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ACLU Files Suit Over Welfare Recipient Drug Tests
September 8, 2011
A new Florida law requiring applicants to pass drug tests before getting temporary cash assistance from the government amounts to unconstitutional suspicionless searches, the American Civil Liberties Union said Wednesday after filing a suit in federal court to shut the program down.
ACLU representatives, lawyers and a 35-year-old college student who refused to take the test said the new state requirement stigmatizes low-income recipients. The suit was filed late Tuesday in the federal district court in Orlando.
“The new law assumes that everyone who needs a little help has a drug problem,” said Luis Lebron, a University of Central Florida accounting undergraduate who is the lead plaintiff in the class action lawsuit. “It’s wrong and unfair. It judges a whole group of people on their temporary economic situation.”
As of July 1, new applicants for temporary government assistance through the program known as TANF, or Temporary Assistance to Needy Families, were required to pay for a drug test. If the test comes back negative, the fee is repaid by the state. A positive test bars the applicant from receiving benefits for a year.
The ACLU lawsuit seeks to nullify the law. The group, which includes the Miami-based Florida Justice Institute, also filed a motion to stop the testing of recipients until the court rules on the constitutionality of the law.
A U.S. Navy veteran, Lebron is a single, custodial father who is scheduled to graduate in December. He was denied benefits when he refused to take the test, which costs between $25 and $45. Eight counties have yet to establish certified test sites.
Backers of the measure, including Gov. Rick Scott, say private businesses have been requiring such tests for years and government should be no different. A survey released Wednesday by the Drug and Alcohol Testing Industry Association, a trade group for testing companies, found 57 percent of employers conduct drug tests on all job candidates.
“It’s important we make sure taxpayer money isn’t going to help pay for someone’s drug habit, but that the money is going to help the children for whom it was intended,” Scott spokesman Lane Wright said Wednesday in an email. “That’s what this law does.”
Wright said the federal government has allowed states to test for drugs, a sign that the courts will back Florida’s plan.
Critics argue that recipients are being singled out based on a myth that poor people are more likely to use illegal drugs. They point out that other government programs such as student loans, food stamps and business grants do not require recipients to be screened for drug use.
So far, state says only 2 percent of recipients have tested positive for illegal drugs, a failure rate that is below that of the general population. A 2009 study by the U.S. Department of Health and Human Services found that 8.7 percent of Americans age 12 and older reported using illicit drugs.
“It’s an ugly public policy based on stereotypes and talking points,” said Howard Simon, ACLU Florida, executive director. “We’re not the only state to be trading in these ugly stereotypes and talking points, but we are the first state to enact the legislation.”
The U.S. Supreme Court in a 1997 decision threw out a Georgia law requiring candidates for state office to certify they had passed a drug test. In 2000, a federal court in Michigan threw out that state’s attempt to require all welfare recipients to be tested.
“Things that may be appropriate in the private sector are impermissible when done by government,” Simon said.
By The News Service of Florida
Comments
40 Responses to “ACLU Files Suit Over Welfare Recipient Drug Tests”
Requiring people to undergo drug testing when they apply for food stamp may seem like a good idea, but it also denies food to children. children are the true victims in the system, and the government should not tie drug testing to a basic need like food.
I agree with many of you people who say that yall dont want to pay for drugs for others and if my job does drug testing why cant assistance but it not our self’s we need to be thinking about it the kids that need to eat. The children can’t tell their parents to stop doing drugs and it sure isn’t their fault so we need to start thinking about the kids. I read alot of yalls comments and articles but everything i read is always about you as a person and what yall want but that’s not the point we need to worry about.
Are they scared, do they have something to hide, if they dont have to then why should we that have jobs have to do it.
I want them to be drug tested so that I know that the government money they are getting is not being used so they can get high and instead buy things their families need like food.
In regaurds to Working man on September 8th, 2011 3:07 pm I think these people should not only take drug tests but have to do community service for their finical aid. I am subject to a random drug test on any given day. Why should these people feel violated. Also if I don’t work I don’t get paid. Our country has been overtaken by a sloathful spirit. It is sad really. The people who receive fininical aid in this country has more than doubled in the past two years. I have heard people say that if they can’t get a $10 an hour job they will just stay home and draw their penny’s. What has our society come too.
I agree 100% if you draw a check you should have to work for it; pick up trash, clean up parks, and cut grass etc. Why should we pay for drugs? And I’m not saying everyone that is on welfare don’t have a job or is a dope head but the ones that don’t work can do something and a drug test has never hurt anyone unless your on drugs. I don’t have a college degree and I don’t come from money and I work over 40 hours a week to draw my check and take random drug tests to support my family. And for the aclu GOD BLESS AMERICA and the US SOLDIERS that DEFEND OUR COUNTRY so you can have FREE speech and file STUPID lawsuits like this.
REGARDING:
“Funny how so many people will push for this kind of stuff then turn around and call themselves “libertarians” ”
I don’t know for sure, but I doubt libertarians want to force others to pay taxes to support drug users, where’s the liberty in that when people are being forced to support the actions of others?
Personally, I ‘d allow anyone to use any drug he wanted but that doesn’t mean I would pay for his support or want to share the road with him. I would certainly prefer he not be doing so while pretending to care for small children.
David for liberty for all,
not just druggies
This makes me sick! Let me lay up and pop babies out for deadbeats! Half the time they do not even have a clue to the father’s identity! I see people use it to buy cigarettes,gamble,and drink.Go to an ATM and get cash! Drug test them and tie their tubes to stop them from having kids they cannot pay for! I work hard.I send my child to private school with no help from the government! They want my money, DRUG TEST! If you work and qualify for help,by all means you are welcome. If not, GET A JOB!!!!!! Then you will not have to be drug tested for your gov check!
I am against drug testing period. I don’t care if its for welfare, courts, or for a job. These tests are flawed. If you know you’re being tested you can cheat. There are thousands of detox products that will produce a false negative. Not only that the harder drugs don’t show up in urine, cocaine is out of your system in a matter of days while marijuana shows up for weeks. What you do at home is your business. If you are not hurting anyone by doing so you should be left alone. Funny how so many people will push for this kind of stuff then turn around and call themselves “libertarians”
Why is nothing said about dead beat parents that will not pay child support? I understand people are mad about giving money to people in need, but this is not a fair law the part that makes me not agree with it is DCF will make child abuse charges for failing a drug test , why not offer help? the courts are full of cracked out parents on drug court getting help some for over a year noone cries about tax dollers going to that. so far these parents getting cash from the state look for jobs get help with aplications and we as people dont won’t to help for a few months not all of these people sit and do nothing because you can not unless you have a medical problem but keep in mind that people have applied for SSI. Also if for some reason the courts make the dead beat parent pay child support it go back to the state to help pay the money back. Drug testing is not the answer our crazy gov. will probably punish these people for proscibed meds. just think about if this was you do you want them to know all of your meds.
I fully support the drug testing. Additionally, any person receiving ANY kind of government assistance should also have identifying marks on an ID card – this will eliminate alot of things also. If you qualify for government assistance, then how can you buy lottery tickets, cigarettes, alcohol, and [sometimes] pet food? I have seen many times people at the grocery buying choice cuts of steaks only to be informed by them that they are for their dogs!!!! Yes, one lady told me that her family doesn’t eat red meat so they buy the steaks and cook them for their dogs. OMG – we buy cheap cuts of meat. If I have to pass a drug test for a job to support my family, then why don’t others have to pass a drug test to live off of OUR money? I had to get emergency food stamps once when my spouse left me with 2 small children, took the car, unhooked the phone, and I did not have a job. I don’t degrade anyone as there are legitimate people having to resort to government assistance.
First, a US Navy Veteran should be use to providing a urine sample for a drug test. Many times a month, the military are required to provide this as commanders test random groups of people on bases across the world. At 35 years old, he should be aware of this. He is not complaining about getting his government assistance for school. Either with the Montgomery GI Bill or under the Post 9/11 educational benefits….his school and or additional housing allowance were provided to him tax free. Now he wants to buck the system that has provided him first a job, then an education. A drug test is required for most jobs. A drug test is required on many positions, from unskilled labor jobs at Wal-Mart, Target, and McDonalds to professional positions around the world. I believe that all people should give a test for all government assistance, whey you apply and renew your driver’s license, even a government back home mortgage. If you have nothing to hide, then you have nothing to worry about. The government is not singling out low income; it is just the easiest place to start with any established government program.
Dave as sad as it is, you are probably right!!! There is no way to beat drugs, booze and just pure lazy, oh yes and free money.
Why doesn’t the ACLU support EVERYONE? I’m so tired of having to be politically correct and proper so that no one is offended. Pepsi took “in God we trust” off thier 9-11 memorial cans because they might offend non-Christians? We can’t use certain words (not just the “N” word either) because we might offend some one. Enough already. How about they defend my right to practice my religion, in public, at school, where ever I choose? What about my rights to not pay for a drug addict. I could go on, but you get the point. Wish I was a lawyer so I could slap them with a law suit for infringing on my rights as a White Middle Class Woman Bapist Christian. I’m tired of apologizing for being what I am. I don’t expect anyone else to be anything but what they are, but I want to be who I am too. Ok, off the soap box, going to bed.
I see everyone’s point on this matter, and I also feel that they should be drug tested. But this will not save the taxpayers any money. What is going to happen is, You fail a drug test, get your funds suspended for a year, need to go to rehab, Gov. steps in and pays for rehab while putting you back on funds. This will hurt the tax payers more than help them.
I agree with the person that said: I get random drug tests so the money I earn can get taxed to support people on public assistance.
I work for a living and don’t mind one bit being randomly drug tested, I don’t consider it a violation of my privacy either mostly because I have nothing to hide.
I’d love to not have to work to pay my way in this world and if a drug test was ALL I needed to do to get free money then dang…where’s my specimen cup?
I have to take a drug test to get a job to get paid. Everyone else should have to take a drug test to get paid. If you tell your employer no to a test you get fired, its that simple. Plus it should keep people on track when they get a job interview.
@to JUST SAYING
Test us all, start with the president and go down to the bum on the street, who cares if you got nothing to hide. I don’t know about the other working people in this country, but this working person is tired of working 6 days a week (AND TAKES A DRUG TEST EVERY FEW MONTHS) to just get by, while others wants it handed to them and heaven forbid you want to get in their personal life. These same people that get all this assistances, takes drugs, sits on their behind and waits for their checks to come. Then to top it all off, after they get all this other tax money, then they file income tax’s and gets $4000.00 to $5000.00 back on taxes and never WORKED a day in their life, just because they have children and don’t even take care of them. What a disgusting situation our government as created!!!!!!!!!!!!!
Well when i drove a truck I had to be random tested,still do,so whats the big deal and no a drivers license is not a right it is a privilege.Oh I guess the American criminal liberties union has not heard of this yet
I need the ACLU to represent me at work because I dont want to take a drug test so I can work to support the recipients of my tax dollars, oh yea i for got I made a choice to work for a living. They can make a choice to take a test for assistance. I was in th egrocery the other day buying store brand items, ramen noodles and hotdogs to feed my family, the lady in front of me has t-bone steaks, ribeyes and all name brand crap sodas, etc… and uses her assistance debit card to pay for it and walks out and drives off in a new caddilac, I drive an 11 year old car, where is the fairness in that? This country is screwed up and needs a reality check and this is one test them till it hurts.
I think these people should not only take drug tests but have to do community service for their finical aid. I am subject to a random drug test on any given day. Why should these people feel violated. Also if I don’t work I don’t get paid. Our country has been overtaken by a sloathful spirit. It is sad really. The people who receive fininical aid in this country has more than doubled in the past two years. I have heard people say that if they can’t get a $10 an hour job they will just stay home and draw their penny’s. What has our society come too.
I had to take a drug test in order to EARN money. I am subject to random drug tests in order to keep EARNING money. So…..people getting money, goods and services that they have NOT EARNED should have to take drug tests too!!!!!
All of this is academic. The subsistance aid programs will soon be bankrupt, along with everything else. Mr Geithner, Mr Bernanke, please do not print more money.
actually, i think that i DO agree with “im just saying”….(as well as about 97% of the other posters)….if all recipients of government assistance, financial aid, fed/state grants, govt loans and tax break recipients, etc. were tested before getting the benefit, well…..i guess that the good ole ACLU couldnt cry “discrimination” ?!?!……in addition, it would certainly require more drug testing companies to be created, which in turn would be a great “job stimulous” project…we all want JOBS, JOBS, JOBS!! right?……yep, i think thats a great idea!
I submit that some people are poor because they use drugs. Probably the reason the guy refused to be tested is because he had drugs in his system. We need to stop giving a handout to people who use drugs because that is what they are spending the money on. This is one of the best laws Florida ever passed. Keep testing!!!
@I’m just saying….
better yet, legalize it all sell it at stores taxed 10x more than cigarettes and alcohol which are the real killers! Take the billions used in the war on drugs, drug testing, and spend a 3rd of it on rehab’s and treatment centers, and the other 2/3rds could help people with food, housing, AND line the pockets of politicians and state officials, plus pay off our national debt.
We all know the war on drugs does not work, and hasn’t worked since the early 70’s. Everyone is addicted to something, and if you take it all away guess what, they (other people) will find something else to escape with and get addicted to.
It’s just big business to keep people repressed, strung out, in jail, states getting millions for police forces to fight drugs, just say no programs, public service announcements, locking up drug users (who aren’t the bad guys, dealers, and suppliers are if you want to get technical, and most aren’t even in our country).
In my opinion, what’s good for one group getting public assistance, is good for them all. Drug test those applying for welfare. Drug test those applying for state funded grants and scholarships. Drug test those business owners applying for tax breaks. Drug test those applying for homestead exemption taxes. Where would it end? It’s really not fair to single out one group because of public perception.
The people of ACLU should be tested for idiocy. Taking a blood test to receive aid does not stigmatize anyone. When an applicant applies for Food Stamps, are they not asked to prove they need them with receipts of income, bills, etc? Using these morons parameters, we should just have a desk where everyone can go apply without any proof because after all, it is an invasion of privacy to have to prove where we live and our monthly output. As a matter of fact, from now on when I’m asked my name by anyone or asked to show my I.D., I will tell them no, that is an invasion of privacy…..and if they refuse me services, I’ll call the ACLU to start their Nazi ball rolling.
Anyone refusing a drug test is afraid of the results and does not deserve our tax dollars.
yeah I was waiting for the ACLU to step in on this one…
Okay, so your saying its unfair to drug test people because were supposedly putting all people who need a little financial help into the same ”drug abusing” group? Well, is it fair for tax payers to have to pay for all the “supposed drug heads” that ARE in fact drug heads that are abusing this system? Nope, I sure didn’t think so. IF YOU’VE GOT NOTHING TO HIDE TAKE THE DRUG TEST AND SUCK IT UP!
We are supposed to be a nation of laws. The ACLU uses the law regularly, in a
twisted kind of way, to insure the “freedom” of people who live in this country. This reguardless of their citizenship or their obediance to American laws
.Drugs are illegal so they, the ACLU, should agree the government should not
be required to enable drug users to use drugs with government funds. The suit
has no merit and should be thrown out by the courts.
It is not assuming that all people that need a little help does drugs, I had to take a drug test to get my job and they do random drug test, but noone has a problem with that saying “You think I work, I have a drug problem”… GET REAL FOLKS!!! We work for our money and have to be drug tested, if you don’t have a job and you need assistance there is nothing wrong with having to be drug tested to be given money!
No doubt you are the same people who falsely charge President Obama with being a socialist, all the while you have the Florida Republican Governor, house and senate agreeing to violate basic human rights to privacy, and truly acting as socialist. No one committed a crime, they are just some folks who need a little financial assistance. It violates each persons right to privacy, the private industry that forces you to be drug tested also violates your right to privacy, you let them do it to you. This is crap talking about if your not doing drugs why do you care. You care because the system is forcing you to give up something,(privacy) with no suspect of illegal drug use. Read the paper so far it is less than 2.5% of the people tested that indicated drug use. It is illegal and disgustingly stupid to assume if you need assistance you are a drug abuser.
My suggestion to this problem is……Let the ACLU hand out checks to support all the dead beats that dont want to comply with the drug screen test. Yeah…that is a great idea. Get my point???? Let corruption support corruption.
This situation has nothing to do with a redneck mentality or stupidity, we are losing our civil liberties every day and our money to. No one ever said these people need to be in mental institution, a drug rehab maybe! If anyone out there thinks that only 4% of welfare receipents could not pass a drug test, I don’t know what world your living in. It would be more like 30% that could not pass a drug test . I am sure this will be stupid and redneck but 2nd Thessalonias 3:10 says those that don’t work don’t eat and this was by a man that laid down his life for the love of people. Exdous 34:21 work 6 days and rest on the sabbath. The problem is that people had rather let someone else take care of them while they party it up. I am not talking about the POOR, I’m talking about the SORRY!!! ( AND THERE A DIFFERENCE)
What is the problem with taking a drug test? If you are clean, then no worry, if you are taking and illegal drug, you should stop and use the money for what it was meant for, food , shelter, water. If you wish to take money from some one that you have not earned, then there must be conditions. Be sides, it will help you get ready for the real world where they do drug test for employment.Welfare is suppose to be temporary help, not a life time career .
As others have said, I have to give a drug test at my work before I got hired and whenever they want it again and have no problems with it because I want to keep my job. I also collect Food Stamps and am more than happy that they have created this law. Maybe it will stop the abuse of the system, which I know for a fact it is happening. How I know? When I worked at a local convienent store I had a man come in and buy cigs, beer, lottery, and some chips. He then paid cash for everything except the chips because he used his Food Stamp card to purchase them. THEN THEN I saw him get into his hummier and drive away. Yeah I am glad they started this law. ACLU, sit down and shut up! You are one of the problems that America has. The End!
ok here we go why is it ok to punish (tax) the majority (to pay for drug tests) because of the few (4% of welfare recipients who can’t pass the drug test). People you are not cattle directed by the latest political agenda, wake up, your civil liberties are slowly being taken away from you. The redneck mentality of ” I test so why don’t you have to test too ” is what they are playing on. Show them you aren’t as stupid as they think.
Hitler rounded up the gypsys and marched them to the ovens , then he went to the mental institutions and rounded up all the mentally ill, he rounded up all the mentally handicapped. Eventually he sent millions of people to the ovens. Stand up for freedom and your liberty.
Incidently, I work for a company that does not drug test, if you get hurt you test at the hospital. If anyone of us is sure that something is wrong with a co-worker then it’s addressed on an individual basis.And by the way the only time I have seen a situation arise is because of someone who was drunk. You have to remember that the rest of the country is slowly but surely working on legalising pot and if you are really willing to be a socialist country then get ready to have drug addicts/addiction controlled by the government and YOU WILL PAY FOR THAT. They do it in England, the junkies have legal scripts for their dope. HAHA apparently they do here too, least wise untill someone gets tied to a chair and shot up untill dead.
Just pointing out the obvious………
I did not see anywhere that the state was using the results to put anyone in jail. If so then the ACLU might have a point. Yes, more poor people use illegal drugs. They do not have the money to buy the legal drugs that rich people do.
Tom is thinking that our country might be safer with a more balanced budget if a civil rights lawyer is jailed or executed every month.
They say that this test is against the poor!!! Well then I should not be required to take a drug test at my job approx every few months. I have to take a drug test to be able to work, to earn the money, that is paid into the government, to pay all these people who do not work, So if they are going to get my drug tested money, then they should have to take a drug test to get it. In fact I believe that anybody who recevies government support should be tested. I am in a position to see people who receive monies from welfare everday, who is high, drunk and do not take care of their kids. If I was hungry and had no money I’d gladly take the test. People rob, deal drugs and everything else, but they can’t be tested, HA!!!!!!! I am all for helping those that need it, but 100% against free loading, sorry, lazy humans.
Get over it, ACLU. The American taxpayer has had enough. You want subsidies? Then be prepared to adhere to certain stipulations in order to get those subsidies. You want a job? Then be prepared for possible drug testing. Now in Escambia County–you want to play some kind of sport? Then be prepared for a possible drug test. Do you want to take your brand new baby home from the delivery room? Then be prepared for a fight if there are signs of drug usage. It’s my understanding that this same push is heading for the food stamp industry as well. This is a great idea! ENOUGH IS ENOUGH! If you can’t stay clean, do it on your own dime.
I work and pay taxes! I have to submit to random drug tests! Why shouldn’t they?They want to get tax dollars,fine!As long as they pass the drug test! If there is nothing to hide, what’s the big deal?Some welfare recipients scared they may actually have to use it on the kids for a change?!