Florida Judge Says Welfare Recipients Have More Rights Than Employed Americans

The state of Florida recently passed a new law requiring anyone receiving government assistance including welfare, must pass a drug test before receiving the benefits.

Since the law went into effect in mid-July, over 7,000 applicants have taken and passed the drug test, 32 took the test and failed and approximately 1,600 have refused to the test. Applicants do not have to say why they refused, but their refusal will block them from receiving the government benefits.

Each applicant has to pay $25 to $35 to take the test. If they pass the test, the state will reimburse them. If they fail, they tests fees are forfeited and they lose them along with the benefits for a period of one year, unless they pass a second test. If they fail a second drug test, they become ineligible for assistance for three years.

Not surprisingly, the American Civil Liberties Union filed a lawsuit against the new legislation claiming that it was unconstitutional and violated the rights of those receiving government benefits. They filed the suit on behalf of a single father and Navy veteran who is trying to complete his college education, but refused to take the test.

On Monday, federal judge Mary Scriven issued a temporary block on the Florida law. In her ruling, she said that the court needs time to determine if the law violates the Constitutional ban on unreasonable search and seizure.

I wonder if the ACLU or Judge Scriven have given any consideration to the thousands of American’s that are required to take a drug test to get a job and be subject to random tests to maintain their jobs. I know people who have had to pass a drug test just work in a dirty warehouse. If they are injured by any kind of accident, the first thing the company does is require them to take a drug test before seeking treatment.

One person I know was struck on the back of the shoulder by a heavy piece of merchandise that fell off a shelf about twenty feet above his head. Witnesses said he was just walking past on his way to lunch, but the management still insisted he immediately took a drug test. Where was the ACLU in this case?

Why is it legal and constitutionally okay for employees to be forced to take drug tests in order to earn the wages and pay the taxes used to provide the benefits when it may not be constitutional to insist on a drug test for those wishing to receive the benefits?

Tagged with

American Civil Liberties Union, drug test, Florida, lawsuit, search and seizure, welfare

THe Gizmo

Can you for a minute or two think, just think, what the repubs are and have been doing since The W was elected (actually it started with Reagan but that's a political and economic hot potato)? The repubs have, since President Obama was elected, rejected, opposed, filibustered, and said NO to everything President Obama has offered and proposed to better the lives of Americans and our image worldwide. The repubs fought universal health care even getting Lieberman to oppose the public option though he once campaigned on supporting it. The repubs voted against allocating money for securing the border even though they want more border security and at the same time said the government refused to finance border security. (two examples are Senators Kyle and McCain from Arizona who voted against the funding and then blamed the federal government for a lack of funding-crazy, but true) The repubs voted against the jobs bill even though they supported it before President Obama presented it. The repubs are against taxing the rich even though they were for closing the rich's tax loopholes. The repubs don't believe in God because President Obama does believe in God. The repubs are against the government entering or intruding into the lives of Americans but want to impose marriage and birth laws on the American families. The repubs are against all business regulations even though Greenspan admitted he was wrong in deregulating businesses. I can keep going on but the main theme of all of this is the repubs put themselves above all that America stands for: Life, Liberty, and the Pursuit of Happiness ONLY, ONLY, ONLY, ONLY, I can't say that enough times, so the repubs can make President Obama a one term President. IS THIS THE AMERICA THAT YOU WANT FOR YOU AND YOUR CHILDREN AND GRANDCHILDREN?
C raymond Rieckhoff

Norman Thomas Jr and his entire ACLU group should be given a drug test immediately. I am sure some of those idiots
must take drugs to come with some of the stupid Things they sue for.
Bill

This is what political correctness is all about. When 80 members of our house of representatives are members of the communist party, what more could you expect from he ACLU, they probably are too.
Nanc

Why not nix this once and for all get rid of all Welfare! Have a plan for displaced American taxpaying workers & vets period!
Michael Moldenhauer

This Judge, I guess we should call her that, has sure opened a can of worms. What is fair for one is fair for ALL. I guess all transportation workers, ie: Pilots, School Bus Drivers, Boat Captains(myself) are now, likewise, exempt from the same ghastly invasion of our privacy. When someone on the other side of the fence, the TAXPAYER, decides to take this to court, how will the equality pan out. I really think she needs to be tested, as it appears she is under the influence of some mind bending medication.
toogood61

C'mon now, this makes perfect sense if you have no common sense! This judge is probably the same caliber of judge that told me I didn't qualify for SSDI after I was permanantly injured in 2009. I was T-boned by a DUI woman talking on her cell phone and still have problems and I'm still fighting to get SSDI. As I was being denied my SSDI, a Mexican woman applying for assistance was getting approved for disability for her mentally challenged son, (can't say retarded anymore). The woman admitted she was a Mexican citizen as was her son, and still got approved! How do these judges and others making decisions for the rest of us sleep at night, knowing they are screwing the American tax payer?
agwisreal

Why is it legal and constitutionally okay for employees to be forced to take drug tests in order to earn the wages and pay the taxes used to provide the benefits when it may not be constitutional to insist on a drug test for those wishing to receive the benefits?

Because in one case it's an employer setting the requirement, and in the other case, it's the government. You can get fired for putting up a web page dissing your boss, but the government can't revoke your citizenship for putting up a web page dissing the president.

Governments have powers that employers don't have. Employers can't lock you up, or execute you, or conscript you. Because the government has so much power already, we have set up protections so it can't bootstrap that into unlimited authority. If an employer oversteps your bounds, you can, in the last resort, quit. It's not so easy to quit being a citizen.