A Florida federal judge has decided that Governor Rick Scott’s decision to require drug testing state workers is unconstitutional. Scott previously attempted to require drug testing for welfare recipients last year before suspending the law after a lawsuit from the American Civil Liberties Union.
The ACLU claims that testing state employees is in violation of the Fourth Amendment, which protects citizens from unreasonable search without adequate suspicion. Scott argues that the drug tests is “a common sense means of ensuring a safe, efficient, and productive workforce.” His statement said, “That is why so many private employers drug test, and why the public and Florida’s taxpayers overwhelmingly support this policy.”
According to NBC Miami, the “Attorneys for the governor’s office had argued there is adequate statistical evidence in years of national studies about workplace drug use and its dangers to justify the order. They also reasoned that employees aren’t being forced to take state jobs and that they can find employment elsewhere if they don’t want to be drug tested.”
Well, if that isn’t a valid argument, then I don’t know what is. This debate in Florida (and recently in Georgia over drug testing welfare recipients) seems like a silly one. The Constitution says that people should not be subject to unreasonable search and seizure, but I don’t find it unreasonable to ask employees or recipients of state welfare money to pass a drug test. By joining the NCAA, you are subject to their rules, which may include drug testing. By working for a company, you subject yourself to their guidelines whether they include drug testing or not. If you receive money from your state, a simple drug