Drug testing in Ks vs Fl. (Howard: 2014, felony, attorney)

[Versatile]

A Federal judge struck down Florida's drug testing of welfare recipients. How will it go in Ks?

The court is sending a message to politicians that they're not going to be allowed to treat poor people as if they have no constitutional rights," Simon said.


Judge nixes Florida's welfare drug testing | Fox News


Judge nixes Florida's welfare drug testing

A federal judge on Tuesday struck down a Florida law requiring applicants for welfare benefits to undergo mandatory drug testing, ruling it was unconstitutional and shouldn't be enforced.

U.S. District Judge Mary Scriven's 30-page order made permanent an earlier, temporary ban on the law by the judge.

Gov. Rick Scott had backed the drug testing of prospective welfare recipients, arguing it helped protect taxpayers and families. He said in a statement Tuesday that his administration would appeal the decision to the U.S. Court of Appeals.

"Any illegal drug use in a family is harmful and even abusive to a child," Scott said. "We should have a zero tolerance policy for illegal drug use in families, especially those families who struggle to make ends meet and need welfare assistance to provide for their children."

"The court is sending a message to politicians that they're not going to be allowed to treat poor people as if they have no constitutional rights"

- Howard Simon, executive director of the American Civil Liberties Union of Florida

Opponents of the law had argued it was an unconstitutional search and seizure. The judge agreed, writing that there was no pervasive drug problem among applicants for the welfare program known as Temporary Assistance for Needy Families.

The judge said she could find "no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied."

Howard Simon, executive director of the American Civil Liberties Union of Florida, called the order "a nice New Year's present." The ACLU helped challenge the 2011 law on behalf of Luis Lebron, a Navy veteran and single father from Orlando who refused to submit to a drug test for TANF benefits.

The judge's decision may give pause to a handful of other states that have either passed or are in the process of passing similar laws before they are enacted, including Georgia, North Carolina and Virginia, Simon said.

"The court is sending a message to politicians that they're not going to be allowed to treat poor people as if they have no constitutional rights," Simon said.

[thriftylefty]

Governor Sam Brownback signed into law requiring drug testing for those who receive jobless benefits and welfare if there is suspicion of drug use. Those with positive results would have to undergo and complete substance abuse and job training programs. - See more at: Kansas state laws and regulations regarding drug testing and substance abuse control





Legislative Enactments:
The Kansas legislature passed SB 149 and Governor Brownback signed the bill into law on April 16, 2013, requiring the Department for Children and Families to establish a drug screening program for applicants and current recipients of cash assistance when reasonable suspicion exists that the person is using controlled substances. Kansas SB 149 requires the Department for Children and Families to establish a drug screening program by January 1, 2014 for applicants and recipients of cash assistance when reasonable suspicion exists that the person is using controlled substances. The suspicion can be based on a person’s demeanor, missed appointments, police records, termination from previous employment due to substance use or prior drug screening records. If the drug test result is positive the person is required to complete a substance abuse treatment program and a job skills program.Those who refuse to take the test or participate in the treatment and job skills program are ineligible for benefits. Those deemed ineligible for these reasons can designate a protective payee to receive benefits on behalf of the child(ren). The bill also makes those convicted of a drug felony after July 1, 2013 ineligible for cash assistance. First time offenders are ineligible for five years; repeat offenders are forever ineligible.

Great, now we pay for; drug test, drug treatment, job training and welfare.

[Mathguy]

Florida's was mandatory for all applicants.

Kansas law only applies if there is reasonable suspicion (like arrest etc.) and then rather than cut off their benefits tries to help them get over their addiction and fuction productively.

As such, they are very different court cases although since REFUSAL to take the test results in a loss of benefits that aspect is the same.

It's funny seeing people get interested because it involves Kansas and that's politically targetable for them. The irony that they are seemingly concerned about rights all of the sudden but will defend anything the NSA does (while Obama is president that is) is beyond pitiful.

[Versatile]

Originally Posted by Mathguy

Florida's was mandatory for all applicants.

Kansas law only applies if there is reasonable suspicion (like arrest etc.) and then rather than cut off their benefits tries to help them get over their addiction and fuction productively.

As such, they are very different court cases although since REFUSAL to take the test results in a loss of benefits that aspect is the same.

It's funny seeing people get interested because it involves Kansas and that's politically targetable for them. The irony that they are seemingly concerned about rights all of the sudden but will defend anything the NSA does (while Obama is president that is) is beyond pitiful.

Are you saying that i am defending the NSA?

[TinaMcG]

Still, as failed as the Florida drug-test-the-poor law has been (lost in court, highlighted almost no offenders, cost the state millions), these laws continue to pop up in other states, not just Kansas. There is big money being poured into lobbying for laws like this, and I can't for the life of me figure out what's in it for the big money donors.

[CrownVic95]

Originally Posted by TinaMcG

Still, as failed as the Florida drug-test-the-poor law has been (lost in court, highlighted almost no offenders, cost the state millions), these laws continue to pop up in other states, not just Kansas. There is big money being poured into lobbying for laws like this, and I can't for the life of me figure out what's in it for the big money donors.

$Billions$ in drug testing industry revenue.

And there could be no clearer statement of our national apathy than the very existence of such an industry in today's America. They've turned shredding the constitution and herding sheep into one of the most profitable businesses in American business history. It is a national disgrace.

When the madness began with barely a whimper of resistance during the Reagan years, driven by zealous advocacy of then Attorney General Edwin Meece, I knew we had nowhere to go but down....and that the Constitution would disappear into thin air within a generation. Today the Constitution, and the way it has been cast to the four winds, is nothing but material for the late-night talk-show monologues.

[Mathguy]

Originally Posted by Versatile

Are you saying that i am defending the NSA?

You defend anything with a (D) behind it or make excuses for it.

Frankly, it's the only reason you post in this forum....once Sebellius left.

Ever lived in the state? Or are you like our moderator that lived here 3 years in highschool or whatever?

[Versatile]

Originally Posted by Mathguy

You defend anything with a (D) behind it or make excuses for it.

Frankly, it's the only reason you post in this forum....once Sebellius left.

Ever lived in the state? Or are you like our moderator that lived here 3 years in highschool or whatever?

I lived in Ks for 9 years and have many friends from Ks. I don't defend anything the Democrats do. I call it to attention when i see something i don't like with either side. You are the one getting your panties in a wad towards me in the past. What is wrong with you? With your handle i suspicion a great big ego. Leave me out of it please.

[luzianne]

I think if you are going to get taxpayer money, you should be drug tested, period. You test positive for drugs, you get no taxpayer money. Why should I be working and paying taxes to support people who do drugs?

And that's being generous. I'd rather do away with Medicaid and food stamps altogether.

If you don't want to be drug tested, support yourself.

[Mathguy]

Originally Posted by Versatile

I lived in Ks for 9 years and have many friends from Ks. I don't defend anything the Democrats do. I call it to attention when i see something i don't like with either side. You are the one getting your panties in a wad towards me in the past. What is wrong with you? With your handle i suspicion a great big ego. Leave me out of it please.

Hey look, a REAL personal attack.

P.S. Here is a list of the threads you have started....lol....yeah....you are really politically unbiased.
//www.city-data.com/forum/searc...archid=8655478