Skip to comments.ACLU Plans Lawsuit Over Welfare Drug Tests
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 ...
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.
how bout we stop providing welfare in florida
Of course. It's what they do.
Child abuse charges if you fail the drug test? Huh?
Where in the constitution is he granted a right to taxpayer-paid funds?
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...
The new law assumes that everyone who needs a little help has a drug problem, Lebron said Wednesday.
Ive been subject to drug testing in order to hold a job since 1985. I dont care. What I do care about is paying somebody to lay around all day doing drugs on my tax money.
I work for the VA...I had to pass a drug screen to be hired and am subject to random tests anytime HR wants.
You want MY money, then you gotta piss in the bottle. Exceptions will be given for people who are prescribed opioids.
They will lose this one.
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.
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?
Ditto, had to pee in a cup to get off un-employment and get back to paying taxes to support those not working.
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.
If a test is positive for a substance but there is a legal, legitimate prescription for the substance, it's considered a "clean" test.
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.
Florida big news ping!
Gawd I am sick of these people.
Don’t want to pee in the cup, don’t ask for taxpayer’s money, end of story.
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.
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.
The only thing wrong with this law is that it doesn’t include PRESENT welfare recipients. I’ll bet at least half would flunk!
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.
I sure hope you're right.
I'll believe it when I see it.
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.
The ACLU is a Communist front organization. See their charter. That’s all one needs to know.
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.
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.
Welfare isn't a right.
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...
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?
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.
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.
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.
Welfare Drug Tests a.k.a. Urine the Money!
Last sentence sums it up quite well, IMHO.
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?”)
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.........
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.
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.
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.
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!
Picture me smiling, FRiend.
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)_______________________