Also in this playlist...
This transcript is automatically generated
Florida governor Rick Scott just signed a law that welfare recipients should get drug tests before.
-- get their hands on at taxpayer funded welfare check the governor says it's unfair for taxpayers to subsidize drug addiction.
Joining me now is Howard Simons and more to ACLU which is suing the strike down the loss -- thank you for joining us tonight -- so.
What do you have against testing.
A welfare recipient before they are there given their welfare check.
Well we shall have a constitution in this country and the constitution requires that.
Not subject people to searches and until they have some reasonable suspicion of -- doing.
There's been you pronouncements from the US Supreme Court on -- and drug testing can take place without suspicion.
They've mostly those auto -- -- go ahead -- when can that.
When there is a safety sensitive employer.
Our work with dangerous equipment's.
Where they are required to carry -- gone as part of their job.
There's been one case involving over a decade ago when one other states in Florida is the only state to try to attempt to us now.
After a decade ago when the state of Michigan try to impose suspicion was.
Urine testing on welfare applicants.
And the federal courts.
Wrote that down as well as unconstitutional higher that's not what this instrument -- -- KM MI is my employer love the drug test me.
It depends on whether your employer is a government employer or private employer it depends on whether your private employer.
Is governed by collective bargaining agreement Danielle state -- -- went through that I was waiting for it.
Yeah that's what it comes down to because a collective bargaining prohibits this sort of thing in the if I'm not mistaken.
Now we're not not -- this is not knowing that everybody -- practice right.
Can -- act now -- not at all not at all.
Collective bargaining is relevant for the private sector this is the government that's going and I don't mandatory under trying to get -- -- -- bought trying to -- -- -- -- -- -- because of the Fourth Amendment not because of a collective bargaining agreement.
I'm trying to get to the point we're on track I want to specify who was allowed to be drug tested who's who's not and by the way.
Why aren't Ed why is everyone allowed to be drug test of when you work for private company.
If there is no.
Prohibition against that kind of the private employer can do that -- to know why just -- I thought on the dollar test.
-- welfare recipient to make sure He or she isn't taking that welfare check and going to be.
To the corner dealer and saying here's my check and decided already just give -- some methamphetamine.
Because if you're of the government the government is governed by the Fourth Amendment.
That -- prohibits.
Unreasonable searches and seizures Alice and I -- is an element how was that honorees analysts say hello that's what this.
This check is so that you can sustain yourself and maybe you have the other a little boy and a little girl that need food in need milk in need water.
And here's the check not so that you can go out what about get why are we.
Why are we focusing only on.
Welfare recipients if you're concerned -- about whether government money is used for its intended purpose.
There are business people on contracts students on scholarships.
Sports teams on subsidies there's lots of state monies that -- being used we ought to be more concerned about all of that -- focusing.
Only I think the answer Galileo is agreeing with me that's fantastic I say.
Make it legal drugs as anyone you want.
Yes and I'm that one about the and just -- constitution out the window.
Now validates idea is if it's not unconstitutional for a private employer to drug testing.
Why not consolation -- -- -- -- you can we are not technical -- about a private employer.
This is not a I don't know I -- going shouldn't be using this is a standard so that's all I'm saying.
What you're wrong about that the constitutional -- the government the constitution doesn't apply to the private employer these -- -- different subjects you are insisting on -- I I think big I think the constitution should apply equally across.
All all sectors aren't gonna have to leave it there sir the -- reviewed and does will bring you back enjoyed having on we've come back and join us again sometime.
I'll take that as a definite.
Filter by section