions will be given for people who are prescribed opioids.


10 posted on 09/07/2011 5:09:43 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: kcvl

They will lose this one.

LLS


11 posted on 09/07/2011 5:11:28 PM PDT by LibLieSlayer (Certified Al Palin Hobbit Terrorist)
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To: E. Pluribus Unum
Where in the constitution is he granted a right to taxpayer-paid funds?

Exactly! He is not required to ask for this "assistance," so, this is LESS of a 4th Amendment violation than ANYTHING the TSA is doing to Americans on a daily basis! And HELL, the TSA is doing this when the only involvement of the GOVERNMENT in your decision to fly is excessive taxes and fees!!

Don't like the rules to get welfare, then do NOT particpate in welfare - pay for your own family and their costs!! DUH!
12 posted on 09/07/2011 5:13:25 PM PDT by ExTxMarine (PRAYER: It's the only HOPE for real CHANGE in America!)
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To: kcvl

Hey, I had to pass a drug test to get my job, and hubby had to take one whenever they tell him to. Why shouldn’t they have to take one? So it’s ok for me to take one in order to support them, but they should e exempt? Sheesh.


13 posted on 09/07/2011 5:13:51 PM PDT by USMCWife6869
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To: kcvl
I don't live in Florida but I am sure that there are plenty of working people there who, like me, have had to take drug tests in order to work. Those are the people who provide the money that the welfare recipients get.

If the providers of the money have to take drug tests, why shouldn't those getting the money?

On one job, I administered some of the tests. One of the things we told new hires was that "No, you are not required to take the test, but if you don't, the company is not required to give you a job."

I don't see why it should be any different for public assistance.

Besides, if you can afford the illegal drugs, you don't much need the assistance, now do you?

14 posted on 09/07/2011 5:14:26 PM PDT by susannah59
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To: Chode
i had to take a test to WORK TO PAY FOR THEIR WELFARE...

Ditto, had to pee in a cup to get off un-employment and get back to paying taxes to support those not working.

WTF

15 posted on 09/07/2011 5:16:38 PM PDT by JMJJR ( Newspeak is the official language of Oceania)
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To: Tailback

Everyone’s so polite here.

I had to p** in the bottle from 1972 in Vietnam until November of last year. Active duty, reserves, mox nix.

Then I got to serve on admin separation boards. When yardbirds showed up after p***ing hot for the third time, it was so much fun to give thumbs down to these repeat druggies. Who needs ‘em?

Drug testing welfare recipients makes too much sense, so of course the ACLU opposes it just like anything else that might delay the downfall of Western Civilization.


16 posted on 09/07/2011 5:18:18 PM PDT by elcid1970 ("Deport all Muslims. Nuke Mecca now. Death to Islam means freedom for all mankind.")
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To: Blood of Tyrants
Anyone with a legitimate prescription in his or her own name doesn't need any special exemption.

If a test is positive for a substance but there is a legal, legitimate prescription for the substance, it's considered a "clean" test.

17 posted on 09/07/2011 5:20:07 PM PDT by susannah59
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To: kcvl

no fourth amendment violation is there. you do not have to accept help therefore if you choose not to accept help you don’t have to have the test.


18 posted on 09/07/2011 5:21:51 PM PDT by Recovering_Democrat
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To: kcvl; Joe Brower

Florida big news ping!


19 posted on 09/07/2011 5:23:34 PM PDT by Recovering_Democrat
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To: kcvl

FUACLU!!
Gawd I am sick of these people.


20 posted on 09/07/2011 5:25:05 PM PDT by GnuHere
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To: Recovering_Democrat

Exactly!

Don’t want to pee in the cup, don’t ask for taxpayer’s money, end of story.


21 posted on 09/07/2011 5:29:40 PM PDT by kcvl
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To: kcvl

How about a public campaign pointing out that the ACLU supports illegal drug users. I say it is high time the ACLU get it’s own medicine. Every time the ACLU supports a cause like this, the people ought to fight back.


22 posted on 09/07/2011 5:32:32 PM PDT by Dutch Boy
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To: Chode

Digging deeper into the numbers shows another trend: since the drug testing law passed, there’s been a 15 percent drop in the number of people getting government assistance.

DCF says that is a significant drop, but they are not sure why. It could be due any number of factors, like people getting jobs, or capping out on benefits, or possibly the new drug policy.

http://www.myfoxtampabay.com/dpp/news/state/numbers-show-fewer-people-on-welfare-08252011


23 posted on 09/07/2011 5:34:13 PM PDT by kcvl
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To: GnuHere

The only thing wrong with this law is that it doesn’t include PRESENT welfare recipients. I’ll bet at least half would flunk!


24 posted on 09/07/2011 5:34:41 PM PDT by holyscroller ( Without God, America is one nation under)
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To: LibLieSlayer

About 70 percent polled believe that if a person on Welfare is found to be using illegal drugs, he or she should have the benefits completely cut off, and those surveyed are divided on whether the testing should be done randomly, regularly or when there is a “reasonable suspicion” of drug use.

http://www.metrowny.com/columns/960-To_test_or_not_to_test_that_is_the_million_dollar_question.html


25 posted on 09/07/2011 5:40:53 PM PDT by kcvl
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To: LibLieSlayer
They will lose this one.

LLS

I sure hope you're right.

I'll believe it when I see it.

26 posted on 09/07/2011 5:43:19 PM PDT by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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To: kcvl

Yup, the welfare class lives better than those of us idiots paying the bill.

Ya, I am starting to think I am just as dumb as Obama for continuing to work 14-18 hours a day to pay for this crap.

I had to pee in a cup a week ago just so I could work my a$$ off to pay the taxes for someone else to sit on theirs.

I’m a little miffed.


27 posted on 09/07/2011 5:43:25 PM PDT by cableguymn
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To: kcvl

The ACLU is a Communist front organization. See their charter. That’s all one needs to know.


28 posted on 09/07/2011 5:44:37 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: kcvl

This is precisely why I’d vote for Michael Savage for President if he ran. He knows who the real enemies of America are. What candidate has so much as mentioned the ACLU, let alone promised to take them on as the legal racketeering group they are? Answer: no one.


29 posted on 09/07/2011 5:45:03 PM PDT by SpaceBar
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To: kcvl

The ACLU hates being beaten at their own game.

I agree it’s unconstitutional - as unconstitutional as taking my money to give to someone else. Ya wanna throw out one part of it to get what you want? Fine. I wanna throw out another part to stop you.

When the ACLU wants to get serious about the Constitution - instead of using it as a weapon against my country - then we’ll talk.


30 posted on 09/07/2011 5:46:25 PM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: kcvl
I hope this is DOA, and I'm a 4th amendment absolutist.

Welfare isn't a right.

31 posted on 09/07/2011 5:47:41 PM PDT by Darren McCarty (I am not lead by any politician. I am my own leader.)
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To: kcvl
If you want to take my money than you should have to take a drug test...like I do...


32 posted on 09/07/2011 5:50:10 PM PDT by darkwing104 (Let's get dangerous)
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To: kcvl
bingo...
33 posted on 09/07/2011 5:58:40 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: holyscroller

You betcha! I have worked in an ER in a hospital that has to write off the bills for these leeches who come in with an overdose and such. And the able-bodied welfare recipients band together and pool their checks with their “roommates” and have a better lifestyle than many working Americans, except when their meth labs catch on fire...


34 posted on 09/07/2011 6:02:31 PM PDT by GnuHere
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To: kcvl

Meanwhile, if I want to fly on a commercial airplane, I have to let someone “touch my junk” or go to jail but that’s NOT a violation of the 4th?


35 posted on 09/07/2011 6:14:11 PM PDT by Locomotive Breath
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To: GnuHere

I don’t think anyone would mind helping people who can’t help themselves but we all have seen and know what kind of scumbags and leeches are scamming the system so they can sit on their lazy asses. They don’t have a problem finding drugs or paying for them or anything else their little hearts desire.


36 posted on 09/07/2011 6:17:32 PM PDT by kcvl
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To: kcvl

Flippin’ bottom-feeding, bottom tier lawyers who can’t get jobs at real law firms so they have to join the aCLU as a way of making themselves a royal pain in the ass to decent, normal Americans.


37 posted on 09/07/2011 6:32:55 PM PDT by FlingWingFlyer (Spreading fear isn't working for the 'RATS anymore so they've resorted to using threats.)
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To: kcvl

I have a different perspective. I think it’s illegal to test for drugs in ANYBODY! For the same reasons given in the law suit. I hope they win. Not because welfare recipients should be exempt while workers aren’t, but because nobody should have to have their civil rights violated.

Workers aren’t guaranteed a constitutional right to being hired on a job, either!!

I don’t do drugs, but I RESENT having to prove I’m not guilty! By golly, if my job performance indicates differently, then that’s a different story. I don’t think anybody should have the right to check your credit before hiring you, either.


38 posted on 09/07/2011 6:35:18 PM PDT by PrairieLady2
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To: kcvl

Welfare Drug Tests a.k.a. Urine the Money!


39 posted on 09/07/2011 6:36:20 PM PDT by taxcutisapayraise (Making Statism Unpopular)
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To: elcid1970

Last sentence sums it up quite well, IMHO.


40 posted on 09/07/2011 6:39:33 PM PDT by SirLurkedalot (NO R/CINOs IN 2012...or ever again!!!!)
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To: kcvl

Ya, that is my attitude. My mom has dementia and my brother is mentally retarded. I am all they have. And the govt already siphons away dollars from them to able-bodied drug addicts on welfare? It’s insane.
There needs to be a lot more investigative work to ferret out fake ppl on welfare, like a bounty system to videotape them. (”Bad back? Why are you playing golf and gardening?”)


41 posted on 09/07/2011 6:50:15 PM PDT by GnuHere
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To: kcvl

is the part of the Bill of Rights which guards against unreasonable searches and seizures,

There is nothing unreasonable in requiring someone that is asking for taxpayer dollars to support them being asked to take a drug test. You don’t want to test then don;t apply for welfare.........


42 posted on 09/07/2011 6:54:14 PM PDT by SECURE AMERICA (Where can I sign up for the New American Revolution and the Crusades 2012?)
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To: kcvl

Hey ACLU, you want to drive-get a license. You want to be a doctor-get a medical license. Lots of things have preconditions.

Be a US citizen and still be bresthing to vote, for example.

If they want OUR money, then they will follow the rules that are established.


43 posted on 09/07/2011 7:22:17 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: upchuck
Child abuse charges if you fail the drug test?

That's the part I don't like. I don't mind drug tests to qualify for welfare, but child abuse charges for failing a drug test is stretching it a bit.

44 posted on 09/07/2011 7:49:09 PM PDT by VanShuyten ("a shadow...draped nobly in the folds of a gorgeous eloquence.")
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To: VanShuyten

I had this crazy idea about this the other day. I thought this idea would flush out all the people who are not serious about improving their lives while stifling the ACLU types, who act like we are being unfair. Actually, I mean the democrat types that say this would be some sort of “disenfranchisement” of peoples’ “rights”

Let’s say people who get “benefits” now at the rate they are getting them now could continue to get them at the same rate they get them now, if they submit to a drug test.

If they don’t submit to a drug test the get some percentage, like 33% of the normal payment.

Kind of a rough idea/bad idea probably but this would ferret out people’s real feelings on this matter.

If you want to do something that makes you lazy and not want to work you will get enough money to sustain life, and if you want to continue to work toward bettering yourself, you will get more help.

Man it seemed like such a better idea until I had to try and type it out.


45 posted on 09/07/2011 8:05:12 PM PDT by BookaT (My cat's breath smells like cat food!)
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To: SirLurkedalot

Aw, don’t get me started on the lousy no good ACLU!

I’m soon 63 years old and just want for my wife and I to live out our days in peace but the ACLU thinks we haven’t paid for our sins enough!

BTW, she can now see better than me, G-d bless her eye surgeon, and outscores me bigtime at the pistol range but I’m still murder at 300 yards with the AR-15.

And anyway, it’s going to be the tactical shotgun that decides most outcomes where we live.

Golden years my foot!


46 posted on 09/07/2011 8:20:55 PM PDT by elcid1970 ("Deport all Muslims. Nuke Mecca now. Death to Islam means freedom for all mankind.")
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To: elcid1970

Picture me smiling, FRiend.


47 posted on 09/07/2011 9:24:23 PM PDT by SirLurkedalot (I choose Liberty, Life and Almighty God; **** everything else, and the horse it rode.)
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To: JulieRNR21; kinganamort; katherineisgreat; floriduh voter; summer; Goldwater Girl; windchime; ...
Check out the comments at the link.

Florida Freeper


48 posted on 09/08/2011 4:53:07 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: kcvl

Here’s my idea of welfare reform:

(document presented in language of applicant).....Public Assistance Implementation and Usage Contract.

This contract, entered into on (date) and expiring on (18 months from implementation date) by the (state agency) and applicant(s) listed herein (must submit names of applicant and children born to her via birth records),allows for the provision of food,housing allowance,child care and education for the purposes of job placement during the contract period,and is understood by all parties concerned that the provision of aforementioned assistance is on a one-time basis,not to be repeated or reinstated at any time for any reason between the applicant(s) and the agency named herein,and is for the aforementioned time period only,and can only be implemented following presentation of documents proving legal citizenship status and a drug screening process,both of which are to be conducted by the agency.

Once legal citizenship status and drug screen results are known by the agency and the applicant and found to be favorable,this contract can then be implemented.The following covenants hereby apply and are agreed upon by both the named agency herein and the applicant(s) seeking assistance (failure of any one of these covenants will be considered a contract breach on the part of the applicant,and will result in immediate termination of the contract;assistance will be terminated immediately and can never be reinstated at any time in the future for any reason:

applicant will submit to random home visits which will be unannounced and will occur during the 5-day work week,normally during the early afternoon hours;

applicant will submit to random drug testing as directed by the agency;

applicant must not conceive,adopt (formally or informally,including family members,immediate or extended) marry or cohabitate during the contract period;

applicant must attend a one-year vocational program via a voucher provided by the agency;applicant must attend each class ( two absences will be allowed during the contract period and a doctor’s note must be submitted upon returning to class for each absence) and a transportation voucher will be provided by the agency for transportation during class hours;child care will be provided by the agency during class hours only.

Once applicant graduates from vocational training, a two-month job-placement period will commence,with child care provided by the agency; Upon applicant’s employment,there will be an additional 4 months of ongoing assistance to allow applicant enough time to establish themselves in their occupation and to make child-care arrangements for after the contract period.

Once this contract has reached its expiration date,the assistance provided,all provisions and covenants and financial considerations as well,will cease and terminate permanently.The applicant is barred from any and all future assistance.

I,________________ hereby agree to adhere to all covenants,rules,etc of this contract. I realize and fully understand that I am bound by this contract in order to receive assistance in any form,and that any violation or breach will result in my receiving any form of assistance any further. I agree further that this contract was fully explained to me by the agency caseworker and that I will fully comply. (sign & date here)____________________________

Agency hereby agrees to and will implement to the best of its ability and obligations,all covenants of this contract.

(agency sign & date)_______________________


49 posted on 09/08/2011 9:03:55 AM PDT by gimme1ibertee ("Criticism......brings attention to an unhealthy state of things"-Winston Churchill)
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