Rick Scott Drug Testing Executive Order Ruled Unconstitutional By Federal Judge

A federal judge has ruled that Florida Gov. Rick Scott (R) violated the Constitution last year when he ordered drug testing for state government workers.

U.S. District Judge Ursula Ungaro ruled on Wednesday that suspicionless drug testing testing for state workers violated the Constitution's Fourth Amendment ban on unreasonable search and seizure. Scott had suspended his order after it had been challenged by the Florida chapter of the American Civil Liberties Union and the American Federation of State, County and Municipal Employees, which represents about 40,000 of the 85,000 state workers who would have been affected by the order.

"The Governor can't order the state to search people's bodily fluids for no reason -- the Constitution prohibits that sort of government intrusion," Howard Simon, director of the Florida ACLU, said in a statement. "And the Governor can’t demand that people surrender their constitutional rights for the privilege of working for the state or receiving some other government benefit."

Scott said Thursday he would appeal the ruling, according to the Florida Times-Union. "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."

While there is a public interest in a drug-free workplace, Ungaro wrote, Scott's order was too broad, given the narrower interests the Supreme Court has said justify suspicionless drug testing.

"The [executive order] does not identify a concrete danger that must be addressed by suspicionless drug-testing of state employees, and the Governor shows no evidence of a drug use problem at the covered agencies," Ungaro wrote.

The ruling represents the second constitutional rebuke to Scott over drug testing, who last year signed a law to test welfare recipients. U.S. District Judge Mary Scriven halted the drug testing with an October injunction, finding that a welfare applicant represented by the ACLU who challenged the law would likely win his case on constitutional grounds.

Ungaro's order bodes poorly for a Republican-sponsored bill to drug test state workers that recently passed the Florida state legislature. Derek Newton, a spokesman for the Florida chapter of the ACLU, suggested in February that his group would be happy to sue again.

"We have gone to court twice in the last year to challenge suspicionless drug testing," Newton said, "and if the state continues to enact policies to require people to be subject to government search and seizure without suspicion, I would not be surprised at all if that's something we continue to oppose."

This story has been updated to include comment from the Florida ACLU's Howard Simon.

Also on HuffPost:

Comments

[Pferdefreund]

08:57 PM on 01/15/2013

The T baggers don't know the Constitution or the bible. They only pick and chose passages that serve their purpose of controlling people.

[tinka]

01:28 PM on 07/11/2012

Mr. Scott exceeds expectation when it comes to healthcare scandals. Columbia/HCA, the company he ran for 10 years paid a record $1.7 billion in criminal and civil fines for Medicare fraud. Add the drug testing laws, (mandatory testing for state employees and welfare recipients) he sponsored which directly benefited his wife’s drug testing clinics and I’m sure if anyone digs deep enough, he will also personally benefit from closing this hospital.

[ericinkw]

09:45 AM on 04/30/2012

Rick Scott's brazen ploy to legalize this kind of drug testing only serves to enrich himself through his wife's chain of drug testing facilities. After having elected this felon to office, voters should be ashamed of themselves for electing someone who was guilty of Medicare Fraud. He attempted to fleece the US government of Billions while pretending to pass an unconstitutional law that would benefit his wife. Shame!

[Pferdefreund]

08:50 PM on 01/15/2013

Excellent and true comment F & F

[George Norman]

12:46 AM on 04/28/2012

Random testing that private sector employers use should be stopped too. Although the Constitution does not offer protection from these test, the Fair Labor and Standards Act does. Unless an employee is being paid at least minimum wage X 24 X 7 + OT his employer, who does random testing, would be in violation of the FLSA. An employee can not be required to follow an employer's policy, which the employer is benefiting from, while off duty and without compensation. This is defined as hours worked. Employers need to leave law enforcement to the police, morals to priest, and focus on their own business and customers.

[justasimplegirl]

05:23 PM on 04/27/2012

How is this going to effect all the drug testing required by other employers? It will be interesting.

[mburgh]

04:17 PM on 04/27/2012

At least something still works in our ailing nation.

[ThursdaysChild]

03:28 PM on 04/27/2012

I think Rick Scott's the one on drugs.

[nettwench]

07:20 PM on 04/27/2012

He's got a lot of chutzpah to treat gov't employees like criminals, when he's one himself!! Yeah right, Republicans are the party of Freedom and Liberty!! Right after you pee in this cup!

[sal ear]

02:49 AM on 04/28/2012

He's such a TOAD! & He is a freakin' criminal! - MEDICARE FRAUD! Shame on the Floridians who voted for this creep! (not me, that's for sure!)

[l78lancer]

02:44 PM on 04/27/2012

No money for his buddies in the private sector to skim of the government for these tests. No money paid out of pocket from people who are already financially strapped and who don't need to be further humiliated.

The People..........................1
Scott and the TGOP............0

[FunkyP]

09:23 PM on 04/27/2012

Not to be picky, but the company Rick Scott 'gave' to his wife runs a series of walk in medical clinics in Florida.
Why yes, they do provide drug testing services, how did you guess?
Rick was trying to force 40,000 new customers his company's way.

[l78lancer]

10:31 PM on 04/27/2012

That's not picky at all. That's HUGE. Nice catch.

[l78lancer]

02:37 PM on 04/27/2012

The constitution rightly prevails for now over a silly rightwing paranoid mandate. Because so many states want to boneheadedly follow, and the Republican lead house is winking in the same direction, this is certainly bound for the SC, however.

[nazztea]

04:59 PM on 04/27/2012

Meanwhile, the states bemoaning their lack of funds for healthcare and education will gladly pony up money to fight this in court.

[l78lancer]

05:37 PM on 04/27/2012

Florida may fight it, but drug testing for unemployment benefits has nothing to with funding health care either at the state or federa level. That's a false equlvalency. They could take the money used to fight a losing fight and do something beneficial - like pay towards health care.

[elbeas]

02:59 PM on 04/28/2012

Faved.
Off topic, but like your Avatar (Baron Wulfenbach).

[Tre Members]

02:34 PM on 04/27/2012

I'll never understand people who live in these beautiful locales- it seems like the only law in Florida would be "enjoy yourself." Except for the occasional hurricane, you live in a paradise- what's wrong with you people? Seems like you would be more interested in eating, drinking and being merry, but no! You're interested in guns, racism, putting incompetents in power and other unnecessary BS?

[Q Boy]

02:27 PM on 04/27/2012

Someone quick hide the drawing board no telling what he will come up with next.

[RepublicanDepression]

02:24 PM on 04/27/2012

2 seconds ago (11:23 PM)
"U.S. District Judge Ursula Ungaro ruled on Wednesday that suspicionless drug testing testing for state workers violated the Constitution's Fourth Amendment ban on unreasonable search and seizure. Scott had suspended his order after it had been challenged by the Florida chapter of the American Civil Liberties Union"

Why do Republicans hate privacy so much?

[nettwench]

07:23 PM on 04/27/2012

Privacy is just for rich people!

[joehay2]

02:18 PM on 04/27/2012

Scott is a sociopath and Florida has to suffer for electing him.

[sal ear]

03:01 AM on 04/28/2012

It enrages me! I am a Floridian & I didn't vote for him - but apparently others did!

This (his election as Governor) is a sign (and an example) of the malaise & stupidity which has afflicted US Citizens. The Citizens (JMHO!) are stupid & greedy, just like the Pols & Big Biz.....it's a sad state of affairs....

I hope R Scott slithers back under a rock soon.

[whyus]

01:26 PM on 04/27/2012

Good news.....a bit of justice there.

[SuperhighMe]

01:00 PM on 04/27/2012

When are we going to drug test ALL elected offficals? Federal,state,local

[syllepsis]

04:03 PM on 04/27/2012

test the people in the forensic labs too

[SuperhighMe]

06:09 PM on 04/27/2012

huh?

[sal ear]

03:01 AM on 04/28/2012

Why not?