Judge Declares State Worker Drug Testing Order Unconstitutional

NBCMiami ^ | 04/26/2012 | unknown

[JustSayNoToNannies]

Every employer in the country is allowed, under law, to have mandatory drug testing. Even WalMart drug tests applicants.

But the government can’t?

It's not clearly outrageous to read the Fourth Amendment's "the people" as including government employees.

[sarasmom]

To be deemed eligiable to do business with the State of Florida, every vendor is required to have “Drug Free Workplace” policy in place.

Such a policy must include a provision for random drug testings of employees.

Even if a Florida business does not engage in direct commerce with the State of Florida, the State of Florida has approved unconditional insurance rules that heavily penalize businesses through both Workman's compensation and liability, if those companies do not conduct “random drug testing” of employees.

Sooooo, if the State can't require it of their own employees, how can the State demand it be done to private businesses?

Think about it.

[JustSayNoToNannies]

I'm very open to the argument that what the Fourth Amendment prohibits government from doing, it also prohibits government from pressuring employers to do.

[dfwgator]

If they are going to drug test government employees, then start with testing the White House and Congress.

[dfwgator]

I fully expect that legal drugs would be taxed, and I'm OK with that.

You think there is a War on Drugs now, just wait until they're legal and the government has a stake in it....they don't exactly like competition.

[JustSayNoToNannies]

I fully expect that legal drugs would be taxed, and I'm OK with that.

You think there is a War on Drugs now, just wait until they're legal and the government has a stake in it....they don't exactly like competition.

The current war on illegal purveyors of the legal drugs alcohol and tobacco is much preferable to the war on illegal-in-all-cases drugs.