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calendar   Tuesday - October 25, 2011

The Usual Lefty BS

Florida: Judge Blocks Drug Test Law For Welfare Recipients

Funny, drug testing is OK for people seeking employment. Why is it not OK for people seeking government help instead of employment?


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A federal judge temporarily blocked Florida’s new law that requires welfare applicants to pass a drug test before receiving benefits on Monday, saying it may violate the Constitution’s ban on unreasonable searches and seizures.

Judge Mary Scriven ruled in response to a lawsuit filed on behalf of a 35-year-old Navy veteran and single father who sought the benefits while finishing his college degree, but refused to take the test. The judge said there was a good chance plaintiff Luis Lebron would succeed in his challenge to the law based on the Fourth Amendment, which protects individuals from being unfairly searched.

Personally, I’m against drug testing as a hurdle to getting employment, so I guess I should be against it for getting a handout. I am in favor of it in the workplace when there is actual cause. Not sure where I fall for the random on the job tests (probably against) or for it’s use in scholastic athletics (against) or for it’s non-use in professional athletics (for). But it has been a de facto aspect of getting a job for at least 18 years now.

The drug test can reveal a host of private medical facts about the individual, Scriven wrote, adding that she found it “troubling” that the drug tests are not kept confidential like medical records. The results can also be shared with law enforcement officers and a drug abuse hotline.

“This potential interception of positive drug tests by law enforcement implicates a `far more substantial’ invasion of privacy than in ordinary civil drug testing cases,” said Scriven, who was appointed by President George W. Bush.

The judge also said Florida didn’t show that the drug testing program meets criteria for exceptions to the Fourth Amendment.

The injunction will stay in place until the judge can hold a full hearing on the matter. She didn’t say when that hearing will be scheduled.

More than two-dozen states have also proposed drug-testing recipients of welfare or other government assistance, but Florida was the first state to enact such a law in more than a decade. Should any of those states pass a law and face a court challenge, Scriven’s ultimate ruling would likely serve as a legal precedent.

Ok Florida, don’t be a hoser. Figure out how the corporations get away with it, and follow the same process. Maybe they don’t get the detailed results back from the testing companies, just a Yes or No answer. If that’s the case, then re-write your bill and have just that part - the answer - accessible to police when they have a warrant. Or don’t even bother. It’s not like the police have nothing else to do; busting junkies and pot heads is so far down their list that it comes in lower than investigating bicycle theft.

Earlier this year, Scott also ordered drug testing of new state workers and spot checks of existing state employees under him. But testing was suspended after the American Civil Liberties Union also challenged that policy in a separate lawsuit.

Nearly 1,600 applicants have refused to take the test since testing began in mid-July, but they aren’t required to say why. Thirty-two applicants failed the test and more than 7,000 have passed, according to the Department of Children and Families. The majority of positives were for marijuana.

What what what? The ACLU got the testing suspended for government workers? Where the hell were they in 1992 for the rest of us, the bastiges???  And of course most of the positives were for pot. The test - at least the urine test - is pretty flawed because all the really hard stuff flushes out of your system within a couple days. Only reefer leaves a trace that sticks around for months. That’s why they should use the hair test like so many employers do. That one can spot your drug usage going back months. And it would make finding the welfare druggies real easy too. They’d be the people walking around completely hairless, with shaved heads, waxed bodies, and no eyebrows.

Looks like another one of Bush’s compassionate conservatives is either a closet liberal or a strict constitutionalist. I’d like to believe she’s a constitutionalist, but what I’d really like to see is Florida writing a law that can pass muster. Or a federal level decision throwing out all drug testing as an employment/benefits condition. Isn’t there something in that old document about being under duress?


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Posted by Drew458   United States  on 10/25/2011 at 08:37 AM   
Filed Under: • Democrats-Liberals-Moonbat LeftistsJudges-Courts-Lawyers •  
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