Scott Drug-Testing Law Possibly Illegal?

Last week Gov. Rick Scott signed an executive order that requires drug testing for many current state employees and job applicants. Not only is this mandate proving to be an unethical, self-serving, yet lucrative career move for the Scott family– but turns out it also possibly violates the U.S. Constitution.

According to the Miami Herald,

“Federal courts generally have ruled that such policies violate the U.S. Constitution’s Fourth Amendment right against unreasonable searches, say attorneys and legal scholars.

“You can’t do blanket tests like that. They’re facially unconstitutional,’’ said Ephraim Hess, a Davie attorney who prevailed over the City of Hollywood in April 2000 when U.S. District Court Judge Kenneth L. Ryskamp ruled that governments cannot require prospective employees to take drug tests unless there is a “special need,’’ such as safety. Ryskamp’s ruling led other South Florida cities, such as Pembroke Pines, to abandon their policy of drug testing all job applicants.

Random drug-testing of current government workers also has been limited to those in jobs that affect public safety and to cases where a reasonable suspicion of abuse exists, according to a December 2004 federal court ruling in a case that involved Florida’s Department of Juvenile Justice.

In that case, U.S. District Court Judge Robert Hinkle ruled that the DJJ violated the Fourth Amendment in ordering random drug-testing of all the agency’s 5,000-plus employees.”

This measure could end up affecting up to 100,000 workers that answer to the governor.

As I mentioned above, all of this could be very profitable for Solantic– a chain of urgent care centers founded by Rick Scott in 2001. Apparently one of the services provided by Solantic is drug testing and Rick Scott’s wife currently holds his $62 million stake in the company.

Gov. Scott is also hoping to pass legislation that requires all welfare applicants to perform drug testing, as well. This measure could affect up to 58,000 people.

 

Read more: http://www.miamiherald.com/2011/03/27/2137314/gov-rick-scotts-drug-testing-order.html#ixzz1HvCKXTLE

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