Judge halts drug tests as condition of Florida payments

reuters ^ | 10/24/2011 | Michael Peltier

[tobyhill]

Florida will not be allowed to require applicants for cash assistance to needy families to pass a drug test before receiving payments, a federal judge ruled on Monday.

In a 37-page ruling, U.S. District Court Judge Mary Scriven in Orlando granted an injunction barring the state from enforcing the new law until the case is resolved.

The lawsuit was filed by the American Civil Liberties Union of Florida on behalf of a University of Central Florida student who refused to take the test when he applied for Temporary Assistance to Needy Families, a federal program that provides cash assistance to families with children.

In her ruling, Scriven said the testing procedure could cause irreparable harm to recipients.

[Dedbone]

Bush’s fault. Really!

[microgood]

Funny.....when I was in the Army, I got drug tested at random. As a civilian, I worked at jobs where I was given a company vehicle. Drug testing was also required. In each case, they were conditions of receiving money...which was my salary. No federal judge or ACLU lawyer had a problem with it. Neither did I.

When you joined the Army you gave up your constitutional rights. When working for a private company the 4th amendment does not protect you from their requirements, it only limits what the government can do. And the government can only do it without cause under certain conditions, like safety or security.

Personally I think the correct solution is to eliminate the program all together, and I think the whole drug testing thing is a dark stain on our country brought about by the government creating a crisis from thin air. As I recall, it was justified on the grounds that planes would start falling from the skies and truckers would kill millions if they were not tested on a regular basis. Drug testing is a complete waste of time, and many companies have stopped doing it. In the case of Florida, the governor has real close ties to drug testing companies and that is why he passed the law.

[steveo]

I sadly think the same. If this country continues on it’s path of self-destruction I’m outta here while I still can.

[Recovering Ex-hippie]

Drug testing is still done at MANY companies, and for sure for new hires.

the main issue here is that food stamps can be sold for drugs and are...go ahead and drug test them IF you are getting Tax payor monies.

[microgood]

How anyone can argue that this doesn't make sense is staggeringly stupid.

It's not about whether it makes sense. It is a matter of whether it is constitutional. It clearly isn't under the current interpretation of the 4th Amendment.

Many people believe that arguing that citizens should have the right to own guns is staggeringly stupid, and I am glad the 2nd Amendment is there to protect me from them. And I can either support the whole constitution, or ignore it. I am not going to support the portions I like and rally against the ones I don't, unless I am willing to give up all my guns.

[GeronL]

on what grounds?

There are lots of criteria for qualifying for welfare, this is no different than others

[GeronL]

Just make it legal to fire, evict, not serve and run over those on drugs and then we can talk about legalization.

[truthguy]

Bush’s fault. Really!

Yes, I did bio on this Judge and was surprised to discover she was appointed by George W. Bush. I was surprised because I expected her to be a Clinton appointee. I can't understand how anyone can oppose drug testing for anyone who is getting state assistance. Now you could make an interesting argument that we shouldn't have any public assistance. That's worth debating and I'm sure that Ron Paul and his supporters would be in favor of this. But if we are gonna have public assistance, then the minimum that we should expect is that the recipient be "clean" of illegal substances. That this violates someone "rights" is the height of idiocy. But seeing as this is the ACLU and another judge who has a high opinion of herself (maybe we ought to get them out of the black robes), I'm not surprised. This is insanity, plain and simple.

[cableguymn]

You can buy just about anything you want with food stamps. Soda, candy bars, chips..

Food stamp people live higher on the hog that most of us stiffs.

[GeronL]

So when someone driving a big rig using drugs drives through a day care center, you would not hold the company responsible? Do you really think courts, civil and criminal, will ever only blame the driver? No, they will always go after the “deep pockets”.

People who use drugs should be confined in a small colony somewhere far away from society.

[Cinnamontea]

In her ruling, Scriven said the testing procedure could cause irreparable harm to recipients.

How come people like this judge never think about the "irreparable harm" to taxpayers? To the decent, law-abiding, hard-working people of this country who work overtime to pay taxes for this crap? To the people pulling the flipping cart that almost HALF the country is now sitting in? To the people who've played by the rules all their lives and are now feeling like suckers?

[GeronL]

government sets plenty of criteria for recieving benefts, this is no different

[Ken H]

I like how drug warriors are suddenly all concerned about the Constitution.

The same expansive Commerce Clause that authorizes these federal welfare programs also authorizes you drug war.

Live with it.

[microgood]

the main issue here is that food stamps can be sold for drugs and are...go ahead and drug test them IF you are getting Tax payor monies.

Unless the Supreme Court further erodes the 4th Amendment to the Constitution, it is not going to happen. And I am OK with that because I value the Constitution more than I do finding druggies trading food stamps for drugs. If they can undermine the 4th Amendment, they can undermine the 2nd Amendment.

[goseminoles]

This isn’t about food stamps. This is tanf cash. Clinton signed this legislation. Thank god there is only a 4 year lifetime limit.

[Recovering_Democrat]

Horse crap. Impeach this idiot...she isn’t a legislator.

[headstamp 2]

Government to finance addictions, film at 11.....

[Joe Boucher]

curious how many druggies thus far have been thrown off the welfare rolls here in Florida as a result of these tests?

[Recovering_Democrat]

Florid news ping....will Pam Bondi appeal?

[truthguy]

It's not about whether it makes sense. It is a matter of whether it is constitutional. It clearly isn't under the current interpretation of the 4th Amendment.

Then we are doomed as a civilization when so many things that make sense are unconstitutional. Is our constitution that bad or are the interpretations that bad. Either way, a society cannot stand an infinite amount of stupidity even if someone (typically not that bright) in a black robe says that "it's unconstitutional". We will not survive this madness. I went to school with a lot of people who became attorneys and one who became a federal judge. I'm not impressed in the slightest and if these people are making the critical decisions by which we live then we are in real trouble.

You can pass a law that says it's illegal to rain on Tuesdays and even put it into the constitution but if mother nature wants it to rain on Tuesday, then it's gonna rain. So this is the problem with the American Legal System and why it is putting us into such a mess with crime and general stupidity on so many levels. It is also killing our international competitiveness. Will we survive our legal system? I don't know but I'm not encouraged.