Federal Judge Strikes Down Florida’s Welfare Drug Tests by Niki2

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Federal Judge Strikes Down Florida’s Welfare Drug Tests

POSTED BY: NIKI2
UPDATED: Monday, January 6, 2014 21:47
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Thursday, January 2, 2014 12:57 PM

Gettin' old, but still a hippie at heart...

In 2011 Florida passed a harsh law that not only required people on welfare to pass drug tests, but also required them to pay the $25-$45 fees for the screenings. The state’s GOP Gov. Rick Scott had made drug testing a central part of his campaign platform. US Navy vet Luis Lebron — a single dad and college student with a four-year-old son — refused to take the drug test and was denied Temporary Aid for Needy Families (TANF) benefits. He sued the state with help from the American Civil Liberties Union (ACLU), and the court ordered the state to suspend the law. The 37-page opinion stated that testing urine for drugs “unreasonable searches” that violate people’s fourth amendment rights. The court also scolded the state for ignoring data that proves TANF recipients are no more likely to take illegal drugs than anyone else.

The church-going Navy Vet with the cute and well-behaved son impressed folks in the courtroom and told reporters:

“The new law assumes that everyone who needs a little help has a drug problem. It’s wrong and unfair. It judges a whole group of people on their temporary economic situation.”

Still, Gov. Rick Scott and the state of Florida refused to give up on their drug testing for welfare program and took things up with a higher court. He claims that TANF recipients should take drug tests because they’re supposed to be looking for work, and many companies require drug tests. But on Dec. 31, US Federal Judge Mary Stenson also struck down the law ( http://www.nytimes.com/2014/01/01/us/florida-law-on-drug-testing-for-w
elfare-is-struck-down.html?_r=0). Since the law was passed, only 2.6 percent of people on TANF in the state of Florida have tested positive for using illegal drugs. This is a lot like what happened in the state of Utah, which spent over $30,000 to drug test over 400 people on welfare, and found that only 12 of them were using. Meanwhile, a 2009 US government survey found that 8.7 percent of the general population takes illegal drugs.

But of course Gov. Rick Scott says he’ll appeal Hon. Judge Stenson’s ruling on drug tests for welfare.

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Thursday, January 2, 2014 1:27 PM

BYTEMITE

It's arguably worse in Utah, because the motivation behind the law is an unspoken belief that if the poor are really good little citizens, they'll turn to the church.

Two guesses what I think about that.

Still. Both cases are an example of individuals within the state trying to force their own choices and morality on other people. Safety nets exist because society has made them necessary, whether or not the people caught in those nets are alcoholics or use drugs or not.

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Thursday, January 2, 2014 1:50 PM

NEWOLDBROWNCOAT

Another great Republican solution looking for a problem; rather like the "ID to suppress voter fraud that doesn't exist" program. And the real motivation is just as transparent.

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Thursday, January 2, 2014 2:03 PM

NIKI2

Gettin' old, but still a hippie at heart...

"Amen" to everything Byte wrote.

And yeah, ain't it great to have our tax dollars spent this way by the "party of fiscal responsibility". Pure bullshit.

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Sunday, January 5, 2014 5:07 PM

1KIKI

Goodbye, kind world (George Monbiot) - In common with all those generations which have contemplated catastrophe, we appear to be incapable of understanding what confronts us.

How did I miss this? Hallelujah! It didn't happen soon enough.

I do wonder - if you were to take the branches of the state government - and test them all for drug use - what percentage would flunk? There's this whole double standard I see in republicans, which says that there is supposed to be one set of rules for those who need to work - we are supposed to be eager to work, compliant with all demands, happy with low pay, dismissive of the health and safety risks of our jobs, the environment and purchased goods, independent of government money, holy, traditionally family oriented, politically subservient, drug-free, and if you're a woman barefoot and pregnant, or if you're a teenage girl, sexually available to 'Duck Dynasty' Phil - while the powerful and entitled are exempt.

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Sunday, January 5, 2014 5:27 PM

6IXSTRINGJACK

Honestly, I didn't read past the first few sentences Nik ;), but I might be so inclined to later, since it really is an interesting topic to me.

Again, honestly, I am ALL for drug tests..... In certain situations, which less than 10% of the tax-paying population WOULD EVER BE a part of and would sign explicit contracts about such "abuse" upon accepting the job instead of ALL of us now.

A. If you drive children to school on a bus... then at any time, EVER, while on the clock, you should be subject to a drug test.

2. If you deliver any goods, anywhere, to anyone, while driving anything... then at any time, EVER, while on the clock, you should be subject to a drug test.

Gamma. If you show up to work the next day and clumsily make a mess of the place and look like you're the last one "ushered" out the door at 2AM, at the company Christmas Party... then at any time, EVER, while on the clock, you should be subject to a drug test.

I don't argue this fact for many jobs. What I argue is the longevity of THC in the system in tests as opposed to ANY other drug. I could smoke Meth on Friday and be clean with nearly three days to spare if I got tested on Tuesday Afternoon.....

Not to mentioning railing an 8ball of Coke, ingesting a half ounce of shrooms and then shooting up just enough heroin to put me to sleep without having to swallow a bottle of NyQuill to come down from such a bender.........

I DON'T ARGUE THE TESTS, ESPECIALLY FOR JOBS THAT ABSOLUTELY REQUIRE SOBRIETY 100% OF THE TIME.

I simply argue the validity of the tests. They'll ruin (at least one month of your job applying life)for smoking pot ONE time 4 months ago, meanwhile two guys/gals that got into that minimum wage job did so because they don't smoke weed. I assume any conversations about their liberal use of Crystal never came up since it never came up in my job interview.......

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Sunday, January 5, 2014 5:55 PM

6IXSTRINGJACK

Although, if beyond the Cavets I posted about Niki still has some objections about testing for anything, she might be far closer to "Right" than she thinks.

My Grandma saw Pulp Fiction when it came out, nearly 8 years before I saw it.

She's "Right" and watched Fox more than any healthy person, and even though drugs ruined 3 of her 5 kids, she's still and always will be of the mind that the Government should have NO say and that Winners will be Winners and Losers will be Losers...........

I agree entirely. My dad was not the lone winner, but out of 5 he's by far the most successful, if not the most "alive".

The only Uncle I've ever had on that side has smoked pot with me and his sister on the day of my Brother's marriage.

He's still married to his equally-aged cheerleader wife, and their two kids are on their own now. He's hardly a junkie for pot. It was actually a very cool experience for his post-30-year-old nephew. That little stationary-joy-ride was probably the most REAL we've ever been together in over 30 years of my life, even if it was only 5 minutes and we'll never re-enact that situation again in our lives.

Pot is not the problem people.

It might not be the question, it likely isn't the answer, but in no way shape or form should Pot EVER be the PROBLEM.

I'd share my time willingly with anyone who came to my house and wanted to smoke and share. I hardly EVER invite anyone to drink with me.

Only Government makes POT the PROBLEM. If you're younger than 20 years old today, lets' be honest, your grand-dad was likely indulging in much more hard-core drugs in his off time. Those were the days that we didn't even know that cigarette smoke was bad for you.

Sorry about that global warming, for realz....

If you want to return that sorrow, I can point you in the direction of a PayPal account I keep active for that sort of thing.

I'm seriously the poorest person that can still afford an internet connection in these parts, these days.

I do it all for you...

Not really, but, really!

I'm not going to run you through Charlie's fucking Chocolate Factory, but.... well... why be a humbug now?

I'm quite certain that I've entertained the idea of ending my own life at least once a day. Since the WOMEN say now that science says we think about sex every 7 seconds as men, I look at that stat as an overall win/win for everyone.

Sometimes Pot is the answer. At my age I know it's the only thing that kept my otherwise healthy uncle going and I can't imagine my aunt quitting her Kool smokes without it........

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Sunday, January 5, 2014 10:08 PM

REAVERFAN

Yeah. 2% failed the test? I would guess most of them smoked weed recently.

Given that it's such a benign drug, and even of potential benefit to many, it should be completely legalized, along with hemp.

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Monday, January 6, 2014 8:03 AM

FREMDFIRMA

Quote:
Originally posted by 6IXSTRINGJACK:
Pot is not the problem people.

It might not be the question, it likely isn't the answer, but in no way shape or form should Pot EVER be the PROBLEM.

Profound.
http://tvtropes.org/pmwiki/pmwiki.php/Main/WisdomFromTheGutter

-F

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Monday, January 6, 2014 8:56 AM

BLUEHANDEDMENACE

It also just so happens that Governor Skeletor's wife owns the company that administers the drug tests.

I'm sure that had absolutely nothing to do with his desire to uphold this law.

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Monday, January 6, 2014 9:48 AM

NIKI2

Gettin' old, but still a hippie at heart...

Kiki, you might be interested in this:

http://www.petitiononline.com/DTEOAP/petition.html

And they did try, you know (albeit not seriously) a while back...

Quote:
The Oklahoma Senate has dropped legislation that would require politicians throughout the state to be drug tested along with people receiving temporary public assistance.

The bill, passed by the Senate Committee on Health and Human Services on Monday, would still require applicants for the Temporary Assistance for Needy Families (TANF) program to undergo a mandatory drug test.

Democrats in the Oklahoma House who opposed the legislation added an amendment that required anyone seeking public office to pass a drug test as well. The bill’s sponsor, Republican state Rep. Guy Liebman, opposed the amendment, but his attempt to eliminate measure was defeated by a bipartisan vote.

When the bill arrived in the state Senate, Sen. David Holt (R) dropped the provision from the legislation, describing the amendment a “stunt.”

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Monday, January 6, 2014 4:40 PM

1KIKI

Goodbye, kind world (George Monbiot) - In common with all those generations which have contemplated catastrophe, we appear to be incapable of understanding what confronts us.

And ever so eager to show they are not at all fair, republicans stepped up to the plate.

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Monday, January 6, 2014 5:10 PM

BYTEMITE

Quote:
I'm quite certain that I've entertained the idea of ending my own life at least once a day.

What you need to look out for is if you already have concrete plans of how you would do it.

However I grant you that you have the necessary "don't fear the reaper" recklessness down.

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Monday, January 6, 2014 5:45 PM

1KIKI

Goodbye, kind world (George Monbiot) - In common with all those generations which have contemplated catastrophe, we appear to be incapable of understanding what confronts us.

What does it say about me that one of the mottoes I live by is 'always have an exit plan'?

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Monday, January 6, 2014 6:29 PM

BYTEMITE

Quote:
Originally posted by 1kiki:
What does it say about me that one of the mottoes I live by is 'always have an exit plan'?

Depends on if you're talking about what I think you're talking about and whether you intend to act on it.

If it's what I think, it's probably a little unhealthy, but sometimes you need plans like that to feel like you still have some control over your life. Intending to act on it is what's dangerous.

So having a plan already is slightly more dangerous than the act of thinking of the plan, but both are still pretty dangerous so I still needed to give Jack some caution there.

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Monday, January 6, 2014 7:35 PM

1KIKI

Goodbye, kind world (George Monbiot) - In common with all those generations which have contemplated catastrophe, we appear to be incapable of understanding what confronts us.

I sat with both parents as they slowly suffocated to death from pneumonia. I've seen how gruesome letting events unfold can be. Take it as you will.

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Monday, January 6, 2014 8:14 PM

BYTEMITE

I still am not sure if we're talking about what I think we're talking about, but I'm sad to hear you went through that.

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Monday, January 6, 2014 8:43 PM

1KIKI

Goodbye, kind world (George Monbiot) - In common with all those generations which have contemplated catastrophe, we appear to be incapable of understanding what confronts us.

Well, you leave me in a quandary. If I say that I appreciate your post, which I do, you might just reply that's it's merely one more manifestation of your sociopathy. So I'll just say - careful there Byte. You almost seemed ... human.

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Monday, January 6, 2014 9:30 PM

BYTEMITE

:( Not cool.

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Monday, January 6, 2014 9:47 PM

1KIKI

Goodbye, kind world (George Monbiot) - In common with all those generations which have contemplated catastrophe, we appear to be incapable of understanding what confronts us.

Well, ok. Take my regards in whatever light causes you the least discomfort. And if that means you get to tell yourself what an evil troll you are, or what an evil troll I am, or both, so be it.

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