Monday, October 24, 2011

Federal Judge BLOCKS Florida’s New Welfare Drug Testing Law


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

Judge Mary Scriven’s ruling is 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 protection against unreasonable searches.

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,” Scriven said.

The law’s proponents include Gov. Rick Scott, who said during his campaign the measure would save $77 million. It’s unclear how he arrived at those figures.

The rest of the article is available here

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