Government

Welfare Drug-Test Challenge a Legal Long Shot

Public assistance programs are not 'unconditional entitlements,' experts say
By: Kenric Ward | Posted: June 8, 2011 3:55 AM

Prescription pillsCredit: Shutterstock- Dr.OGA
An ACLU challenge to Florida's drug-testing of public-assistance recipients is a legal long shot with huge financial implications, two welfare experts say.

"There is no constitutional right to receive welfare benefits, and most of these programs are not unconditional entitlements," said Robert Rector of the conservative Heritage Foundation in Washington, D.C.

"To contest this is to contest the basic principles of welfare reform, and to argue that anyone is entitled to receive benefit from over 70 programs, irrespective of their behavior."

The American Civil Liberties Union of Florida, which has already filed suit against Gov. Rick Scott over a requirement that government workers undergo drug testing, says it may sue over the state's newly enacted welfare provision, as well.

ACLU-Florida executive director Howard Simon said, "What [Scott] is doing is giving ugly legitimacy to an unfortunate stereotype that has been in this country for a couple of decades -- that all welfare recipients are a bunch of drug abusers."

But Rector, noting that the national ACLU has even opposed metal detectors at airports, said drug testing is mutually beneficial to the state and the recipient.

"We know from past experiments that job training programs work better if people are drug-tested," he said, pointing to reduced drug use and greater self-sufficiency by program participants.

Recalling the Aid to Families with Dependent Children (AFDC) reforms that tightened rules during the Clinton administration, the Heritage researcher who specializes in welfare issues said, "We had groups saying the sky would fall and kids would starve. In fact, recipients responded more positively than anyone on the right or left imagined.

"For most part, they went out and looked for work. For those with drug problems, it forced them to deal with the issue."

To opponents' contention that drug testing constitutes a Fourth Amendment violation of unreasonable search and seizure, or some form of profiling of recipients, Rector responded, "I don't think taxpayers should be required to give benefits to people using illegal drugs."

According to Scott, Florida's law, which takes effect July 1, requires the Department of Children and Family Services to conduct the drug tests on adults applying to the federal Temporary Assistance for Needy Families program. Recipients would be responsible for the cost of the screening, which they would recoup in their assistance upon qualifying.

Those who fail the drug test may designate another individual to receive the benefits on behalf of their children, and do not receive a refund for the test.

Jason Turner, a New York-based consultant on work and welfare issues, applauded the Florida law and attested to its legality.

"It's a good thing for TANF recipients to get ready to move into the labor force since a lot more employers are requiring drug screenings as a condition of employment," he said.

Turner said federal law permits states to mandate treatment for abusers and required drug testing for welfare recipients.

Noting that 70 percent of children in New York's foster care system have drug-addicted parents, Turner observed that mandatory testing "is one way society is saying [drug use] is not acceptable. It's one of the things you need to take care of."

While the ACLU fixates on personal "privacy" issues, taxpayer groups and the public at large are focused on containing the expense associated with operating 70 different welfare programs, the combined cost of which runs around $900 billion a year nationally.

Florida is driving the conversation, with a circulating Facebook post picking up thousands of "likes":

Comments (9)

working_class_hero
11:09AM AUG 17TH 2011
Obviously, this is a no-brainer. Fact is, the only reason this wasn't done long-ago is due to the reality that many welfare recipients will fail elicit drug use testing. As these are likely to be 'head-of-household' or 'guardians' of minors, stemming further support would be considered punitive to the charges (children/minors) of the illegal drug users. If you suggest the natural solution of placing the charges in care of other persons, they'll claim you're being disruptive of these 'families'. I'd counter, what's more disruptive - and destructive - of a family, than parents who insist that drugs are more important than their children?! If you want to end this endless cycle of impoverished conditions that you find in most marginalized families, insist that everyone on welfare also be held to some standard of acceptable behavior! But we already know that the poverty pimps will do whatever they can to perpetrate this socio-economic malaise...
Gary Goldberg
5:13PM AUG 9TH 2011
Time to OUTLAW the ACLU!
SYLVIA CROWDER
1:09PM AUG 16TH 2011
Time to outlaw ACLU - an amen to that
NormalUser
9:02PM JUN 8TH 2011
Well it should be legal and why not? We have to go through a drug test for a job and that is perfectly legal. Why should they just get free money without some more requirments? I have neighbors that are addicts, have welfare and EBT (foodstamps) here in california. they use their money for drugs, beer, anything else they want... they are still behind on rent... they spend their money at the casino also. There should be far more restrictions on getting welfare... the state does not have to help someone, you have help yourself before you can ask for help. If this helps the states get more people that need the help that is perfectly fine. Its that people take advantage of the system, because they think they can. The bad ones should get taken off of the system and smell the roses and get a job. This way when the state has less people on the welfare system it can save the states a lot of money in the long run.
Angry Citizen
5:54AM JUN 8TH 2011
The left just does not see ridiculous their argument is on this issue. They are suing to force taxpayers to pay for the drug habits of individuals who do not earn enough money to pay for it themselves. This is the ultimate slap in the face against hard middle class men and women who struggle to put food on the table daily. They obey the laws and are forced to subsidize those who do not. Beam me up Scotty!
christine sosa
4:11PM JUL 10TH 2011
I raised 3 kids on my own working 2 jobs. I couldn't get help because I was willing to work, go figure. I think all states should make people take drug tests. I am on temporary disability due to a surgery and went through hell to get help. I take pain medication and keep strict documentation of it. How hard is it to just do what is right? America is going to the dogs and all because people have poor morals, no integrity, and crappy characters. Get a job, get sober, and if you want help, help yourself first!
Tom Baxter
9:03PM JUN 8TH 2011
The 8th Circuit Marchwinski v. Howard case determined that drug testing was unconstitutional as a denial of due process as a requirement for receiving welfare. The Supremes may take a kinder look as they've determined that 3rd degree derived confessions are again legal. Personally I think drug testing should be a requirement for use of any public facility including roads.
Liberal left?
2:51PM JUN 8TH 2011
Don't think this will save the government any money at all. The governor (his wife technically, through a revocable trust) will get pretty rich off this. And the testings being paid for by the state. The amount paid in benefits won't be less, it will be paid to a 3rd party to hold, much like is done for persons of decreased mental capacity. More red tape, more bureaucracy and more money being spent, all so it can 'appear' like something is being done. Let them dig ditches, clean streets, pick up garbage along the highway. Pay-per-day. You show up, you work, you get paid. Don't show up? Don't get paid. There are a lot of legit people on welfare - most of them. But when we are spending $900B a year, we deserve REAL accountability and not some circle-jerk reactionary legislation. How hard is it to pass a $30 drug test... the only people this will weed out are the idiots who can't figure out how to pass a simple urine test.
anon
3:22PM JUN 8TH 2011
and these are exactly the people that need weeded out... idiots who cannot pass a drug test...