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Rachel Bloom

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Drug-Testing Welfare Recipients: A Trend With No Traction

Posted: 03/ 8/2012 2:37 pm

In the last few days there's been a lot of national attention paid to legislation introduced in over 20 states proposing drug testing applicants and recipients of public benefits. Last week, USA Today ran a piece highlighting this disturbing trend and the Associated Press ran another story last weekend. Both of these pieces highlighted the ACLU's work nationwide, on the ground in state legislatures and in the courts, to stop these nefarious laws from going into effect.

Both articles talk about the dozens of states where these bills have been introduced, but they both neglect to mention a key point: two months into the state legislative session, not a single welfare drug testing bill has passed into law. In fact, in state after state these bills are dying, in part due to the high costs of implementing such laws. Virginia decided that spending $1.3 million in the first year of implementation to create a drug testing program was just too much for a program that was projected to save the state only $229,165 in its first year.

There are other problems with the bill as well, perhaps most concerning that they target poor people for unconstitutional privacy violations without any proof that it's necessary. As the ACLU's Jason Williamson told USA Today, the proposed laws inaccurately suggest that people on welfare use drugs more than others. He went on: "This exemplifies the extent to which folks are willing to scapegoat poor people when it suits political interests… Subjecting people who are receiving public benefits to government intrusion, and the singling out of poor people in this country under the guise of saving money is worrisome to us."

So far, the courts agree with us as well. We've written here before about the case of Luis Lebron; he's the single father, full time student and Navy veteran who cares for his young son and disabled mother. Luis also happens to live in Florida, the state which passed the most extensive welfare drug testing law in the country last year. Luis refused to give up his privacy and submit to a drug test in order to access welfare and, with the assistance of the ACLU of Florida, sued the state to stop this unconstitutional law. We won the preliminary ruling and a judge stopped the Florida law from being implemented.

Unfortunately the state of Florida would not stop there and appealed the decision. Last week, the ACLU of Florida filed our response to the 11th Circuit Court of Appeals. We are prepared to keep fighting this case and these proposed laws, as long as necessary.

 

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In the last few days there's been a lot of national attention paid to legislation introduced in over 20 states proposing drug testing applicants and recipients of public benefits. Last week, USA To...
In the last few days there's been a lot of national attention paid to legislation introduced in over 20 states proposing drug testing applicants and recipients of public benefits. Last week, USA To...
 
 
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01:11 PM on 03/25/2012
Republicans, who often use drugs, are not championing bills to drug test welfare moms. The bills fail to require that the authors and suporters of these bills be drug tested themselves. These bills also require that welfare moms pay for the drug test, which can cost about $35 or more. This is a Republican tax on poor families applying for welfare.
08:03 PM on 03/09/2012
I think everybody who takes public money (MY taxes) should be drug tested. People on welfare, government officials, teachers, bus drivers, police, fire, etc. They can drug test me if they want. I have nothing to hide.
07:43 AM on 03/12/2012
gree to drug testing, just be sure to make allowances for those on drs. medication
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Grumpy Man
Disappointed idealist
08:11 AM on 03/12/2012
Problems:

Some of the laws being proposed don't automatically remove recipients from the welfare roles. Instead they direct them to seek counseling... paid for by the tax payers.

Drug test are most likely to identify marijuana users since THC remains in the system much longer than residuals from other drugs like cocaine, opiates, etc... I don't know how you feel but I believe marijuana should be legal.
HUFFPOST SUPER USER
katgal1232
in and out of the garden he goes
09:47 AM on 03/12/2012
pot is good
12:25 AM on 03/09/2012
Please explain to me the rationale for drug testing welfare applicants. Does a citizen have to prove innocence from crime prior to receiving funds from taxpayers? If so, the equal protection clause of the 14th amendment of the constitution means that corporations have their own whiz quizzes to pass before getting their handouts from the public coffers, right?

The 14th amendment may be our last chance to turn it back around.
07:45 AM on 03/12/2012
the 14th amendment was meant to be misused, i dont know about you , but i dont want to pay for drug addicts or criminals, how about you?
HUFFPOST SUPER USER
katgal1232
in and out of the garden he goes
09:48 AM on 03/12/2012
how are you paying for drug addicts?
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Grumpy Man
Disappointed idealist
08:18 AM on 03/12/2012
I typically argue against drug testing for welfare recipients as noted above. However, in response to your post I would note that no one has a constitutional "right" to welfare. If someone doesn't want to take a "wizz quiz" they can choose to not apply for or receive welfare. Therein, no life, liberty or property is being "taken" from anyone and due process is not being denied.
11:14 AM on 03/12/2012
In response to lipz as well, the equal protection clause is enshrined in the constitution, which is not just a piece of paper. Therefore, if citizen A must meet a standard, then citizen B must meet the same standard. It's that simple. However, if one believes that fictitious citizens have rights greater than real citizens do, and that the constitution was thus amended solely for the benefit of corporations, and that only people need to prove innocence of wrongdoing prior to receiving taxpayer funds, then one does not really believe in life, liberty, the pursuit of happiness, or that the government is of, by, and for the people.

If I must prove innocence in advance to receive money from the government, then so must Haliburton, BP, GE, Westinghouse, etc. That's what equal protection means.
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Jim Pasterczyk
Banned!
11:29 PM on 03/08/2012
So e.g. the infant children of drug using welfare recipients should be, what, allowed to starve?
George Picard
Send lawyers, guns and money
06:56 AM on 03/09/2012
If you are using drugs then maybe you shouldnt have kids.
HUFFPOST SUPER USER
Jim Pasterczyk
Banned!
04:05 AM on 03/10/2012
Which comes first, the kids or the drug use?
07:46 AM on 03/12/2012
there's a thought
08:24 PM on 03/08/2012
Another thing is that if you decriminalize drugs, then the price to obtain them will be significantly reduced. No liberals, not legalization so you can skim tax money and drive the price right back up, but decriminalization.
08:20 PM on 03/08/2012
"As the ACLU's Jason Williamson told USA Today, the proposed laws inaccurately suggest that people on welfare use drugs more than others."

I think the suggestion is more accurately that if you are poor you need to be taking steps to get yourself off the dole, rather than chasing the next high.
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katgal1232
in and out of the garden he goes
09:51 AM on 03/12/2012
We will leave you alone, your thought process leaves much to be desired.
08:20 PM on 03/13/2012
Anything substantial to add?
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HUFFPOST SUPER USER
offred
A biocitizen is 3/5 of a corporate citizen
07:48 PM on 03/08/2012
"In fact, in state after state these bills are dying, in part due to the high costs of implementing such laws. Virginia decided that spending $1.3 million in the first year of implementation to create a drug testing program was just too much for a program that was projected to save the state only $229,165 in its first year."

Has anyone asked who stands to profit by mandating these tests? Bring the supporters of such legislation in front of a Senate committee, put them under oath, and ask them what medical companies/corporations would be providing these services and would stand to profit by such legislation.

Read the link below for a revealing news article:

"One of the more popular services at Solantic, the urgent care chain co-founded by Florida Gov. Rick Scott, is drug testing, according to Solantic CEO Karen Bowling.

"Given Solantic's role in that marketplace, critics are again asking whether Scott's policy initiatives - this time, requiring drug testing of state employees and welfare recipients - are designed to benefit Scott's bottom line.

"The Palm Beach Post reported in an exclusive story two weeks ago that while Scott divested his interest in Solantic in January, the controlling shares went to a trust in his wife's name."

http://www.palmbeachpost.com/money/gov-rick-scotts-drug-testing-policy-stirs-suspicion-1350922.html?printArticle=y
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Jim Pasterczyk
Banned!
11:31 PM on 03/08/2012
"the controlling shares went to a trust in his wife's name." Keeping it in the family; how quaint. Making it look like it's been doubly washed, first by going to a trust, second that the trust is in his wife's name. As if he wouldn't personally financially benefit from it nevertheless.
07:43 PM on 03/08/2012
Look, we are completely missing the point. The American public has been bamboozled. The argument is always about those so called "welfare people." We need to look more closely at who these so called welfare people are. We need to look more closely at the, "middle class," self employed that appear to be using our tax dollars to subsidize their "retirement" plans. Of course they still want to maintain their "middle class lifestyle," ie expensive homes; two luxury vehicles in the garage etc. Let's face it ssi and ssa pay's all their medical bills so what do they care!!! We need to look more closely at these people that are hiding assets in bank safe deposits and claiming questionable injuries that make them eligible for ssi or ssa.

It appears to have become a cottage industry that we the tax payers are on the hook for. These are the same people arguing for less government and against so called "Obama care."

Let's face it if you are getting a "free ride," you can afford to belong to these radical groups...at tax payer expense.
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HUFFPOST SUPER USER
Valerie Buchanan
Breakfast of Champions = Cold Pizza & Hot Coffee
06:08 PM on 03/10/2012
Based on reading your entire post, I am seriously curious as to exactly who it is that you consider to be 'welfare people'.

Throughout your post you make references to Social Security which is not welfare. I am on Social Security Disability and do not consider myself to be on welfare. I've worked most of my life and paid into it, I had already exceeded the required units to retire at the time I was determined to be disabled, I just didn't want to wait until I was 65 to file for Social Security Retirement. Actually I wanted to keep right on working but couldn't because I had been seriously injured in a job related accident.

I know full well that HuffPost only allows comments to be a certain length which prohibits being able to fully explain ones position on an issue. This results in misunderstandings as to what a person is talking about sometimes.

Which is why I have my HuffPost account "shared" with my Blogger account so the issue can be further discussed without limitations or restrictions. Even though we are [supposedly] no longer able to post a link to the "shared" blog with our posts.
07:48 AM on 03/12/2012
well said
lofttypeofaview
I pledge allegiance to the poor!
05:50 PM on 03/08/2012
Virginia decided that spending $1.3 million in the first year of implementation to create a drug testing program was just too much for a program that was projected to save the state only $229,165 in its first year.

This is actually a great idea because if the 1% want this law, then they can provide the funds for it and the poor can bankrupt them by passing the test.
HUFFPOST SUPER USER
ez14livin
05:08 PM on 03/08/2012
dagnabbit...

teacons got to hate it when the control factor they so desparately want actually costs money
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HUFFPOST SUPER USER
Honey Bucket
04:58 PM on 03/08/2012
Thank god for ACLU. Now please get into the fray regarding reproductive rights that states are trying to take away or make so difficult for women to access.
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HUFFPOST SUPER USER
oldgraymare
Congress is the opposite of Progress
04:24 PM on 03/08/2012
Hooray for the ACLU!! I sure hope y'all can keep up the lawsuits until the idiots who passed these laws get wised up. I've never had to be on state assistance, and probably never will - but I feel for those who are. Y'all can count on me for a donation.
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pghken
consider the source
04:01 PM on 03/08/2012
maybe we should drug test everyone holding public office too since they're getting government money too
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pooka47401
Reality is the leading cause of stress!
03:44 PM on 03/08/2012
The solution for the Cost of Drug Testing is obvious. It has been used in other settings, require the person pay upfront for the testing and tell them that the State will reimburse them.This has been done for those seeking unemployment benefits. Those who seek abortions, in Virginia, have to pay for the Ultrasound up front. The ultrasound costs as much or more than the procedure. If you know that the person is low income, hit them where they can't fight back, in their pocket book.

I never thought, in America, that a citizen would be assumed Guilty until proven Innocent of a charge pulled out of the air with no basis in fact. Um, oh yeah, Gitmo.
03:31 PM on 03/08/2012
These laws will get those liberal druggies off the streets.