Judge strikes down Florida law mandating drug tests for welfare
December 31, 2013|Reuters
Summary:
On July 2011 in Florida a law went into effect to drug test parents who applied for temperate assistance for needy families. The person taking the test was the one who had to pay the fee ranging form $25 to $45. If the person passed the were reimbursed the money and free to collect the benefit which they need. The parents who fail the drug test are denied benefit for a year. In October 2011 the testing stopped after the American Civil Liberties Union sued, saying that the testing was in violation with the 4th amendment rights. The lawsuit was filed in U.S. District Court in Orlando for Luis Lebron, a Navy veteran, college student and single father who had full custody of his then-5-year-old son. He refused to take the test saying, "The new law assumes that everyone who needs a little help has a drug problem". Supports of the law argued that people who received welfare needed to be drug-free in preparation for jobs.. They also said that businesses require similar tests and have been for years. They also stated that government should do the same to ensure that taxpayer money wasn't used to buy illegal drugs. During this time 2.6% of people on welfare or applying for welfare tested positive for drugs where as 8.7% of the general population has used drugs in the last month. The judge said that the test violated these people's constitutional right and could no longer be performed. The governor wants to appeal the case.
My opinion:
I personally like the idea of welfare drug testing. I don't believe that people feel that everyone on welfare uses drug, it just ensures that the money the get goes to good use. I feel that though it may violate the 4th amendment it is a good policy. I think that in the case of government assistance that as far as the drug testing the 4th amendment right should be compromised. It should be compromised with the understanding that this is government money and drugs are illegal. This agreement should be made in writing before the person can receive their check. I do have to say I am impressed that such a small number failed the drug test especially when compared to the general population. This goes to show we shouldn't stereotype. Not everyone on welfare is lazy, some people genuinely need the help and benefits so I think that others should stop being so critical when they hear the term welfare.
I still hold my position from everything said in class today. But here's another idea for people to discuss: What if people are asked (forced?) to do the test, but if found to be using they are not legally penalized. Instead, these people are given the option to pursue drug and alcohol support services? I'm still not sure if they would receive the money though. Maybe increase the payout if they complete the program? Thoughts?
ReplyDeleteI think Alex has good thoughts and solutions to such problems. And if drug testing would be implemented throughout the welfare system, drug tests should be random or only given to those people where there is reasonable cause to believe they are using their money to buy drugs. Also, I agree that there should not be "punishment" given necessarily for people who are drug tested and found to be using drugs. Other solutions, as Alex stated above, could help remedy the problem not just temporarily, but hopefully long-term. Jail time certainly seems less effective than a rehabilitation program.
ReplyDeleteI third Alex's reply. Just as if you were to have to take a drug test to get a job; if it comes up that you do drugs, you're not legally penalized, you just simply don't get that job. I am 100% for drug testing for welfare, even if it's random.
ReplyDeleteI too stand by the position I took in class today. While I agree that Alex's idea is good, I don't really think there is much room for compromise with this, If it was deemed unconstitutional then I don't think there is much anybody can do about it. If you want to crack down on drug use, I don't think sticking your nose into the business of people who NEED your money to live is a good option. The target should be the source of the problem; the dealers and the drugs themselves.
ReplyDeleteI stick by my position in class today, drug testing everyone on welfare is wrong. You need a reason to do that and it has to be a good one. Just because these people are poor, it doesn't mean they are all on drugs.
ReplyDeleteIf you think about it, 2.6% of welfare recipients is a very small number of people indeed. You're absolutely right in saying that this is further reason not to stereotype Kirsten. In my opinion, this is far too small of a problem to be instituting mandatory drug testing to combat it. I would rather have 2.6% of welfare recipients using our tax dollars on drugs than be forcing all welfare recipients to relinquish their 4th amendment rights. Also, individuals collecting welfare could just as easily spend their welfare money to pay for alcohol and other legal substances which won't show up in drug tests, which is just as bad because the money is being wasted.
ReplyDeleteHey-o. Class discussion stimulates the online discussion. Well-done.
ReplyDelete