Monday, February 27, 2012

More Florida drug testing

Conservative FL representative does a good imitation of Don Quixote

A Florida house lawmaker wants state agencies to test their workers for drugs. The bill would mandate testing for all public sector employees except members of the Florida legislature .

Rep. Jimmie Smith (R-Lecanto), said he supports drug testing for lawmakers, but requiring them to pee in cups like everyone else would violate their constitutional rights.

In an email to The Huffington Post, Smith cited the U.S. Supreme Court's 1997 decision in Chandler v. Miller, which struck down tests for political candidates in Georgia.

Gov. Rick Scott has already written an executive order that requires drug testing for state employees.

However, federal courts generally have ruled that such policies violate the U.S. Constitution’s Fourth Amendment right against unreasonable searches.

In that case, 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 public safety.

Ryskamp’s ruling led other Florida cities, such as Pembroke Pines, to stop drug-testing job applicants.

Rick Scott and the florid legislature need to stop tilting at windmills and trying to reinvent the wheel. The law, if passed, will be challenged by the ACLU and the ruled unconstitutional.

The "drug test"  legislative effort is a waste of taxpayer money.

graphic source: Albino Kraken

and Huffington Post

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