Judge Halts ‘Welfare Drug Testing’ In Florida

A federal judge in Florida on Wednesday ruled that the state can not test welfare recipients for drug use. According to the judge their ruling comes as “suspicionless drug testing” has raised questions of constitutionality while noting that “there is a substantial likelihood” that the drug testing law will be deemed unconstitutional.
The judges ruling is a result of an ACLU lawsuit brought forth by an unemployed ex-Marine who also happens to be a single dad and college student. The marine refused to take the test because it violated his Fourth Amendment protections against unreasonable search and seizure.
The same federal judge also denied the ACLU’s request to turn the case into a class-action suit while writing in her ruling:
“Perhaps no greater public interest exists than protecting a citizen’s rights under the Constitution.”
Florida isn’t the first state that has attempted mandatory drug testing for welfare recipients, Michigan saw the same law struckt down by a federal appeals court in 2003.
In the meantime the office of Florida Governor Rick Scott says he “obviously disagrees with the decision” and that further examination of the law along with a possible appeal are being investigated.
Do you believe the state of Florida or any state for that matter should have the right to drug test their residents before handing out welfare checks?


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Oct 26, 2011
they already proved it was a huge waste of money& resources, but if u have to be drug tested for a job, alls fair!
Oct 26, 2011
I support it 100%!
Oct 26, 2011
I don't think you should be drug tested period unless you are under some sort of state probabtion otherwise its unreasonable search and seizure and I do believe they should abolish all drug test outside of the penal system.
Oct 26, 2011
We support the people on welfare with our tax dollars – they should be using the money for rent, food etc. If they have enough money for drugs then in my opinion they don't need welfare. DRUG TEST THEM ALL! If they have nothing to hide they have nothing to fear.
Oct 26, 2011
yes I do.
Oct 26, 2011
Your employer can drug test you…. I'm all for it. Until you pee clean you don't get benifits, plain and simple. If I wanted to pay for drugs Id buy them myself thank you.
Oct 26, 2011
I think drug testing is very approiate for welfare receipiants. We drug test for people who work for their money, so I don't see what the problem is. If you've ever gone into a welfare office, you see an awful lot of people waiting in line with gold chains, and very fancy cell phones.I think if they have the money for all that, they really don't need welfare. They must of got their money some how to buy all that gold and the fancy cell phones.I think all states shoul adopt the policy of drug testing welfare recipents.
Oct 26, 2011
It is a "broken system", it has become a crutch! If most of our recepients have the attitude of" if it's there and it's free" then why get mad/upset when it comes to being tested our tax dollars are supporting your cause, then give us a valid reason as to why we should continue to support you! The system was implemented to assist not to become dependant of it, we should look towards becoming independant and learn new things i.e a new trade like education and becoming self sufficient. I am in total agreement and support our families that are barely making ends meet, those that are in school, those who are not able to work due to illness/disability NOT those that want to be in bed and become a breeding factory that @ times instead of feeding the children can afford to be a "looker" by having nails hair bling bling wheels and can afford to go on shopping sprees and last but not least have a boo living w/them and supporting them..
Oct 26, 2011
Audrey L Hammock – …our rights are already violated and have been for a while…
Oct 26, 2011
Stop all testing that isn't necessary… give credit cards to everyone (we're entitled), spend… spend… spend… legalize drugs (what's the difference; we've already got alcohol) The fact and truth here is…no one will get involved anyway they just make demands and let everyone else do all the work with their [ah?] TAX DOLLARS! Look around people… How are those Tax dollars being spent and working for the masses? Kudos and Bravo to the American "Dumb-ASSets" we've become. ~Let's hope the 2012 doomsday comes earlier than later…then you won't have to do anything!
Oct 26, 2011
It's tax dollars that would pay for the drug testing. " DRUG TEST THEM ALL" is a very expensive proposition.
Sad that so many people wrongly believe that all welfare recipients are drug addicts.
Oct 26, 2011
YES!
Oct 26, 2011
DRUG TEST THEM. IF they have nothing to hide then what's the problem. If they are getting our tax dollars for free they should have to prove to us they r trying to better their lives, not just live off the govt.n us!
Oct 26, 2011
why is an ex-marine applying for welfare in the first place?
Oct 26, 2011
What about the cars they drive? Do you really think some of these people will use their checks on their kids?????? I DON'T THINK SO!!! To them, it's their "drug money", I know because I've seen it! It sucks for those that are honest, but that's what what it comes down to when you have dishonest people and drug addicts taking advantage of the system!
Oct 26, 2011
so I can be drug tested to get a job but they can't be for welfare? eff that
Oct 26, 2011
Yes we should test people before they take my tax dollars to feed there no job having asses. I had to get a drug test to get my job and government did see any need to step in there. Any type of government assistance should have testing around it. If I got in an accident tomorrow and was unable to work. They sure will step in and make me run through 800 loops before giving me my ss check that I have been putting money in for years. Why should some lazy ass be able to go take my money and not work for it. Just b/c you spread your effing legs doesn't mean you have the right to free money.
Oct 26, 2011
They should have no problem getting drug tested! If they would start dug testing then they would finally realize who ACTUALLY deserves to be on welfare! It would be a great day when the drug addicts finally realize that we will no longer support their habits!
Oct 26, 2011
If it is unconstitutional to drug test people applying for Federal assistance than it is even more unconstitutional to drug test those people applying for jobs that will be supporting themselves, paying taxes, paying insurances and sustaining themselves. What is good for the goose is good for the gander! ALL OR NOTHING BOYS! Drug test me, drug test you.
Oct 26, 2011
This is simply rubbish!!!!
Oct 26, 2011
Great point!!!
Oct 26, 2011
I agree with Audrey it is a huge violation of my rights I worked for over 20 yrs so this is my right to recieve disability I have no fear of the test but why add more cost to a system that's already broke?
Oct 26, 2011
that is the saddest thing in the military i had to be on welfare while my husband was in Saudi during desert storm they dont (take care of their own)
Oct 26, 2011
thank you!
Oct 26, 2011
not all that are on, but quite a few, check out the local bars on check day or food stamp day, i think you'd change your mind
Oct 26, 2011
and to all the people who seem to think this is a good thing….your wrong and you should be fighting to get this abolished on all levels! not all those folks are hard up drug addicts hell half the time a druggie cant function well enough to even keep up with those benefits which is why most time they end up homless and destitute! I for one don't think any drug test outside of the penal system should be legal but that's just me!
Oct 26, 2011
Audrey L Hammock i agree, and when they violate the rights of the people paying these welfare people then they should be tested
Oct 26, 2011
NO, we are NOT saying they are ALL addicts!! But it's those that ARE that is making it necessary!! If I have to be DRUG Tested to WORK for my paycheck, then it's FAIR that Welare Recipients are Drug Tested for their WELFARE checks!!!!! I will GLADLY allow MY TAX DOLLARS to be used towards this purpose!
Oct 26, 2011
Leah Key-Cushman i worked i took drug test thought it violating then! but once again the tax dollars are not stretching far enough now why burden a system that is already to the brink of complete failure? in this case check what their buying with those foodstamps i have been in line and watch a woman with kids have nothing but junk food and frozen dinners?
Oct 26, 2011
Because our GOVERNMENT keeps making CUTS to support all the OVERSPENDING!!!! And WE in the MILITARY take the BRUNT OF IT!!!! And our FAMILIES suffer as a result!!!
Oct 26, 2011
must pick up my child but would also like to say that the state of Missouri hasn't had a cash welfare system since 1962 the money for testing would be better used to get the people that can work working!
Oct 26, 2011
Linda Fetters they should take care of their own!
Oct 26, 2011
If we must drug test welfare recipients, then CORPORATE welfare recipients and government officials should also be tested. These rich "fat cats" receive more government money than impoverished families. They broke America's bank when they took the payouts then held onto the money to pay their bills and refused to hire anyone, which is part of the reason the funds were appropriated in the first place. Billions of dollars went out, but millions of us are still unemployed. Who's really on drugs here?
Oct 26, 2011
Leah Key-Cushman like i said i understand but the thing is the whole systems of America are broke and need fixing revamping a new way but what is that? no one seems to know.
Oct 26, 2011
Another liberal judge trying to legislate from the bench. All liberal judges should be replaced. When any judge comes up for a vote from now on, I will check their back ground to see how they rule on issues.
Oct 26, 2011
Linda Fetters I've seen that too and that angers to to no end! THAT should some how be regulated. Not sure how, maybe certain items not being allowed to purchase perhaps…..
Oct 26, 2011
I think if the goverment wants to drug test all welfare people they them selves should go above and beyond to prove thier inocents. By taking a hair sample drug test that can't be fixed. if they come up dirty anounce it publicly and take all their money and medical benifits away. after all even those on senate and those no longer on the senate still get all their benifits from being a councel member for the rest of thier lives. start taking that money and using it for the schools, police , fire departments and hospitals. then after making sure all the dirty consil members are out sstart going down the line of child support on them and everything else they are or seem to be exsempt form and hold them to a normal standered.leave the poeple that really need thier help alone. those who don't yes should be penilized but to what extent. we need the officials fixed first then we need the laws reexsamined and go from there not just 1/2 ass oh but this might work shit. we should also pass a law that states that anyone who has more than 10 million will be taxed @ 10 % and up. then inclued the inheritances and only let them inherit no more than 2 million. that's were we need to start. not at the bottom of it. everyone knows that when you are cleaning to start at the top and work your way to the bottom. let go that way. but just my oppinion.
Oct 26, 2011
Welfare recipients should be drug tested for several reasons , 1) drug testing is a requirement for about 80% of the Jobs here in NM.I have taken tests for many different jobs in my life and I have always accepted this as something that has to be done in order to pay my bills and help support my family.2) It also can help with another problem our country has , it may be able to help people with serious drug addictions get the help and resources they need to get off of drugs and get "clean". As far as being judged as unconstitutional, drug testing in the work place has been legal for years! If its unconstitutional for welfare than it is unconstitutional for a Job as well! I do not live in Florida but I am sure that they drug test employees there. Here in NM you can be drug tested for a job as a cashier but state employees are not tested and that makes no sense to me! Also for those of you out there that think all welfare recipients have been living off of the state their whole lives , I guess you have never been down on your luck and needed a little help just to put food in your children' s bellies! I have been on both sides of that life and I paid taxes before I had welfare and after I was off of welfare! So to assume that we are all just " Living " off of other peoples taxes Is just plain Ignorant!
Oct 26, 2011
To Kathie Wiles Nunley: Why is an ex-marine applying for welfare? Because they cannot make it after all the cuts the government has made. Thats why! My dad is a verteran and can't even get the proper medical treatment he deserves. It makes me sick after all they have done for their country and they cannot get help.
Oct 26, 2011
Yes!! I agree with you 100%!!
Oct 26, 2011
Since "we the people" are providing the welfare monies, we should be able to put what stipulations we feel are fair to be able to collect the money, especially since they don't have to pay it back.
Oct 26, 2011
I totally agree.People seeking employment or already workers have to get drug tests and I've known people getting benefits but yet don't really need them and those that really need it can't get assistance.Not only that there are also people recieving disability or SSI who are alcoholics and use the money to supply that habit and won't even pay bills or buy groceries.
Oct 26, 2011
People don't deserve any help if they are spending it on drugs plain and simple.
Oct 26, 2011
Exactly,and the ones that are against it don't realize that the ones that are doing drugs and getting benefits are abusing the system.If they have the money to buy drugs,then they have money to buy food.Stop the drugs and support your family
Oct 26, 2011
Audrey L Hammock just so you know…..if you work for the government…YES, they ARE TESTED!!!
Oct 26, 2011
It will weed out the "slackers" and there will be less people getting $ therefore more $ for those like you who deserve it.
Oct 26, 2011
Yes drug test them, you using our money to support you and your children. Lets make sure the money is used the right way……
Oct 26, 2011
Then get a job and don't draw welfare…..
Oct 26, 2011
Its not that someone has the "right" to be on welfare…its the people out there that spend it on drugs and alcohol that don't DESERVE to have it. They're are real people out there that truly need it and will spend it on what's really important Audrey L Hammock
Oct 26, 2011
I had to get a drug test to get my job and my weekly pay checks. Using drugs or alcohol is a valid reason for dismissal. Why shouldn't they be accountable also? No one one the face of this earth is free from having to live within boundaries. I'm sorry that life is imbalanced in the financial department. In these economic times we're all under added strain so let me ask you this…How do you pay for that ink that is all over your body? Tattoos are expensive as well as the jewelry and fancy phones. People need to re-prioritize according to today's economy. If you have nothing to hide, what difference does it make?
Oct 26, 2011
Whitney Blaine Drumheller and they will gladly pee in a cup to get those benefits that they need so bad. whats the big deal? if you arent doing drugs then you have nothing to hide.
Oct 26, 2011
drug test all those people that just try to live off of the state. I bet if they started to drug test for welfare the people on welfare would cut down by at least 25% throughout the country. If your asking for free money cause your lazy ass just wants to shit around and shit out kids whatever, you don't get a job cause your lazy or they drug test or your cracked out. why should we have to pay for that. nasty assholes
Oct 26, 2011
most people on welfare live in government housing and get food stamps. so if those are paid for why do their kids always look dirty and starving? Because they sell their foodstamps and buy drugs with their welfare check, drug test them. I'm not saying all drugs are bad by any means. But if your going to sit around and do drugs while your living off the state, just do the whole country a favor and go overdose.
Oct 26, 2011
I know there is people that needs help now and then, but I don't feel as though it should be anyones way of life. Alot of Americans have to be tested for a job, our soldiers that are fighting for our freedom have to be tested.So I feel as though if they are doing this for us the least we could do is take a test if you need help fine, but be able to prove that you are using it respectfully.There are alot of people that work the system they make it hard on others.Such as the ones on unemployment that will get a job, but only when they know it's not permanent just long enough to start benefits again.I think we should have the ones on welfare and such get out and help in there community instead of just handing it to them, not including the ones on disability of course! Just my opinion.
Oct 26, 2011
You poor dear. You are quite misinformed."most" people on welfare don't live in Gov't housing. Most don't neglect their children's needs and most don't trade food for drugs. You are correct that not all drugs are bad, I enjoy caffeine daily. ~ For the record, No, I am not on the dole. I am a business owner with a part time job in addition.
Oct 26, 2011
Roberta Reynolds I basically removed my posts. No matter what I say it will be used against me. So I'm better off just keeping my mouth shut.
Oct 26, 2011
Leah Key-Cushman …and most private companies. As well as monthly or weekly random test. A refusal is a fail, fired or not hired. It's not illegal search and seisure for my employer to require a drug screen, why then should it be for the reciepients of any kind of gov't aide/welfare? And as many people have already said, " if you have nothing to hide pee in the cup."
Oct 27, 2011
I do not think welfare recipients should be tested for drugs just because they need welfare. Many of those people have worked and paid into the system the same as you and I have. They lost their job through no fault of their own, just as you might lose your job tomorrow – and they need help to care their family. It is demeaning and uncessary -for only a few tested posotive, it is a waste of money for the Govement and a hardship for the person who have already lost their income to pay for the test themself – wait for the Govement to pay them back for the negative test, having no control on how long it takes fot the Goverment to pay them for taking the test. Those of you that say, it is your money paying them, well, it was their money also before losing their job. This is not a game to them, they have hungry children to feed.
Oct 27, 2011
In states that have adopted the drug testing model – the average number of Welfare recipients found to be positive for drugs was a whooping 4%. Finding only 4% proved to be not cost effective and these states have dropped the program.
In my state recipients rent is paid directly to the landlord. Recipients are assigned a Social Worker and have to be actively looking for work, enrolled in community college or a jobs training program. Alcohol or tobacco can't be purchased with food stamps. It's also impossible for healthy people to get on welfare in the first place, without having dependent children to feed and support. And there is a limit as to how long a family can stay on Welfare. I find it none of my business what a person puts into their shopping cart, or how or where they spend their little money. Welfare is a program meant to help people get back on their feet. There are bad apples in every bunch.
Being drug tested by a private enterprise that pays your salary is fine. If you disagree you can leave and work elsewhere. Being drug tested by a government is very different and dangerous. If the economy in the US gets worse, would you agree the government has the right to drug test everyone before they issue tax returns?
Oct 27, 2011
Did that "ex-marine" also refuse to take his urinalysis when he was in the service? I'd be willing to bet that's the reason he's an 'ex' marine. FWIW, virtually ALL marines with an honorable discharge are extremely offended by the term 'ex-marine' and refer to themselves as 'former marines'. Only the ones that get kicked out of the service allow themselves to be called ex-marines.
Oct 27, 2011
D'Anne Brockelbank Bars accept food stamps?
Oct 27, 2011
I would posit because the government has no right to search Americans without a warrant, as per the Fourth Amendment to the constitution. People can change the law, but as of now that IS the law.
Oct 27, 2011
If it's reasonable to test these recipients of government funds, then anybody who has received a govt loan, grant or funding of any sort. This includes college students, govt contractors, social security recipients, all of them. "You cashed the check, now pee in the cup, grandma! You're next, war-widow, disabled & mentally ill folks!" We've all seen "suspicious" situations that are most likely welfare fraud.But many, many of the people on welfare (especially now) find their dignity one of the last things left and hardest to hold on to.
Oct 27, 2011
Dave Briscoe …Exactly my point!!
Oct 27, 2011
Of course they should be tested for drug use, if it was a job they would be tested. Walking up to someone randomly and saying you have to pee in a cup for no reason is illegal search and seizure, tell a welfare recipient he must be drug free to be awarded benefits from the state is just common sense.
Oct 27, 2011
HEY STUPIDS……When the Federal Government begins testing of the WEALTHY ELITE 1% & GIANT CORPORATIONS that also receive OBSCENE CORPORATE WELFARE in """BILLIONS"""……Then I will agree to testing a Mother receiving her $900. per month, for rent, food, utilities for her 4 kids….DUH.
Oct 28, 2011
Jill Hodge Taylor my worry is the cost the majority of drugs they will catch is pot the others leave the system so soon and they cannot be watch so they can bring anyone's pee even their kids and once again the cost it worries me why not put it into getting them employed and off the system? and remember take away the money an addict isnt going to suddenly get a job they will steal rob and kill for there dope i have been clean for 24 years but when i was in the throes of my addiction i could justify anything! and the kidsw they become homeless and that helps them none not the right answer there has to be one but this one I do not believe is it.
Oct 28, 2011
Kathie Wiles Nunley I agree My boys are raised now but by no help from the military!!
Oct 28, 2011
so Caitlin you just said that ALL welfare children are dirty and starving what a Racist statement you cant generalize about any group of people for Gods sake this is supposed to be America!! You just really pissed me off that was horrible and are all black people drug addicts and gang members and Hispanics all lazy and illegals?
Oct 28, 2011
Audrey L Hammock sorry i think we all have a right to our opinion dont let ANYONE chase you off!!
Jan 11, 2012
and half of the people who talk about those in welfare offices being in gold chain having fancy cell phones….im wondering which office have you been too…i lost my job and had to get on assistance for a few months so of course I owned jewelery and had a car amongst other things….that is a stereotype I wish people would drop! its food stamps and a maybe two hundres dollars a month maybe if they even give you monetary benefits! How about getting the drug addict help instead of further ruining his or her life! Americans are selfish indeed which is why we have these issues! I still want to know who gets rich enough off assistance to buy cars and jewelry! drug testing surely wont solve anything but it will make it worse I would rather have poor people who are fed then poor hungry people lurking around……that people would make for higher crime rates!
Mar 1, 2012
drug testing on jobs is a good thing would you want to be working with some one who is high. They could get hurt or hurt some one else.
Mar 1, 2012
Leah Key-Cushman I recieve food stamps and would have no problem taking a drug test just as I have no problem working off the stamps that I get.
Mar 1, 2012
Kathie Wiles Nunley I agree my father in-law is a war vet and over 80 and all they want from him is more money. The man fought for our country and can hardly afford to live. my old man is a Navy vet and couldn't even get the surgery that he needed from the VA. They don't care about their own people they only care about themselves.
Mar 1, 2012
Linda Fetters That's true I have known a few people who have had their kids pee in a jar for them just so they can pass a drug test
Mar 1, 2012
I know a couple of Marines who even take offense at that. They believe once a Marine always a Marine. To them there is no ex or former.
Mar 1, 2012
Linda Fetters She was not being racist. She was saying people on welfare and I am white and take offense with what she said. I do not live in Giv't housing. My kids are clean and well fed I take pride in that. I am on assistance because I am unable to work due to degenerative bone disses. My ex husband refuses to pay his child support and is told that he can't be made to because he receives SSI. He is a gambling addict and that is where all his money goes not to his son. That is another addiction that they can't stop either.
Mar 2, 2012
why the hell not big brothers got his hands in the till in everything else they are allready trying to regulate fucking.
Mar 2, 2012
People dont seem to understand that its just one more of our rights that will be taken away. The government already has some control over us. How much more do they need to take away from us? Pretty soon it will be a lot.
Mar 2, 2012
Audrey L Hammock receiving welfare while on drugs is not "just one more of our rights". Drug testing is an attemp to get an abused program back on track, in order to help others.
Apr 26, 2012
The reason Audrey replied the way she did is because she is 1.) Intellectually challenged (what else would explain her stupid reply) and 2.) The epitome of what a welfare mother is. She's been on welfare for nearly a decade now, possibly longer. She lives with her tweaker, scumbag boyfriend (arrested 12/09/09 for methamphetamine possession) who has barely worked since they started pumping out illegitimate children. For a long time they lived, with two of their poor children, in a nasty, leaking camper that sat on the back of a pickup. This is because their chronic unemployment led to homelessness. You would think at least one of them would get a steady job to support their kids, but they'd rather bleed the working taxpayer dry and get something for nothing. They now live in welfare housing, get free medical, food stamps and contribute absolutely nothing to society. I also know people they lived with during her last pregnancy with her thrid kid, during which she was drinking alcohol and using methamphetamine herself. These people are the textbook reason that, not only should all welfare recipients be drug tested, they should be forcibly sterilized or have theri welfare benefits cut when they keep having kids they don't even support!
Apr 26, 2012
The reason Audrey L. Hammock replied the way she did is because she is 1.) Intellectually challenged (what else would explain her stupid reply) and 2.) The epitome of what a welfare mother is. She's been on welfare for nearly a decade now, possibly longer. She lives with her tweaker, scumbag boyfriend (arrested 12/09/09 for methamphetamine possession) who has barely worked since they started pumping out illegitimate children. For a long time they lived, with two of their poor children, in a nasty, leaking camper that sat on the back of a pickup. This is because their chronic unemployment led to homelessness. You would think at least one of them would get a steady job to support their kids, but they'd rather bleed the working taxpayer dry and get something for nothing. They now live in welfare housing, get free medical, food stamps and contribute absolutely nothing to society. I also know people they lived with during her last pregnancy with her thrid kid, during which she was drinking alcohol and using methamphetamine herself. These people are the textbook reason that, not only should all welfare recipients be drug tested, they should be forcibly sterilized or have theri welfare benefits cut when they keep having kids they don't even support!
Apr 26, 2012
It is nobody's 'right" to be supported by working, taxpaying citizens although I would much rather have my money go to you, Linda, than to someone like Hammock, her boyfriend and their kids – who are being raised with the example that you don't have to work when you can get the government to provide for all your needs. I often wonder what their kids do on those days when you go to school and brag about what your daddy or mommy does for a living. LOL
Apr 26, 2012
I cant fins some one named getajobyoulazyslob who commented to me so I have no idea what you said so I cannot reply.
Apr 26, 2012
*find
Nov 16, 2012
I agree they should be tested. Problem is there are ways they can mask it and then more govt money is wasted!