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Judge Declares State Worker Drug Testing Order Unconstitutional
NBCMiami ^
| 04/26/2012
| unknown
Posted on 04/26/2012 1:22:00 PM PDT by redreno
A federal judge declared Gov. Rick Scott's order requiring drug testing for some 85,000 state workers unconstitutional Thursday, saying the governor showed no evidence of a drug problem at the agencies to warrant suspicionless testing.
The ruling marks the second blow to Scott's proposals regarding drug testing. The governor also suspended a state law he supported that required drug testing for welfare recipients last year after a lawsuit filed by the American Civil Liberties Union. A federal judge in Orlando has temporarily blocked that law.
The ACLU and a government worker's union also filed a lawsuit last year challenging Scott's order to drug test state employees, saying the testing violates the Fourth Amendment by subjecting state workers to an unreasonable search without adequate suspicion that they used drugs. Scott, who suspended drug testing for state employees in June, said he will appeal Thursday's ruling.
(Excerpt) Read more at nbcmiami.com ...
TOPICS: Constitution/Conservatism; Culture/Society; Extended News; US: Florida
KEYWORDS: abuse; drugs; florida; test; warondrugs; wod; wodlist; wosd
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1
posted on
04/26/2012 1:22:15 PM PDT
by
redreno
To: redreno
saying the governor showed no evidence of a drug problem at the agencies to warrant suspicionless testing.Since when did that become the criteria for drug testing? All sorts of government departments and companies drug test and I've never heard that they had to prove an existing drug problem existed. This ruling sounds like something that will be overturned rather easily.
To: redreno
That's a bummer. By the way, I hold Gov. Scott in high regard. I met him a couple weeks ago at the airport and got my picture taken with him. I sent him a thank-you email letting him know I appreciated him taking the time to speak with me. I got a handwritten thank you note back (short and to the point):
Pretty cool to get that in this day and age.
3
posted on
04/26/2012 1:34:47 PM PDT
by
Dan Nunn
(Support the NRA!)
To: redreno
In general, I've changed my mind about drug laws and find myself agreeing with Milton Friedman: that making drugs illegal does more harm than good. More people become addicts and die because of the laws than if there were no drug laws.
http://www.youtube.com/watch?v=8E3jDdNTFXE
4
posted on
04/26/2012 1:36:08 PM PDT
by
PapaNew
To: redreno
Judge kudos...less government is better
5
posted on
04/26/2012 1:40:12 PM PDT
by
stuartcr
("When silence speaks, it speaks only to those that have already decided what they want to hear.")
To: Longbow1969
Appeal it Rick, don’t wimp out now. All government employess ought to have this as part of the test for determining if they meet requirements to hold public trust.
6
posted on
04/26/2012 1:48:39 PM PDT
by
izzatzo
(Just beat Obama.)
To: Longbow1969
I don’t know how this squares with either the military drug testing policies, or the Department of Transportation policies of randomly testing flight crews.
7
posted on
04/26/2012 1:48:55 PM PDT
by
ALPAPilot
To: izzatzo
8
posted on
04/26/2012 1:49:45 PM PDT
by
izzatzo
(Just beat Obama.)
To: redreno
Yes, the Government shouldn’t be allowed to drug test people without reasonable suspicion, even it’s own employees.
This says nothing about private drug testing of course. Also says nothing about whether the Judge did this out of partisanship.
To: redreno
I’m of two minds on this. I despise the war on drugs and every manifestation of it. OTOH, let the people who rule over us feel the heavy hand of government regulation in fighting that ‘war’.
10
posted on
04/26/2012 1:53:55 PM PDT
by
Ken H
(Austerity is the irresistible force. Entitlements are the immovable object.)
To: Ken H
The bigger picture is that state and federal courts have shot down too many reforms from the FL legislature.
From charter schools, to state employee contributions to their retirement/health care, drug testing in order to receive state benefits . . . a court has stood in the way of fiscal and morality based reforms.
11
posted on
04/26/2012 2:14:08 PM PDT
by
Jacquerie
(No court will save us from ourselves.)
To: redreno
No drug testing (certain people), Exempt from the Health Care Law.....(certain people) ... Gee, It must be nice to work for the Government these days.
To: PapaNew
making drugs illegal does more harm than good. Indeed. Let's stop channeling hyperinflated profits into criminal hands.
13
posted on
04/26/2012 2:41:08 PM PDT
by
JustSayNoToNannies
(A free society's default policy: it's none of government's business.)
To: JustSayNoToNannies
"making drugs illegal does more harm than good." "Indeed. Let's stop channeling hyperinflated profits into criminal hands."
Yes; and let's tax the Legalized drugs at about 400%, because unless a TAX can be had, they will legalize NOTHING.
Why do you think they don't ban cigarettes or liquor?
14
posted on
04/26/2012 2:52:36 PM PDT
by
traditional1
(Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
To: traditional1
I fully expect that legal drugs would be taxed, and I'm OK with that.
15
posted on
04/26/2012 2:56:03 PM PDT
by
JustSayNoToNannies
(A free society's default policy: it's none of government's business.)
To: traditional1
Seriously, though, I think illegal use of drugs (heroin, cocaine, mj, meth) pales in comparison to the abuse of legal prescription anti-depressants and pain killers, etc.
16
posted on
04/26/2012 3:02:20 PM PDT
by
djf
(Life's a play, we're actors not authors, and nobody even cared to give us the script!)
To: redreno
i guess that means no place else can do it either... please
17
posted on
04/26/2012 4:07:56 PM PDT
by
Chode
(American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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18
posted on
04/26/2012 5:04:41 PM PDT
by
TheOldLady
(FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
To: redreno
Every employer in the country is allowed, under law, to have mandatory drug testing. Even WalMart drug tests applicants.
But the government can’t? No - we can’t be accountable in any way.
19
posted on
04/26/2012 5:18:31 PM PDT
by
TheBattman
(Isn't the lesser evil... still evil?)
To: Chode
i guess that means no place else can do it either The Constitution limits government, not any place else.
20
posted on
04/27/2012 12:03:46 PM PDT
by
JustSayNoToNannies
(A free society's default policy: it's none of government's business.)
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