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View Full Version : Federal court blocks Fla. law requiring drug testing for welfare recipients



Rockntractor
02-26-2013, 06:57 PM
A federal appeals court Tuesday agreed to block enforcement of a Florida law that requires people who apply for welfare to submit to drug testing, calling it an unreasonable search.

The U.S. Eleventh Circuit Court of Appeals in Atlanta unanimously upheld a lower court’s injunction, which stops drug testing for applicants of the state’s Temporary Assistance for Needy Families (TANF) program.

“The simple act of seeking public assistance does not deprive a TANF applicant of the same constitutional protection from unreasonable searches that all other citizens enjoy,” the judges said.

Read More>http://www.washingtontimes.com/news/2013/feb/26/court-nix-fla-law-drug-testing-welfare-applicants/

patriot45
02-26-2013, 11:21 PM
Thats unreal! You have to take a drug test for most jobs, but to get free money nothing gets in the way of 0's army of welfare minions. bah humbug! :livid:

I do payroll for a company that drug tests all prospective hires. It's the least these leaches should have to do to get their freebees!

Rockntractor
02-26-2013, 11:24 PM
Thats unreal! You have to take a drug test for most jobs, but to get free money nothing gets in the way of 0's army of welfare minions. bah humbug! :livid:

I do payroll for a company that drug tests all prospective hires. It's the least these leaches should have to do to get their freebees!

If everyone in every state had to take the drug test before they got welfare it would end welfare as we know it.

patriot45
02-26-2013, 11:26 PM
If everyone in every state had to take the drug test before they got welfare it would end welfare as we know it.

The drug business would take a hit too!

Rockntractor
02-26-2013, 11:30 PM
The drug business would take a hit too!

Their is no way Obama would let his new Choom gang take a hit like that!

Novaheart
02-27-2013, 01:10 AM
If everyone in every state had to take the drug test before they got welfare it would end welfare as we know it.

The pass (drug free) rate was 96.3%.

Novaheart
02-27-2013, 01:11 AM
The drug business would take a hit too!

It would appear that the only real beneficiary of this program is the drug testing companies. Remind me again what Rick Scott does for a living?

Rockntractor
02-27-2013, 01:20 AM
The pass (drug free) rate was 96.3%.

http://i686.photobucket.com/albums/vv230/upyourstruly/got-link-demotivational-posters-136_zps50186c7d.jpg

Novaheart
02-27-2013, 02:39 AM
http://i686. posters-136_zps50186c7d.jpg

Here's _A_ link, but not to the article where I got that figure. I have switched computers since posting that and can't find that article, but it was the figure the ACLU was using in court.

This figure is actually more damning to the program, so take your pick which one you prefer.


http://www.rawstory.com/rs/2011/08/25/only-2-of-welfare-applicants-in-florida-failed-drug-tests/

Rockntractor
02-27-2013, 02:45 AM
Here's _A_ link, but not to the article where I got that figure. I have switched computers since posting that and can't find that article, but it was the figure the ACLU was using in court.

This figure is actually more damning to the program, so take your pick which one you prefer.


http://www.rawstory.com/rs/2011/08/25/only-2-of-welfare-applicants-in-florida-failed-drug-tests/

That is pretty amazing, I would have never thought especially in Florida.

noonwitch
02-27-2013, 12:40 PM
Michigan tried to require drug testing of welfare recipients in the 90s, and the courts slapped it down.

There is a back way to require drug testing for some welfare recipients-if the benefits are tied to a work requirement. To get most jobs these days, one has to pass a drug test. This would be for what we used to call ADC-benefits to able bodied parents of children in need of assistance.

As far as those who get assistance because they are disabled and exempt from work requirements, there's not much that can be done on that end. The courts will slap it down every time.

Novaheart
02-27-2013, 12:50 PM
That is pretty amazing, I would have never thought especially in Florida.

I don't know what the tolerances were in the tests. I think it's surprising as well, as I am given to understand that marijuana smoking is ubiquitous in that age group and demographic. Frankly, while I don't care for marijuana or being around those who are stoned, I also don't see the point in testing for pot but not testing for liquor.

I have now found the article I got that from:

Florida's four-month drug-testing run in 2011 yielded 108 negative drug tests, according to Department of Children and Families data. Only 2.6 percent of applicants who took the test failed, though supporters of the law say that does not account for people who walked away from the application process because they were on drugs.

The walk-away rate is an unknown quantity which could range from zero upward. I should think it would be very low since most drug users believe that they can clean up for a couple of days and pass such a test, and the benefits far outweigh a couple of days away from the pot. I seriously doubt that there are too many crackheads in the process as filling out forms and waiting patiently in lines probably isn't their idea of the best use of their time. Of course, all of that is speculation including the idea that there are people who walked away rather than be tested.

Novaheart
02-27-2013, 12:53 PM
Michigan tried to require drug testing of welfare recipients in the 90s, and the courts slapped it down.

There is a back way to require drug testing for some welfare recipients-if the benefits are tied to a work requirement. To get most jobs these days, one has to pass a drug test. This would be for what we used to call ADC-benefits to able bodied parents of children in need of assistance.

As far as those who get assistance because they are disabled and exempt from work requirements, there's not much that can be done on that end. The courts will slap it down every time.

While I think it's a dog and pony show designed to pander to people who think that all SNAP recipients are shiftless welfare queens, I really don't see any constitutional barrier to doing this. One is not entitled to SNAP without condition. It's not a civil right. The government already requires that you meet certain tested criteria, so I don't see how a drug test is different from an asset test.

Rockntractor
02-27-2013, 01:14 PM
I don't know what the tolerances were in the tests. I think it's surprising as well, as I am given to understand that marijuana smoking is ubiquitous in that age group and demographic. Frankly, while I don't care for marijuana or being around those who are stoned, I also don't see the point in testing for pot but not testing for liquor.

I have now found the article I got that from:

Florida's four-month drug-testing run in 2011 yielded 108 negative drug tests, according to Department of Children and Families data. Only 2.6 percent of applicants who took the test failed, though supporters of the law say that does not account for people who walked away from the application process because they were on drugs.

The walk-away rate is an unknown quantity which could range from zero upward. I should think it would be very low since most drug users believe that they can clean up for a couple of days and pass such a test, and the benefits far outweigh a couple of days away from the pot. I seriously doubt that there are too many crackheads in the process as filling out forms and waiting patiently in lines probably isn't their idea of the best use of their time. Of course, all of that is speculation including the idea that there are people who walked away rather than be tested.

What really surprised me is that I didn't think you could take a cross section of ANY part of society and only get 2% failure.

PeterS
03-03-2013, 03:40 PM
If everyone in every state had to take the drug test before they got welfare it would end welfare as we know it.

Are you sure it will end Welfare as we know it...make it more expensive maybe.


Of the 4,086 applicants who scheduled drug tests while the law was enforced, 108 people, or 2.6 percent, failed, most often testing positive for marijuana. About 40 people scheduled tests but canceled them, according to the Department of Children and Families, which oversees Temporary Assistance for Needy Families, known as the TANF program


The numbers, confirming previous estimates, show that taxpayers spent $118,140 to reimburse people for drug test costs, at an average of $35 per screening.

The state's net loss? $45,780.

"That's not counting attorneys and court fees and the thousands of hours of staff time it took to implement this policy," Newton said.

The law also didn't impact the number of people who applied for benefits.

Source (http://www.tampabay.com/news/courts/florida-didnt-save-money-by-drug-testing-welfare-recipients-data-shows/1225721)