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Rick Scott's State Employee Drug Testing Ruled Unconstitutional

Categories: Politicks
creepyrickscott.jpg
Fire up those spliffs, DMV workers of Florida: A Miami federal judge has ruled that Gov. Rick Scott's plan to randomly drug test all state employees is unconstitutional. Judge Ursula Ungaro ruled today that random tests of 85,000 state employees would be an unreasonable search and seizure and issued a permanent injunction against the order.

Scott had already halted the plan after the ACLU and other groups sued, but Ungaro's order could still impact a different attempt to authorize random drug tests signed by Scott last month.

Scott promised to appeal the ruling. He issued this statement about the judgment (via CNN):
"As I have repeatedly explained, I believe that drug testing state employees is a common-sense means of ensuring a safe, efficient and productive workforce. That is why so many private employers drug test, and why the public and Florida's taxpayers overwhelmingly support this policy. I respectfully disagree with the court's ruling."
But Ungaro notes that some departments within Florida that did random drug tests for more than three years found less than one percent of employees failed. That's a strong argument that putting the other 99 percent through drug tests is unconstitutional, she says.

"The fundamental flaw of the (executive order) is that it infringes privacy interests in pursuit of a public interest which ... is insubstantial and largely speculative," the judge writes, according to CNN. "The privacy interests infringed upon here outweigh the public interest sought. That is a fatal mix under the prevailing precedents."

Scott campaigned on the idea of drug testing pretty much anyone he could, but those policies have been spectacular failures so far.

His plan to drug test welfare recipients lasted all of four months before a court struck down the initiative; a more recent study showed the state spent more than $100,000 just to catch a tiny percentage of drug-test flunkers.

(Though the plan did spark a pretty great Daily Show sketch, so perhaps it was worthwhile.)

Scott signed a new attempt to drug test employees into law last month, but that plan is also likely to be challenged in court.

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15 comments
drakemallard
drakemallard topcommenter

After the 2000 debacle where the nation had to contend with hanging chads, ballots not being counted, more lawyering than anyone ever needs to deal with, and finally a U.S. Supreme Court ruling, you would think officials there would do all they can to stay out of the news

Ladydixie
Ladydixie

I agree that state workers should not be drug tested in that case though they can pay for 100% of their medical costs and pensions.  If Im not paying their salaries I dont care what they do.  But if they are on my dime, they need to pee in a cup.  take or leave it.  Gov Scott, keep up the good fight, alot of these lazy state workers are there due to their race, and they care little about doing a good job just collecting tax payer subsidized checks.  Get rid of them all.  

Ezveedub
Ezveedub

Random drug testing is simply being pushed to gain government contracts and money. Private companies have drug testing not because they want to, its their insurance companies that tell them they have to. You would be surprised who owns these testing companies. If I had an insurance company, I would own a drug testing company also. Then tell you you need to pay me for insurance and then have a policy that makes you have your employees drug tested from my company also, on a regular basis. Rick Scott passed this law and was trying to get his "buddy's" company the contract. Simply put, come with an ideology, pass a law, then get a contract that grabs tax money and puts it into private sector bank accounts, simple as that. 

http://www.palmbeachpost.com/m... http://blog.reidreport.com/201... 

Natalie
Natalie

Maybe Scott can use the hundreds of millions he fraudulently looted from Medicare to test the employees privately. 

Johnsmith
Johnsmith

LEGALIZE MEDICAL MARIJUANA IN FL!!!

seep
seep

heroin actually makes me a better worker; it makes me sedulous

Tpiroqjunk
Tpiroqjunk

Scott should focus on better hiring practices aligned to ensureing the most productive people are placed in government roles. Additionally, he should also focus on enusring that other triggers of engagement are managed, as it is these things that contribute to a more productive workforce. I would wonder, from his past, what the motivator is in the drug testing ... perhaps he has his hands in the till somehow with the company who is contracted to do these tests. Just saying ... don't trust his integrity ... can anyone say HCA?

954BOLD
954BOLD

Not a fan of the gubner but I see nothing wrong with drug testing state employees. I work for the utility company and we have random drug tests. Well I guess drug testing is a problem for does doing drugs. I think the judge made a mistake on this one. Policemen, firemen, pro-athletes, pilots, military personnel and plenty others are tested so whats the problem with the state employees??

Drake Mallard
Drake Mallard

 What? Wait, wait, so first you wash your hands in politics and now you want back in? That's called flip-flopping,

CAN WE DRUG TEST  ALL POLITICIANS?

Aaa
Aaa

fuck this guy

Anthonyvop
Anthonyvop

In what land of group hugs and equal wealth is drug testing of employees an unreasonable search and seizure?

Seriously?  

Giantchicken
Giantchicken

Do some research and see who owns the majority of the drug testing facilities in Fl.  Oh, he took them out of his name and put them in his w.... name? oh so thats ok then. since you seem racisist it probably wont matter to you anyway.

Goo
Goo

In America. Unreasonable search and seizure is referred to in the 4th amendment of The Constitution. Google it. 

Mature Black Woman
Mature Black Woman

 You are sooo right!!!! That racist has no idea how CORRUPT Rick Scott is! SOLANTIC Urgent Care was owned by this political thug and he has transferred ownership to his wife. Conflict of interest, nepotism, unethical, greedy, deceptive, etc.. Oooops,,sorry LadyDixie! People like you are usually voting against your own better interests, uneducated, and ignorant! You really think he's fighting for YOU? You're most likely NOT part of the 1%!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!  REALITY CHECK...HE DOESN'T CARE ABOUT YOU FOOL!!!!

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