Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
I have seen the suggestion before that Welfare recipients need to be drug tested to make sure that taxpayers are not paying for the drug habits of those evil poor people. I have even seen relatives allude to it in messages on social media sites and I have witnessed friends championing the idea in personal emails. I always wondered why some people think that the poor must be abusing the state and federal aid programs and therefore must have drug tests to insure that the taxpayers money is not being wasted. While I agree that taxpayers money should not be wasted, I have not seen any benefit from forcing people to be drug tested before they receive their aid payments.
The State of Florida tried this from 1999 to 2001 and reintroduced it in 2011. The Florida plan was subsequently struck down by the courts because there was no evidence that poor people abused drugs more often than their wealthier counterparts. “The state of Florida passed an almost identical testing procedure that ran from 1999 to 2001 and was reintroduced in July of 2011 that was struck down by the 11th U.S. Circuit Court of Appeals in Atlanta the following month, citing the fact: ‘ “there is nothing inherent to the condition of being impoverished that supports the conclusion that there is a `concrete danger’ that impoverished individuals are prone to drug use.” ‘ Crooks and Liars Does it surprise you that it took the 11th Circuit Court of Appeals before this expensive and intrusive process was ended in Florida?
The Florida experience proved to be a costly waste of taxpayers money according to the Tampa Tribune. “The Tampa Tribune investigated the results of those July 2011 drug tests and found that “96 percent proved to be drug free”, another 2 percent never bothering to complete the lengthy application process, and 2 percent actually failing drug testing. At an average cost of $30 per test, the state was hemorrhaging tax dollars at a rate of “$28,800-$43,200 monthly”… FAR out pacing the supposed “savings” from preventing drug-abusers from gaming the system to buy drugs.” Crooks and Liars The failure of this idea in Florida did not prevent or dissuade the Texas State Senate from unanimously passing an even more draconian plan to screen and drug test welfare recipients.
“On Wednesday, the Texas State legislature, currently composed of 19 Republicans and 12 Democrats, unanimously passed Senate Bill 11, which mandates that every Texan applying for food assistance through the TANF (Texas Assistance for Needy Families) program, submit to an undefined “screening process” and possible drug test before receiving benefits if the screener finds “good cause” to even suspect that person is… or is likely to… abuse any “controlled substance” — despite the fact that there is no evidence at all that people seeking assistance are more likely to do drugs.
According to the bill’s author, Sen. Jane Nelson (R-Flower Mound), the purpose of the bill: ‘ “It ensures that TANF, formerly known as welfare, supports its core purpose of helping families to achieve self-sufficiency,” said Nelson, as she introduced the bill. “We found common ground to support a plan that makes sure state resources aren’t used to support a drug habit while at the same time making sure children receiving benefit in a productive environment.” ‘ Crooks and Liars
I can only assume that the venerable Texas State Senators failed to read about the experience this type of plan had in Florida or merely discounted the facts available to them. Is there a reason why politicians of all stripes jump on the bandwagon that claims the poor and needy are just lazy and may even be on illegal drugs and therefore do not deserve the help of their fellow citizens? These same Texas Senators ignored the Houston Chronicle which published an article critical of SB11 and other proposed bills designed to root out those drug abusing poor people out of their assistance programs.
“Four times during last week’s House Human Services Committee meeting, Rep. Scott Turner asked whether Texas has a problem with parents diverting assistance dollars for food and children to buy drugs. Agency officials could tell the Frisco Republican only that they do not test recipients, and few people lose their benefits because of drug convictions or tips that can be corroborated. ” Houston Chronicle
The Chronicle discussed a similar plan in Michigan that was struck down by a State court for being unconstitutional and the plan in Florida discussed above. According to the Chronicle there are seven other states with similar drug testing of welfare recipients programs. ” Seven states have enacted similar measures – all but two require risk screening before drug testing – and another 29 states are considering legislation this year, according to the National Conference of State Legislatures. Three Texas bills propose testing some applicants for state unemployment benefits rather than TANF applicants.” Houston Chronicle
Just where does this pervasive fear that the unemployed or impoverished are stealing from the public in order to support their drug habits? Does this relate to the old “welfare queen” meme? Is it related to the attempt by some state legislatures to pass voter ID laws to prevent non-existent voter fraud?
As usual, it seems that the politicians are unfazed by the fact that the poor do not use drugs any more than the middle class or the wealthy. Growing up my family received Veterans benefits and Social Security benefits that kept us from ending up on the street. Today, these onerous screening and drug testing programs would have forced my Mother to be tested before she could receive her check which paid for the housing and food for herself and her 5 young children. Remind me again, why is this a good idea?
Additional References: ACLU;
Josh,
It’s “you’re,” not “your” in that context. Some employers require drug testing as a condition of employment. The reason for that is safety and liability. If an employee has an accident and it turns out they are on something that will impair reaction time or judgment, it can cost big time. If a person is on disability or unemployment insurance, if they apply for a job, they too will have to be tested.
BTW, do you have any idea how much a full panel blood workup costs? Don’t complain about cost unless you are willing to pay over a hundred dollars per test. Many disabled persons have no transportation, so you will have to pay to get them to and from the doctor’s office, or have a home health nurse come to their residence and take it. That’s not free either. How many people did you say you wanted to test?
Josh in Washington:
The drug testing for welfare issue has already been determined. If you do not understand the rationale, you could begin be reading threads on this site that have dealt with the issue, as well as the applicable case law. If you do all that and still don’t get it, you will have established yourself as a perfect citizen for a police state.
Mike,
People like Josh remind me of Justice Clarence Thomas. He was an affirmative action success story, and had it not been for affirmative action, he would be just another black guy from Georgia trying to find a job. It makes no sense to me that such people try to kick the ladder from under those who might try to follow them up the ladder.
Not sure even you have a clue what your talking about. How do you justify me having to be drug tested to earn money and welfare people not….. keep living your life in a cloud and you won’t see what’s around you….
OS,
I think Josh is a troll for Rick Scott. If he isn’t though he is too obtuse to realize he is damning his own parents for applying for welfare in the first place. Weren’t they “stealing our money”? Were they buying drus so that they couldn’t earn a living?
Josh,
Meh. Bqhatevwr.
Otteray you should try and be more original
REALLY is the state of Florida that stupid to think these people are not doing this? The people I have met in Florida on this program ARE using this to buy drugs. Selling food stamps to get there habit. Do we really want to pay for there crack or other drugs???
Kathy is correct… people like you rawflaw should go to your poor area of your town and open your eyes… look around at the people and tell me why drug dealers and users deserve to get my money
You people seem to forget that these people are receiving free money not “sheltering” there own money.. while I don’t agree with that either that is completly irrelevant to this topic of disscussion
The minority of people on welfare don’t stay on welfare
Josh,
please regale us with your evidence of your claim that majority of people on “welfare” are just leeches. I am sure you can come up with some verifiable evidence of that claim??
My evidence is the fact that I experienced it…. If you are on welfare for extended time your not trying to get off.. There are jobs available all over the country…. why don’t you give me evidence they are not… when I was a child we werfe on welfare for less than a year… why you may ask, because it is embarassing and that motivated my,parents to get off I have lived in that life and you are in,denial,if you don’t believe that career welfare recipients are abusing. If they are not leeches than they would get a job like everone else.. I work 60 hours aweek to suport my family how many hours does a 300 lb welfare recipent worfk a week? Funny how so many can,afford to drive nicerf cars than me and talk,on there smartphone while chcking out there potato chips and pop and cookies at walmart… also it is absolutly wrong that you can,use a welfare, card to buy pizza and energy drinks…. let’s hear your evidence they are not leeches…..
Mike….
There is nothing wrong with feeling ashamed of being on government assistance… It gives you motivation to get off….
Josh,
I worked with people on Welfare for 37 years and you don’t know what you are talking about. Anecdotes aren’t evidence and neither is the fact your family hot off welfare. BTW you are certainly an ungrateful person because if there wasn’t welfare when you were a kid, or maybe even you believe this because you parents were commiting welfare fraud themselves.
I’m not ungrateful I’m realistic unlike yourself, you can pretend that everyone on welfare is on it for good reason and accept the lies that drug addicts feed you… we used welfare as a crutch to get on our feet, that is the purpose, not to support a family long term. You know nothing about me and people like you are the reason the system gets abused. The topic is weather or not they should get drug tested not whether or not it should exist… it should exist some people genuinly need the help but those folks are the ones who will pass a drug screening, if you fail one you should not be rewarded with free money… as I said previously we didn’t use welfarefor more than a, year because of my parents getting out and doing work and earning their pay….
Or at the very least welfare should be available for a no more than 1 year period
Coming from a poor part of the community I lived in I can tell all of you that the majority of people on welfare are there because they are leeches. Before the “government debit card” was around I remember friends parents going to the gas station and buying 5 cent candy with a food stamp and collecting the change to buy beer and ciggarettes, also trading food stamps for drugs. Now they have a $350 cash option on top of being able to buy “food” or trade for crack. If people want to get free money for being unproductive citizens they should be tested for drug use. I have to be tested to “earn” money for my job why shouldnt they have to be tested for recieving the money “I” pay in my taxes every check. If you think otherwise you must be living in a upper middle class area or upper class…. Get your head out of you arses and wake up and smell the abuse!
This tactic was tried by the carpetbagging unindicted sociopath Rick Scott, the allegedly-elected gov of FL. While the policy ended up costing more to administer than it saved, it may have succeeded in deterring some needy people from applying for the assistance.
One might reasonably wonder if the real goal is not to save money or influence morals, but rather to deter people from seeking the govt assistance in the first place.
I was drug screening about twice a year while working in the construction industry for a total of 25-30 tests.
I like what you guys are usually up too. This kind of clever
work and coverage! Keep up the great works guys I’ve included you guys to my personal blogroll.
Amen Mike!
rafflaw:
They would of course be outraged at the presumptuousness.
Mike,
How would the wealthy react if they could not place their money into tax free shelters without passing a drug test?
Well said Mike A. It is a moral judgment against a status that in most cases is non-intentional and not caused by bad acts by those poor or unemployed people.
I posted a blog on this topic when the law was first introduced. It is of course blatantly unconstitutional. But I believe we make a mistake if we think that lawmakers are concerned about the misspending of taxpayer money. My view is that the real intent of this sort of legislation is to shame and humiliate the poor and the unemployed. There is a segment of the population that regards poverty as morally blameworthy. And that includes the folks at ALEC. The economy has been Thatcherized. We are following that up by pronouncing moral judgment on the poor.