Monday, October 24, 2011

Florida's Welfare Drug Testing Halted

A law in Florida would have required anyone on welfare to submit to drug testing. The law, however, was blocked by a Federal judge.

Gov. Rick Scott, who signed the measure into law on May 31, touted it as a way to ensure taxpayer money isn’t “wasted” on those who use drugs. “Hopefully more people will focus on not using illegal drugs,” he said then.

But, in her order, Scriven issued a scathing assessment of the state’s argument in favor of the drug tests, saying the state failed to prove “special needs” as to why it should conduct such searches without probable cause or reasonable suspicion, as the law requires.

“If invoking an interest in preventing public funds from potentially being used to fund drug use were the only requirement to establish a special need,” Scriven wrote, “the state could impose drug testing as an eligibility requirement for every beneficiary of every government program. Such blanket intrusions cannot be countenanced under the Fourth Amendment.”


This is one of those things you'd expect the people who crafted the law to maybe give some thought to before drafting and passing it. Maybe, just maybe, being poor isn't reason enough to force needy people to piss into a cup.


But then again, that is the kind of mentality that views being impoverished as a crime. This is what they spend your tax dollars on.

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