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ACLU Files Suit Over State Employee Drug Tests
June 2, 2011
Requiring job applicants take a drug test and randomly selecting current public employees to do the same is unconstitutional, attorneys for the American Civil Liberties Union said Wednesday after filing a federal lawsuit to stop the practice ordered by Gov. Rick Scott.
In what is expected to be a series of lawsuits on recently passed legislation and gubernatorial edicts, the ACLU called on a federal judge in Miami to immediately suspend an executive order signed by Scott in March that requires all agencies to set up random drug testing protocols for existing workers and require new hires to submit to drug tests as a condition of their employment.
In doing so, Scott has not only pushed the envelope over who can be tested, but has acted counter to multiple court rulings that require some probable cause or special circumstance before drug tests can be administered, Peter Walsh, an attorney representing the ACLU, told reporters Wednesday.
“This is a case in which the office of the governor has ripped the envelope apart,” said Walsh.
A spokeswoman for Gov. Rick Scott responded that Floridians overwhelmingly support drug testing for state workers. She said the governor, who has required testing for new hires since he took office, is confident the executive order will withstand court scrutiny.
“There’s an odd hypocrisy here,” said spokeswoman Amy Graham. “The ACLU supports all kinds of mandatory disclosures by public employees, but not the most important disclosure – whether or not they’re fit to be in the workforce.”
Scott signed the executive order March 22, giving agencies 60 days to begin testing new hires, an increasingly common practice in the private sector. Agencies must give existing employees another 60 days notice before beginning random tests.
“The taxpayers of Florida are entitled to expect that Florida’s public-sector employers be provided the same tools that are now available to private-sector employers to ensure their workforce is drug free,” the executive order reads.
The ACLU filed the case on behalf of the American Federation of State, County and Municipal Employees Council 79 which represents 50,000 public workers who are now subject to the new drug-testing regime and Richard Flamm, a 17-year state employee and Research Scientist with the Florida Fish and Wildlife Conservation Commission.
“It is an unnecessary and costly invasion of the basic privacy and dignity of all state workers to force us to submit to tests of our bodily fluids with absolutely no just cause,” Flamm said.
The suit contends previous federal court decisions have clearly ruled that that some type of suspicion or a genuine public need must the proven before drug tests can be required without cause.
“The Supreme Court of the United States has held that suspicion-less drug-testing by the government is an unreasonable search (in violation) of the Fourth Amendment, except under certain special circumstances, such as those involving employees in safety-sensitive positions where there is a concrete danger of real harm,” the lawsuit reads.
The complaint is expected to be followed in the weeks ahead by other lawsuits in an attempt to overturn “a tsunami of anti-civil liberties legislation” passed by lawmakers during Scott’s first few months in office dealing with abortion, elections, and free speech issues, said Howard Simon, executive director of the Florida ACLU.
Scott on Tuesday signed another drug testing measure into law. It requires applicants to pass drug tests before they collect temporary cash assistance. In addition, the Republican-led Legislature passed a handful of controversial measures dealing with elections, doctor-patient conversations and abortion, all of which may be targeted for legal challenges.
“This has to be stopped here,” Simon told reporters Wednesday. “There is a concerted attack on the personal freedoms of all Floridians.”
By Michael Peltier
The News Service of Florida
Comments
18 Responses to “ACLU Files Suit Over State Employee Drug Tests”
REGARDING:
“You all act so republican small government, and all that crap but you want government to control some people just not you.”
I’m pretty sure denying employment and benefits to drug users would result in smaller government–fewer people involved. Further, it wouldn’t be taxing people to throw their money down a rat hole of drug abuse.
Consider the humanitarian tack: users needing help will have to give up harmful drugs. If they give up harmful drugs, they are less likely to need assistance–because they’re more likely to be able to get and hold a job–and be healthier.
Conversely, if they use the money intended to help them for drugs, the government is paying for their destructive behavior. That’s not very neighborly. is it?
I’m not a Republican but can see a case for the testing.
Interesting contrast, assuming all non Republicans are Democrats is also assuming all Democrats want drug users to be able to draw public benefits even if it kills them. Surely not all of us Democrats are so cold-hearted.
David wondering
Kathy,
Sit down, roll one up and chill for a while.
If you are going to take their money, be it by paycheck or handout, you have to play by their rules. We all have to give some to get some, thats life.
Oh yeah, the 60 year receptionist at the dept of commerce is going to make you unsafe. The typist at AHCA is going to hurt all of us and make us unsafe. Once again you claim to be small government lovers but you want drug testing for everyone which is not cost effective or even intelligent.
The ACLU is a bunch of losers, protecting losers. They should be sued and disbanded for all the wrongs they have committed against the general public. Get a life, get a grip, and get over it.
It has nothing to do with anyones privacy or rights. It has everything to do with the cost of operating and safety of the employees and pubic being served. Dopers and drunks have and will have increasingly more medical issues, than the remainder of the population. This drives up the cost of group medical insurance offered by the state, county, and/or private enterprise. They also take more sick days, driving up the cost of operation, as they usually still get paid and the work doesn’t get done. One who is impaired (high or hungover) is far more likely to have an accident, causing injury to their self, a co-worker, or an innocent bystander. Again driving up the cost of operations via lost time, emergency room cost, workers compensation, lawsuits and/or settlements.
It is about money. If a business is to stay in operation, they must minimize expenses and maximize profits. The state is no different. The states business model may not include profits, but they still have to minimize expenses to maximize services. The savings incurred as a result of a healthy, safe and productive workforce, far out weigh the cost of drug testing.
I have a good private sector job and I am willingly to and do pee in that cup every time I am asked to. If you can’t handle it, you can always haul scrape metal, hang sheet rock, dig ditches or whatever job you can find that doesn’t require a drug test;
BPD for a safe and productive workplace
When mandatory drug testing was instituted for the military in 1985 (along with HIV testing), we heard no hue and cry raised by the ACLU or anyone else. I had no problem with it then and have no problem with it now. Too bad the ACLU has long since lost any true credibility.
Hang in there Gov. Scott.If you never step on toes you aren’t going to accomplish very much. Maybe when you get the State of Florida cleaned up you can go after the ACLU.
Kathy: Good for you, I never thought of it that way! Yes I am a government employee and I am so tired of people saying “they pay my salary”. It is usually said by an individual when they are not getting their way. So yes – - all of Wal Mart, Sales Clerks, Office Workers, Plumbers, etc. etc. I pay your salaries too! And in case you are wondering, I had to have a drug screen to get my job.
Perhaps the issue is the right to privacy, the right to determine who gets your bodily fluids and for what purpose. If you allow business to determine your privacy that is of your concern. I agree that state employees and those applying for benefits should not have to submit to a urine test. You all act so republican small government, and all that crap but you want government to control some people just not you. By the way we all pay for your salary if you work for a business, you must sell or do something for someone? Two faced!!
To all the government employees and public assistance recipiants: I work in the private sector and have been subject to drug screening as a condition for employment and random drug screening to maintain that employment for over 25 years. This means I pay your salery and am FED UP listening to you complain
about having to follow the same rules as the private sector. Most of the state agencies would be more cost effective and efficient if they were subjected to these rules anyway.
ACLU is a money hungry groop of bums. Drug testing is to the benifit of all of us its protects us from people who arn’t responsible. The drug testing is also a cost cutting measurement for the insurance that we pay to have a respectable business in this state.
Well, I receive FS and will be more than happy to submit a urine sample. I did it in the military and I had to do it for my job today so no biggy. Maybe this will weed out those who are abusing the system.
As for the ACLU, do they do any good? Are they really Americans? I wonder if there has been a News story on the ACLU?
God bless!
All state employees should be drug tested including our wonderful politicians. in fact Scott should roll up his sleeve setting the example.
There are valid constitutional questions when random drug screenings are conducted without suspicion. Putting that aside, though, I would like for the governor to remove his drug screening company, Solantic, from any state contracts to provide this service. He transferred control of the company into a blind trust in his wife’s name back in January.
The fact is that Solantic stands to profit handsomely from Scott’s very costly new drug testing program. Put your politics aside. Whether you are a Republican or Democrat or neither it shouldn’t matter. This governor is in office to enrich himself and for no other reason. Floridians should unite with a demand that he recuse his company from the testing program and force a constitutional amendment introducing the recall for elected officials in Florida. Scott should be the first victim.
Well I knew that ALCU would put there two cents in this. The way I look at this is if you are not doing drugs, what is the big deal. This is our tax dollars at work and they should be DRUG FREE.
When I was active duty military we were tested routinely, what is the problem? If you cannot afford to eat, you cannot afford to get high, does the ACLU have an agenda here, a hidden one?, as usual.
Will Scott submit random drug tests ? If anyone should see him out, just chase after him with a pee cup for a sample
personally, i like working at a job that supports a drug-free workplace…too bad that the ACLU doesnt support that ethic, as well….so unAmerican!