FOR IMMEDIATE RELEASE – November 20, 2014
CONTACT: ACLU of Florida Media Office, media@aclufl.org, (786) 363-2737
MONTGOMERY, AL – Today, oral arguments were heard by a three-judge panel of the 11th Circuit court of Appeals in the State of Florida’s second appeal of a lower court’s decision that a law mandating all applicants for the state’s Temporary Assistance for Needy Families (TANF) program submit to suspicionless drug tests violates the Constitution’s protection against unreasonable government searches.
Enforcement of the 2011 law, which Gov. Rick Scott championed, requires individuals to submit their bodily fluids for inspection in order to apply for the TANF program, was initially halted by U.S. District Judge Mary Scriven in October 2011, shortly after going to effect. That injunction resulted from a challenge brought by the American Civil Liberties Union (ACLU) of Florida in the case Lebron vs. Wilkins. The State of Florida appealed that injunction, which was upheld by the 11th Circuit in February of 2013. Judge Scriven issued a final judgment in December of 2013, which the State then appealed.
Today’s hearing, before a three judge panel consisting of Judges Marcus, Hull, and District Judge Amy Totenberg, is the most recent day in court for the state’s mandatory urinalysis regime for TANF applicants.
After today’s hearing, Maria Kayanan, Associate Legal Director for the ACLU of Florida and lead counsel in the case, who argued the ACLU’s position before the court, stated:
“We thank the court of appeals for the opportunity to argue once again in defense of the principle that simply being poor and needing temporary help to make ends meet does not mean you surrender your right to be free from invasive, suspicionless government searches. In the three-plus years since this case was filed, no court has agreed with Governor Scott’s argument that the state has the authority to compel people --without suspicion or legal reason-- to submit their bodily fluids for government inspection. We look forward to the court’s decision.
The ACLU of Florida’s brief before the 11th Circuit is available here: https://aclufl.org/resources/aclu-of-floridas-brief-to-11th-circuit-on-tanf-drug-testing/
A 2012 review of the TANF mandatory urinalysis program found that the state of Florida spent more money reimbursing individuals for drug tests than the state saved on screening out the extremely small percentage. More information is available here: https://www.aclu.org/blog/criminal-law-reform-racial-justice/just-we-suspected-florida-saved-nothing-drug-testing-welfare
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