Hearing Tomorrow in Federal Lawsuit Challenging Gov. Scott’s Order Mandating Drug Testing of State Employees
A federal judge in Miami will hear arguments in the challenge to Governor Scott’s Executive Order 11-58 which mandated drug testing of all state employees in Executive Branch agencies without regard to suspicion of drug use or other related activity tomorrow, Wednesday, February 22 beginning at 2:00pm.
The suit was filed by the ACLU of Florida on Tuesday May 31, 2011 on behalf of the American Federation of State, County and Municipal Employees (AFSCME) Council 79 which represents 40,000 public workers who are subject to the suspicionless drug-testing program under the order.
Oral Arguments: AFSCME v. Rick Scott
Wednesday February 22, 2012
2:00pm – 3:30pm
Wilkie D. Ferguson, Jr. United States Courthouse
Room 12-4
400 North Miami Ave.
Miami, FL 33128
In spite of the legal challenge to the governor’s Executive Order, the Florida Legislature is currently considering legislation which would allow state agencies to create similar random drug-testing programs without regard for suspicion of drug use.
In October 2011, a federal judge halted enforcement of a new law mandating drug tests for all applicants to the state’s Temporary Assistance for Needy Families (TANF) program, ruling that the compelled drug testing is a search under the 4th Amendment, and that individuals retain a right of privacy against such intrusive, suspicionless searches by the state, even when applying for temporary assistance.
More information about the challenge is available here: http://www.aclufl.org/news_events/index.cfm?action=viewRelease&emailAlertID=3929
The complaint filed in May is available here: http://www.aclufl.org/pdfs/Legal%20PDfs/2011-ACLU-AFSCMEComplaint.pdf
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CONTACT: ACLU of Florida Media Office, (786) 363-2737, media@aclufl.org
