Federal Judge Hears Testimony On Welfare Drug Tests
Monday, September 26, 2011
By: Tom Parkinson

Sept. 26, 2011 | WMFE - A federal court judge in Orlando is hearing arguments about the constitutionality of a new Florida law requiring applicants for welfare assistance pass a screen for illegal drugs.

The Florida chapter of the American Civil Liberties Union filed a class action suit aiming to strike down the law.

It names a 35-year-old unemployed Orlando Navy veteran as the lead plaintiff.
Luis Lebron is unemployed and is currently a student at the University of Central Florida. He is supporting his 4-year-old son and living with his disabled mother.

His attorneys say Lebron qualifies for state welfare assistance but he refused to take the drug test believing it to be a violation of his rights. Lebron says he has never abused drugs.
His attorneys argue that by applying for welfare aid in Florida, applicants are being forced to forfeit their constitutional right against unlawful search.

U.S. District Judge Mary Scriven is hearing arguments against the law today from the ACLU attorneys. Lawyers for the state Department of Children and Families are defending the new law.

DCF recently reported that about 2.7 percent of welfare applicants had tested positive for illegal drugs.  Supporters of the drug tests say that figure illustrates that the new law is acting as a deterrent. They maintain that without the tests, taxpayers will be supporting the illegal drug habits of welfare recipients.

The ACLU is asking Judge Scriven to issue a preliminary injunction to stop the tests. The judge has not indicated when she will rule in the case.

Democratic State Senator Arthenia Joyner of Tampa has filed legislation to repeal the law.