ACLU files suit against Rick Scott regarding drug testing order

Upon signing the bill on Tuesday, Scott said,

"The goal of this is to make sure we don't waste taxpayers' money. And hopefully more people will focus on not using illegal drugs."

But Flamm disagrees.

“It is an unnecessary and costly invasion of the basic privacy and dignity of all state workers to force us to submit to tests of our bodily fluids with absolutely no just cause. For those of us who do our job well, it’s an affront to suggest we may be abusing drugs just because we work for the state.”

The civil liberties organization says Governor Scott’s Executive Order directed all state agencies under the direction of the Governor to develop plans to allow drug testing existing state employees at least quarterly. But they also claim that such an order has already been declared unconstitutional by a federal judge in a 2004 case, prompting ALCU of Florida Executive Director Howard Simon to say:

“I’m not sure if Governor Scott does not know that the policy he ordered has already been declared unconstitutional or if he just doesn’t care. But I do know that the state of Florida cannot force people to surrender their constitutional rights in order to work for the state.”


A day after Governor Rick Scott signed into law a bill that requires people applying for welfare benefits to undergo a drug test, the ACLU of Florida is fighting back, announcing this morning that they have filed a lawsuit on behalf of a research scientist, Richard Flamm, who works in Saint Petersburg, Florida, as a
research scientist for the Florida Fish and Wildlife Conservation Commission.

Although the bill targets those on welfare, the ACLU is taking the more expansive approach that the state will subject all state workers to such tests.

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