A federal judge in Orlando on Monday gave Florida officials 14 days to respond to a lawsuit challenging the state's ability to drug-test applicants for temporary cash assistance.
Following testimony Monday morning, U.S. District Judge Mary Scriven refused to immediately issue an injunction barring the Department of Children and Families from conducting the drug screens for new applicants for Temporary Assistance for Needy Families.
A lawsuit filed by a University of Central Florida student, backed by the American Civil Liberties Union, is asking the federal court to strike down the law passed by Florida lawmakers earlier this year. Attorneys for Luis Lebron contend the blanket screenings are unconstitutional because they amount to suspicionless searches.
Scriven took the motion for an immediate injunction under advisement. She can rule on it before the 14-day extension she granted the state to counter Lebron's motion for class action status on behalf of other TANF recipients who must now pay for and pass drug tests before receiving cash benefits.
Lebron's attorneys argued that the state had no reason to suspect that he abused drugs. Lacking any concern over public safety, the state is barred from making such a presumption, they said.
"The governor and the Legislature sent their lawyers into court today to advance a very startling proposition. They argue that some Floridians, namely poor families with children who qualify for temporary public assistance, are not protected by the Constitution of the United States," said ACLU of Florida Executive Director Howard Simon.
The state countered that Lebron was allowed to seek benefits or not and he chose to forgo the federal assistance by not taking a test.
"No one forces an applicant to take the test. The plaintiff was notified of his right to refuse and has exercised that right," the state wrote in its initial response. "Because any invasion of the plaintiff's privacy rights is purely consensual, no search within the meaning of the Fourth Amendment's prohibition on unreasonable searches and seizures has occurred."
A U.S. Navy veteran, Lebron is a single, custodial father who is scheduled to graduate in December. He was denied benefits when he refused to take the test, which costs between $25 and $45.
Backers of the measure, including Gov. Rick Scott, say private businesses have been requiring such tests for years and government should be no different. A survey released last week by the Drug and Alcohol Testing Industry Association, a trade group for testing companies, found 57 percent of employers conduct drug tests on all job candidates.
Critics argue that recipients are being singled out based on a belief that poor people are more likely to use illegal drugs. They point out that other government programs such as student loans, Food Stamps and business grants do not require recipients to be screened for drug use.
So far, the state says only 2 percent of recipients have tested positive for illegal drugs, a failure rate that is below that of the general population. A 2009 study by the U.S. Department of Health and Human Services found that 8.7 percent of Americans age 12 and older reported using illegal drugs.
