Florida Worker Drug Testing Law Ruled Unconstitutional

MIAMI -- A Miami federal judge has declared that Gov. Rick Scott's order requiring drug testing for state workers is unconstitutional.

U.S. District Judge Ursula Ungaro ruled Thursday that blanket testing of some 85,000 workers violates the Fourth Amendment ban on unreasonable searches and seizures. The ruling could eventually have an impact on a new state law also permitting random worker drug testing.

Scott's order was challenged by a labor union representing government workers and the American Civil Liberties Union. They contended that drug testing should only be done if there is a suspected problem and in safety-related and high-risk jobs.

Lawyers for the governor contend that objecting workers are free to quit and job applicants could choose to find employment elsewhere.

Scott (pictured above) suspended the order in June because of the lawsuit.



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mschroe477

Many people don’t realize that just because a City, Local Government, State, as well as Private Businesses that make Rules and Pass Laws or Ordinances, doesn’t make them Legal or Constitutional. Usually not until a Law or Ordinance is challenged by a person or group does its legality come into question. Fortunately Rules, Laws, and Ordinances are being challenged every day, but there is still a huge number that are restricting and have taken away our rights under the Constitution of the United States of America, The Bill of Rights, and the 14th Amendment Rights just to name a few. As long as people act like Sheep who don’t want to get involved, don’t want to make trouble, and think in the mind set of “I don’t want to make any waves and as long as I do as I’m told everything in my life will be alright,” our Civil Rights Guaranteed to the People by the U.S. Constitution are and will continue to be taken away from us until Democracy becomes a thing of the past. Throughout History, Governments have come and have eventually disappeared along with the civilization that had existed there. History seems to keep repeating itself again, again and again. Once the Patriot Act was put in place in the name of fighting Terrorism, it’s here to stay along with added restrictions taking away more and more of our Civil Rights. Anyone can now be strip searched at the will of Law Enforcement regardless of what a person may have or may not have done. Unless “The People” fight for and reclaim their Civil Rights and their Freedom, they will remain “SLAVES” of the Government Federally as well as State, City and Local. Will people continue to act like Sheep as well as bury their heads in sand choosing to wear blinders ignoring the FACT that they no longer have rights, they just think they do.

April 29 2012 at 3:31 PM Report abuse rate up rate down Reply
tmondero

To me random drug testing is an illegal search. As I see it it is like the cops coming to your house and saying, we have no proof but you might be doing something illegal so we better search your house just to be safe. It is for yours and our safety so it makes it okay. Or we know you are guilty of something so now you have to prove to us you are not. That is what drug testing is, they are saying you are guilty but pee in this cup to prove me wrong. Talk about loosing your 4th amendment rights.

April 29 2012 at 3:26 PM Report abuse rate up rate down Reply
S.E.S. USA

My state WA is on-board with pre-employment and random testing if you work for a private company. Why are State Workers not held to the same FEDERAL rules (Over 5 employees you Must have a Plan)?

April 29 2012 at 2:58 PM Report abuse rate up rate down Reply
stnycrk101

There should be a law that ALL politicians have to submit to drug testing. I imagine that a good majority of them would fail miserably.

April 29 2012 at 2:58 PM Report abuse +1 rate up rate down Reply
wiredfld

as A truck driver i've been tested for years, thats not good enough, I also get detained and searched several times A year. I've always said if they ever try to make this fair accross the board and test doctors lawyers polititians, and their wives it wont fly, it will be found unconstitutional in A heartbeat. I also have to show documentation almost daily. but thats still politicaly correct

April 29 2012 at 2:46 PM Report abuse rate up rate down Reply
Frank

If Drug testing is illegal for government workers then why do most companies in the private sector require it? Will that be changed too?

April 29 2012 at 2:34 PM Report abuse rate up rate down Reply
taxtwin

Let's test every politician. I'm sure they all have prescriptons for their "medications" but judging by the way the perform their jobs, they are doing some bad stuff. Let's ask them. I'm sure they will be willing to list every RX they are taking.

April 29 2012 at 2:16 PM Report abuse +1 rate up rate down Reply
nashvillebill

The problem is "law makers are exempt"...

April 29 2012 at 2:14 PM Report abuse +1 rate up rate down Reply
taxtwin

we need to test Scott's hair & find out what he's been taking.

April 29 2012 at 2:12 PM Report abuse rate up rate down Reply
titus2614

I get randomly tested , it sucks, but its part of my job.If welfare and unemployment recipiants got tested before they got assistance(my tax dollars!) it would seem a little fairer. I get tested and I work, they don't and they are not required to do anything .

April 29 2012 at 1:54 PM Report abuse +1 rate up rate down Reply

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