Judge: Fla. worker drug testing unconstitutional

Florida Governor Rick Scott on November 14, 2011, in Miami, Florida. / Getty Images

(AP) MIAMI - A Miami federal judge has declared that Gov. Rick Scott's order requiring drug testing for state workers is unconstitutional.

U.S. District Judge Ursula Ungaro ruled Thursday that blanket testing of some 85,000 workers violates the Fourth Amendment ban on unreasonable searches and seizures. The ruling could eventually have an impact on a new state law also permitting random worker drug testing.

Scott's order was challenged by a labor union representing government workers and the American Civil Liberties Union. They contended that drug testing should only be done if there is a suspected problem and in safety-related and high-risk jobs.

Lawyers for the governor contend that objecting workers are free to quit and job applicants could choose to find employment elsewhere.

Scott suspended the order in June because of the lawsuit.

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[pr_boxer]

This was "blanket testing" of all existing employees with no grounds necessary, of course its unconstitutional. Plus its corrupt, its a pay off, or payback to the testing agency. Rick Scott should be recalled.

[Rachel262]

TO: pr_boxer

Well, he's not being recalled! So, too bad! Good for Gov. Scott for having the fortitude to do the right thing.

[PrideInCountry]

Isn't that "testing agency" owned by Scott's wife?

[credibility2]

As a taxpayer I want to know for certain if one the government employees my taxes pays a salary to is drugged up and incapable of functioning. This is a field day for the loser government workers who can continue doing their drug thing. Government works have too many rights and need to have them stripped away.

[PrideInCountry]

I bet you listen to Rushdruggie every day.

[displeased2]

So you would rather waste taxpayer dollars blanket-testing everybody? How will that save money?

[hsinco-2009]

Well, since Rick Scott makes money (or is it his wife?) on these drug tests, no wonder he is pissed.

[fredrickh]

Maybe it's only 2% positive because the ones on drugs are afraid to take the test - so the system is working. Until working people don't have to take the tests for employment then the non working class should not be exempt either.

[nehicks]

If a private company can require drug testing before hire, and random drug testing during employment, which has not been called unconstitutional, why can't a state?

[tomanyt]

This is state government...not the private sector. The private sector can do what it wants.