Drug testing for welfare heads for Senate vote

Drug testing for welfare heads for Senate vote

By Laura Leslie

A proposal to require WorkFirst applicants to pay for drug testing is headed for a vote on the Senate floor after receiving party-line support in the Senate Health committee Wednesday.

Senate Bill 594 would require all applicants for TANF, known as WorkFirst in NC, to pay upfront for testing for all controlled substances. If they're negative, they would be reimbursed for the tests. If they test positive, they would be ineligible for benefits...

read more: http://www.wral.com/drug-testing-for-welfare-heads-for-senate-vote/12350755/

First it was background checks on Food and Nutrition benefits in NC. Now drug testing. First it was a War on Women, now it's a war on poor and aged. This is reprehensible.


The same law was passed in Florida and then overturned in court.

"The 11th Circuit Court of Appeals in Atlanta sided with a lower court decision, stating that Florida failed to show that the drug testing plan was so critical that the Fourth Amendment, which bars unreasonable searches by the government, should be suspended."

"In authoring the court’s opinion, Circuit Judge Rosemary Barkett said that Florida had not proven that its drug-testing program serves a “special” or “immediate” need, or that it even protected children in families with substance abuse.

“There is nothing so special or immediate about the government’s interest in ensuring that TANF recipients are drug free so as to warrant suspension of the Fourth Amendment,” Barkett wrote. “The only known and shared characteristic of the individuals who would be subjected to Florida’s mandatory drug testing program is that they are financially needy families with children.”

Florida had passed this same law in 1999-2000 and was rejected by the same courts on the same grounds.

Someone needs to make this point in the NC Senate or House to point out the futility and inherent unconstitutionality of the law. The NC document is built on the same ALEC supplied content and construction as the Florida law which has been struck down. The is absolutely no reason to assume it will pass legal review simply because the GOP dominated legislatures keep passing it.

Why the Mainstream Press in NC fail to remark on this aspect of its history I do not know. You would imagine they would jump at the chance to show what Fools these Morons Be. (apologies to W. Shakespeare).



if it could be done right, I've no problems with it. These people are on the dole and I hate to be supplying them with money or credits or whatever that they trade for cash to supply their habit. It would be nice if they had some treatment worked in with it, so we could hopefully free those using drugs. That would at least be one less factor (and for some maybe the only) reason they are on the dole altogether.

Tough call. but if you are taking public money they has to be some standards of conduct. We don't want to encourage shiftless, lazy, idle, drug addled lifestyles. Its not good for society or for the recipient.

You mistake the goal, the method, and the purpose of the law.

The court relied on a similar case in Georgia, which struck down the state’s program for requiring all political candidates to take drug tests. That case found that Georgia did not show that there was a drug problem among elected officials, and the law was mostly “symbolic.”

In the rejecting Florida’s appeal to the lower court's preliminary injunction, Barkett took a similar position.

“The State has presented no evidence that simply because an applicant for TANF benefits is having financial problems, he is also drug addicted or prone to fraudulent and neglectful behavior,” she wrote.

The ACLU's associate legal director Maria Kayanan said the ruling was a vindication for struggling families who apply for government assistance.

"The state of Florida can’t treat an entire segment of our community like suspected criminals simply because they are poor and are trying to get temporary assistance from the government to support their families,” said Kayanan, who was lead counsel on the case.

Source originally posted on Tuesday, Feb. 26, 2013.

Test the Senate first

They're on the public "dole" and they must be on drugs considering the stupid crap they call legislation.

Not even a tiny streak of libertarian in them.