Florida welfare law may violate fourth amendment

In a temporary win for opponents, a federal judge has blocked Florida's new law that requires welfare applicants to pass a drug test before receiving benefits. The judge argued that the law may violate the constitutional ban on unreasonable searches and seizures.

ORLANDO, FL (Catholic Online) - Judge Mary Scriven issued a ruling in response to a lawsuit filed by 35-year-old Navy veteran and single father who is asking for benefits while finishing his college degree, but refused to submit to the test. The plaintiff, Louis Lebron is expected to win his challenge on fourth amendment grounds.

Judge Scriven wrote in her opinion, that the drug tests can reveal a lot of private medical information about an individual. She said that she found it "troubling" that the drug tests are not kept confidential as are medical records. Currently, the law allows for those records to be shared with law enforcement officials and drug abuse hotlines.

Scriven said, "this potential interception of positive drug tests by law enforcement implicates a far more substantial invasion of privacy than in ordinary civil drug testing cases."

The current injunction is temporary, but it will remain until she can conduct a full hearing on the matter. That hearing has not yet been scheduled.

The idea of testing  welfare recipients for drugs has gained popularity at a time when states are becoming increasingly strapped for cash. Such a testing program could save the state's some  money in benefits, which has made the idea is popular with fiscal conservatives. However, experts say in reality the plan would cost more money in the long term. Increased costs could come as a result of, law enforcement activity, child welfare services, and any number of other unforeseen consequences.

It is unknown if state legislatures can write the law in a way to protect the fourth amendment rights of individuals while also ensuring that the benefits they pay are not being abused by addicts. It is important to remember that children need to be fed, even if their parents are drug abusers.

Still, legislators should pursue the plan since it can also increase public safety. Not only will it discourage welfare recipients from using drugs, but it could also detect parents who are exposing their children to drugs. In such a case, the children could be removed from the home and placed in foster care while their parents get clean. 

Ultimately, Florida's law like so many others, appears to be well intentioned but is unlikely to survive scrutiny.

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