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Federal Appeals Court Latest To Strike Down Florida's Welfare Drug Testing Law

MGN Online

A federal appeals court has thrown out a 2011 law requiring the drug testing of Florida welfare recipients. Governor Rick Scott has backed efforts to reinstate the mandate, despite multiple courts ruling against him.

Maria Kayanan represents the American Civil Liberties Union, who brought the original suit on behalf of a Navy vet and welfare applicant who refused to submit to a drug test. While she’s pleased with the ruling, she says she’s not surprised.

“…because it’s what we told the Legislature when we considering this bill,” continued Kayanan. “We told them it was a violation of the Fourth amendment. We told them we would sue. We told them the courts would strike it down, and we were right! Each court that has considered this each time!”

After hearing oral arguments about two weeks ago, the 11th U.S. Circuit Court of Appeals unanimously agreed with last year’s ruling by a U.S. District Judge that the 2011 law is unconstitutional. In their brief, the three-judge panel stated the “state has not demonstrated a substantial need to carry out the suspicionless search, only a generalized public interest.”

Still, Kayanan says even after multiple courts have already struck down the 2011 mandate, she’s not sure if the Scott administration will put an end to the legal battle.

“There are other steps that they could take,” she added. “I don’t think they would be successful. It all depends on how much more of the state’s money they want to risk..”

A spokesman for the Governor says the Governor's office is reviewing the court's order.

For more news updates, follow Sascha Cordner on Twitter: @SaschaCordner.

Sascha Cordner has more than ten years of public radio experience. It includes working at NPR member station WUFT-FM in Gainesville for several years. She's worked in both radio and TV, serving in various capacities as a reporter, producer and anchor. She's also a graduate of the University of Florida with a bachelor's degree in telecommunications. She is the recipient of 15 awards from the Associated Press, Society of Professional Journalists (SPJ), and Edward R. Murrow. Her award-winning stories include her coverage on the infamous “Dozier School for Boys” and a feature titled "Male Breast Cancer: Lost in the Sea of Pink." Currently, Sascha serves as the host and producer of local and state news content for the afternoon news program "All Things Considered" at WFSU. Sascha primarily covers criminal justice and social services issues. When she's not reporting, Sascha likes catching up on her favorite TV shows, singing and reading. Follow Sascha Cordner on Twitter:@SaschaCordner.