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Florida: Gotta pee to get paid, gotta pay to pee

AtomikaAtomika Live fast and get fucked or whateverRegistered User regular
edited July 2011 in Debate and/or Discourse
(CNN) -- A controversial law requiring adults applying for welfare assistance to undergo drug screening has gone into effect in Florida.

Saying it is "unfair for Florida taxpayers to subsidize drug addiction," Gov. Rick Scott signed the legislation in June.

"It's the right thing for taxpayers," Scott said after signing the measure. "It's the right thing for citizens of this state that need public assistance. We don't want to waste tax dollars. And also, we want to give people an incentive to not use drugs."


Shortly after the bill was signed, five Democrats from the state's congressional delegation issued a joint statement attacking the legislation, one calling it "downright unconstitutional."

And the ACLU has filed suit against the state for requiring all state workers to take a drug test and is considering suing the state for drug-testing welfare applicants.


This is one of those times my left-leaning sensibilities just don't jibe with what the apparent liberal party-line position is supposed to be. I don't really see anything wrong with this policy, and certainly not the point where I'd advocate suing the State on grounds of unconstitutionality.

My perspective on this is that just about every field today maintains some sort of limited drug policy for pre-employment, and many extend those policies into their everyday practice. I personally have to pass a urine screening for every single interview I take in my field.

As well, my father operates a government housing project, and it's depressing how many of his tenants abuse street drugs or, if on medical disability, sell their prescription drugs to drug dealers.

The conflict comes from the fact that I actually advocate the legalization of most drugs. But I can't see where mandating unemployment aid go to drug-free recipients is some kind of Constitutional violation, even under 4th Amendment Search-and-Seizure protections.


So, let's hear it.

Atomika on
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  • Void SlayerVoid Slayer Very Suspicious Registered User regular
    edited July 2011
    Drug addicts are often poor.

    They can often not get a job due to their addiction.

    They need money to live.

    Them dying is a bad thing.

    Welfare assistance is a very small amount of money, just barely enough to get by on.

    Without it they are likely to take extreme measures to provide for themselves and their children.

    That is just off the top of my head.

    Void Slayer on
    He's a shy overambitious dog-catcher on the wrong side of the law. She's an orphaned psychic mercenary with the power to bend men's minds. They fight crime!
  • ahavaahava Call me Ahava ~~She/Her~~ Move to New ZealandRegistered User regular
    edited July 2011
    While a part of me agrees with it, and can understand the sentiment. My bleeding heart side frowns and shakes my head.

    Welfare, for the most part, does not just help the ones who apply for it. Denying a family foodstamps or welfare because one of the parents is on drugs does not help the kids in the family.

    Yeah yeah, I know "think of the children" but in some cases, that actually works.

    Do I think that welfare should subsidize drug habits? No. Do I think that kids of whatever age should be punished because their parents can't get their own heads out of their asses? No.

    Sadly the alternative is to do something for the kids and not the parents, but kids have no rights in this country since they are minors and the foster system is so much of a joke that it's probably more damaging to society than people on welfare buying drugs.

    In the long run (and again I have no stats or anything, just visceral reaction), society is better with welfare on the books than without. For everybody.

    ahava on
  • Styrofoam SammichStyrofoam Sammich WANT. normal (not weird)Registered User regular
    edited July 2011
    When you get welfare are you just being handed cash? Do you just stroll out of the office with a roll of 20s?

    Styrofoam Sammich on
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  • Saint MadnessSaint Madness Registered User regular
    edited July 2011
    Saying it is "unfair for Florida taxpayers to subsidize drug addiction," Gov. Rick Scott signed the legislation in June.

    This is the Medicare fraud guy, right?

    Saint Madness on
  • AtomikaAtomika Live fast and get fucked or whatever Registered User regular
    edited July 2011
    While a part of me agrees with it, and can understand the sentiment. My bleeding heart side frowns and shakes my head.

    Welfare, for the most part, does not just help the ones who apply for it. Denying a family foodstamps or welfare because one of the parents is on drugs does not help the kids in the family.

    Yeah yeah, I know "think of the children" but in some cases, that actually works.

    Do I think that welfare should subsidize drug habits? No. Do I think that kids of whatever age should be punished because their parents can't get their own heads out of their asses? No.

    Sadly the alternative is to do something for the kids and not the parents, but kids have no rights in this country since they are minors and the foster system is so much of a joke that it's probably more damaging to society than people on welfare buying drugs.

    In the long run (and again I have no stats or anything, just visceral reaction), society is better with welfare on the books than without. For everybody.

    From the article:
    Under the law, which went into effect on Friday, the Florida Department of Children and Family Services will be required to conduct the drug tests on adults applying to the federal Temporary Assistance for Needy Families program.

    The aid recipients would be responsible for the cost of the screening, which they would recoup in their assistance if they qualify.

    Those who fail the required drug testing may designate another individual to receive the benefits on behalf of their children.

    Atomika on
  • enlightenedbumenlightenedbum Registered User regular
    edited July 2011
    It should be noted that Rick Scott founded and owns (well a trust in his wife's name, now) a major drug testing company. Coincidentally.

    enlightenedbum on
    The idea that your vote is a moral statement about you or who you vote for is some backwards ass libertarian nonsense. Your vote is about society. Vote to protect the vulnerable.
  • StericaSterica Yes Registered User, Moderator mod
    edited July 2011
    I'd rather have a drug addict mooching my tax dollars than stealing them from me at gunpoint.

    They are treating symptoms and not the disease.

    Sterica on
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  • ToxTox I kill threads they/themRegistered User regular
    edited July 2011
    Wait, you have to pay for the screening? Nah, I don't know about that.

    I could see this making sense if failing the drug screening meant you had to attend mandatory addiction classes or something like that, as a condition of you receiving benefits. Or, as the law states, as a condition of your designee receiving benefits on behalf of your children.

    Requiring people to pay for the screening is going to prevent a lot of people from applying, because they can't afford the screening. The problem there isn't the addicts, as we can arguably determine that they're bad at making financial decisions, due to their drug habit. People who are just straight up poor, though, may not have the money to pay for the screening (even $10 or $20), and will therefore be denied needed help through no real fault of their own.

    Tox on
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  • ThanatosThanatos Registered User regular
    edited July 2011
    My perspective on this is that just about every field today maintains some sort of limited drug policy for pre-employment, and many extend those policies into their everyday practice. I personally have to pass a urine screening for every single interview I take in my field.
    You say this as if just because everybody does it, that makes it okay.

    Tox wrote: »
    Wait, you have to pay for the screening? Nah, I don't know about that.

    I could see this making sense if failing the drug screening meant you had to attend mandatory addiction classes or something like that, as a condition of you receiving benefits. Or, as the law states, as a condition of your designee receiving benefits on behalf of your children.

    Requiring people to pay for the screening is going to prevent a lot of people from applying, because they can't afford the screening. The problem there isn't the addicts, as we can arguably determine that they're bad at making financial decisions, due to their drug habit. People who are just straight up poor, though, may not have the money to pay for the screening (even $10 or $20), and will therefore be denied needed help through no real fault of their own.
    The entire idea behind this is to make it harder for people who need it to get assistance, while lining Rick Scott's pockets with even more money.

    Thanatos on
  • Fartacus_the_MightyFartacus_the_Mighty Brought to you by the letter A.Registered User regular
    edited July 2011
    This designating of another individual defeats the entire purpose of the new law. California (iirc) tried to do something similar by handing out debit cards that would only work for necessities, and the end result was addicts selling their cards for cash so they could go buy drugs. In this case, they'll end up with a bunch of middlemen who'll withdraw the money and give it (minus a fee) to the addict. I certainly agree with the sentiment of the law (and the provision), it's just not going to do much good.

    Fartacus_the_Mighty on
  • ToxTox I kill threads they/themRegistered User regular
    edited July 2011
    Also, couldn't this also lead to some sort of trap? What if a new policy dictates that applicants with children who fail the screening be reported to Social Services and their kids end up being taken away from them?

    I mean, even if it never becomes a policy, I could see it becoming a paranoid fear that pushes more people away, with the result being their children suffer even more than they would otherwise.

    Tox on
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  • ToxTox I kill threads they/themRegistered User regular
    edited July 2011
    Thanatos wrote: »
    Tox wrote: »
    Wait, you have to pay for the screening? Nah, I don't know about that.

    I could see this making sense if failing the drug screening meant you had to attend mandatory addiction classes or something like that, as a condition of you receiving benefits. Or, as the law states, as a condition of your designee receiving benefits on behalf of your children.

    Requiring people to pay for the screening is going to prevent a lot of people from applying, because they can't afford the screening. The problem there isn't the addicts, as we can arguably determine that they're bad at making financial decisions, due to their drug habit. People who are just straight up poor, though, may not have the money to pay for the screening (even $10 or $20), and will therefore be denied needed help through no real fault of their own.
    The entire idea behind this is to make it harder for people who need it to get assistance, while lining Rick Scott's pockets with even more money.

    Oh yeah, that the GOP members championing this policy are total hacks and opportunists somewhat goes without saying. That doesn't mean the idea holds no merit.

    We should help the poor. Giving money to someone without condition is not always the best way to help them. Some people just need a new pair of straps for their proverbial boots (I consider myself an example of this). Others, they need more precise help, and I don't completely have a problem with the concept of conditional assistance, in theory.

    This just happens to be a bad application of that theory.

    Tox on
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  • ronyaronya Arrrrrf. the ivory tower's basementRegistered User regular
    edited July 2011
    Most skeevy thing I see is the governor's family ties to a drug testing company, but that is perhaps not precisely the topic.

    On the topic: it can be destructive to view welfare policy as a morality play. Two points -

    - ultimately one does, yes, want to achieve 'fairness' in the sense that recipients of redistribution should be in some way deserving (and, conversely, that the sources of said redistribution are less deserving); the problem is that the process of determining just deserts is itself a costly one. Resources that are spent on drug testing are spent, even if the recipients pass said test. In this case the state pays the cost for the drug test for qualifying welfare recipients; presumably a careful government would have weighed the costs to judge that this change really creates savings - due to "most skeevy thing" above, I have my doubts. The rhetoric does not suggest pragmatism; it suggests moral outrage, a la: oh no, someone somewhere is a drug-addicted layabout/state employee! We must flush them out and punish them.

    - on moral deserts: in the philosophy of modern welfare of social insurance, one pays for the cover while employed in order to mitigate the consequences of unemployment. In this sense the moral purpose of the benefits are already spoken for and the benefits are fully deserved by their recipients; this is not state charity, which the governor seems to think it is. To be straightforward, the change is a punishment for drug use (by taxing you anyway to fund the insurance, despite not permitting you to access its funds). Perhaps a punishment for drug use is necessary for whatever reason; perhaps political conditions prohibit straightforwardly characterizing the legislation as an anti-drug-abuse program instead of a punish-some-welfare-seekers program in rhetoric and so the latter is the regrettable result - but, again, I have my doubts. There is a case to be made for placing such conditions on welfare eligibility; this is not it.

    ronya on
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  • ToxTox I kill threads they/themRegistered User regular
    edited July 2011
    In any case, I don't at all understand where this could be conceived by anybody as unconstitutional.

    Drug tests suck. This is a fact. That they are unconstitutional feels a bit like goosery.

    Tox on
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  • PonyPony Registered User regular
    edited July 2011
    of course policies and laws that are bullshit and cruel shouldn't just be those which are obviously unconstitutional

    Pony on
  • QuidQuid Definitely not a banana Registered User regular
    edited July 2011
    Tox wrote: »
    Wait, you have to pay for the screening? Nah, I don't know about that.

    I could see this making sense if failing the drug screening meant you had to attend mandatory addiction classes or something like that, as a condition of you receiving benefits. Or, as the law states, as a condition of your designee receiving benefits on behalf of your children.

    Requiring people to pay for the screening is going to prevent a lot of people from applying, because they can't afford the screening. The problem there isn't the addicts, as we can arguably determine that they're bad at making financial decisions, due to their drug habit. People who are just straight up poor, though, may not have the money to pay for the screening (even $10 or $20), and will therefore be denied needed help through no real fault of their own.

    I agree with all of this.

    They're poor in the first place. You don't make them invest money to get benefits.

    Quid on
  • ronyaronya Arrrrrf. the ivory tower's basementRegistered User regular
    edited July 2011
    Unreasonable search, I presume.

    ronya on
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  • ThanatosThanatos Registered User regular
    edited July 2011
    Tox wrote: »
    In any case, I don't at all understand where this could be conceived by anybody as unconstitutional.

    Drug tests suck. This is a fact. That they are unconstitutional feels a bit like goosery.
    We have a right to privacy in this country, and the fourth amendment protects us against unreasonable searches. If mere use of governmental services is considered a waiver of those rights, at what point do we draw the line? If the government wanted to install mandatory pee-testers on all motor vehicles, since, after all, you are driving on public roads, would that be okay? If they wanted to say that in order to work for the government you had to give up all of your guns, would that be okay? If a public school decided that all students were to be strip searched and subjected to drug tests on a daily basis, would that be okay? Because, I mean, they're using taxpayer money, right? And taxpayers shouldn't be subsidizing drug habits.

    Thanatos on
  • PonyPony Registered User regular
    edited July 2011
    shit i know when i was waiting for disability support to kick in

    i had to go on welfare for a little while and there would be times i would literally have to panhandle for bus fare in order to go downtown to get a basket from the food bank so i would not starve to death

    for people who actually need welfare, not just drug addicts, even asking them to cough up $10-$20 for a drug test upfront can actually be prohibitively expensive and screw them from even being able to apply

    Pony on
  • So It GoesSo It Goes We keep moving...Registered User regular
    edited July 2011
    haha, they charge you for the drug test that they force you to take

    brilliant

    So It Goes on
  • AtomikaAtomika Live fast and get fucked or whatever Registered User regular
    edited July 2011
    Regardles of what we think of the policy and nuance, I think we can all agree that asking the candidates to pay for the test is pants-on-head retarded.

    And possibly unconstitutional.

    Atomika on
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  • Fuzzy Cumulonimbus CloudFuzzy Cumulonimbus Cloud Registered User regular
    edited July 2011
    I think burdening the poor with the financial burden of paying for a test to then get a minute amount of aid is a good idea. I mean, they can't sue because lawyers cost money, and they probably can't fight back because they are uneducated and can't afford schooling. It's really a win win for the privileged.

    Fuzzy Cumulonimbus Cloud on
  • OrganichuOrganichu poops peesRegistered User regular
    edited July 2011
    welfare is already bureaucratic and obstructionist enough.

    i'm on welfare right now (food stamps, medical coverage, and cash benefits). when i went to apply i thought- boy, this isn't so bad. there's a lot of paperwork, which can be intimidating, but it's doable! and then i ran into my first problem: apparently my doctor forgot to write a certain identifier on my medical form. i got a call, angry in tone. not urgent to help me, or resolve this mistake- but angry.

    YOUR DOCTOR DIDN'T WRITE HER PROVIDER NUMBER, YOUR APPLICATION IS ALREADY 24 DAYS OLD, IF THIS ISN'T RESOLVED BY WEDNESDAY YOUR APPLICATION WILL BE DENIED.

    i responded 'well... their official letterhead is on there. can't you call them and get the number?'

    her: NO, THAT'S NOT MY JOB.

    me: um... can i get the number from my physician, and then call you or fax you?

    her: NO IT HAS TO BE BROUGHT IN PERSON.

    so i, a person who is poor enough to apply for welfare and so lacking a consistent means of transportation, had to revisit my doctor and then revisit the welfare office, and almost had my application denied by default. all this because my doctor mistakenly didn't write a 6 digit code on a part of the form that i'm not supposed to touch.

    then when i finally got approved, my caseworker told me "yeah, you need to renew your application in november... but come in october"

    me: ?

    her: each case worker at this office has over 2,000 clients. we aren't able to process stuff on time.

    then she mentions 'also when you fill out your application next time, don't say you have a bank account'

    me: but i do have a bank account

    her: yeah but you had to give us a few recent statements. it's more work. just say you don't have one.

    ---

    tax dollars are limited, sure. i don't think we should throw them in the air for fun. but with the current state of governmental assistance in this country, i don't think there is any reasonable way to frame more restrictions as 'responsible vetting'. everyone in pennsylvania has to go through an in-person interview; how about the caseworkers actually pay attention during those, and flag suspiciously behaving candidates for further investigation. that way you can direct most of the fraud prevention resources more efficiently.

    and more importantly, focus on the alleviation of poverty overall. unless we're going to embrace laissez-faire capitalism, the more we excoriate and obstruct the social mobility of the lower class, the more resources it takes to help them in the half ass way we intend. either leave the poor in the gutter (no thanks!) or relieve poverty aggressively, such that the fiscal situation can't be painted so direly as to allow classist, fear mongering legislation like this.

    Organichu on
  • QuidQuid Definitely not a banana Registered User regular
    edited July 2011
    mcdermott wrote: »
    Unfortunately, I believe the current state of constitutional law regarding drug tests (and drug law in general) is "Antonin Scalia says get off drugs, dirtbag."

    Do SC justices submit to drug tests?

    Quid on
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  • AtomikaAtomika Live fast and get fucked or whatever Registered User regular
    edited July 2011
    I think in hindsight I'm mostly disappointed in that the reasonable nature of this policy will be used by FLA-GOP candidates to handwave about how much they're doing to cut down on government spending and reinforce a meritocratic moral code into how we handle entitlements.

    When in actuality I'd wager the losses on drug-addicted entitlement awardees is probably a very small (very, very small) sub-set of all questionable uses of spending (entitlement, taxpayer, or otherwise) in the areas of welfare and medical coverage.

    Atomika on
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  • RobmanRobman Registered User regular
    edited July 2011
    If your country can afford hundred million dollar fighter jets to fight imaginary superpowers, you can afford to fucking feed, clothe and house your poor.

    Robman on
  • kildykildy Registered User regular
    edited July 2011
    So should I assume that this law is in response to a deep study by the state into their welfare system that found that it was being predominantly used to fund drug habits? I mean, we didn't waste the time to craft this legislation just to try and raise the barrier for entry into the welfare system, right?

    kildy on
  • Pi-r8Pi-r8 Registered User regular
    edited July 2011
    This couldn't possibly be effective. If someone is really addicted to drugs, they're not going to stop using them just because it's a government requirement. They'll just turn to crime instead. Most of them will probably just pay someone else to claim the benefits for them.

    Pi-r8 on
  • Eat it You Nasty Pig.Eat it You Nasty Pig. tell homeland security 'we are the bomb'Registered User regular
    edited July 2011
    This is pretty terrible policy, at least from the standpoint of actually wanting to help legitimate welfare recipients turn their lives around.

    Using welfare payments as a means of getting folks into treatment for addiction (and other issues) is a good idea, especially since those issues are probably a large part of the reason they wound up on welfare in the first place.

    But that doesn't seem to actually be what this law does; it just makes a negative drug test a precondition for successful application. All that does is make the at-risk people who are the proper targets of state aid less likely to be able to actually receive it, which I suspect is the real objective of the law.

    Eat it You Nasty Pig. on
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  • IncenjucarIncenjucar VChatter Seattle, WARegistered User regular
    edited July 2011
    Nothing here doesn't ruin lives for people who aren't horrible.

    * Poor non-addicts lives are made worse
    * Poor addicts lives are made worse.
    * The lives of victims of starving poor are made worse.
    * The population, fearful of becoming a victim, votes in TUFF ON CRYME folks and gives them more power, resulting in greater abuse and corruption, and so everyone who isn't in power has their life made worse.
    * Fences, back ally gun dealers, and drug dealers happy to accept $500 of stuff for $50 of product, get richer.

    Incenjucar on
  • Casual EddyCasual Eddy The Astral PlaneRegistered User regular
    edited July 2011
    Should we also deny the bush tax cuts to the wealthy that test positive for drugs? I don't want to subsidize their drug use

    Casual Eddy on
  • emnmnmeemnmnme Registered User regular
    edited July 2011
    I suspect trickery to make politicians look more effective than they really are. Florida is known for its oranges and Disneyland but does the state have exceptional drug problems with its unemployed? I've never heard of it.

    emnmnme on
  • Fizban140Fizban140 Registered User, __BANNED USERS regular
    edited July 2011
    Eh, knowing people on government aid that smoke weed makes me feel like this is a good idea.

    Fizban140 on
  • ShadowfireShadowfire Vermont, in the middle of nowhereRegistered User regular
    edited July 2011
    Part of me is ok with this, only because of seeing what I see working in grocery stores (our cigarette and alcohol sales spike in a huge way on the first of every month, and much of that is paid with EBT), but I'm really very uncomfortable with this for all the reasons listed so far.

    Also, how much is this going to cost? I mean, I'd love to say "let's track this EBT cash people are getting and audit their receipts," but that would be extremely expensive. I can't imagine this testing will be cheap, either. And if the cost is high (which it will be, particularly if those ties to the governor are true), then you're quite possibly taking a loss by running this. I'd love to see a cost-benefit, but I know we'll never see one with honest numbers.

    Shadowfire on
  • Casual EddyCasual Eddy The Astral PlaneRegistered User regular
    edited July 2011
    Fizban140 wrote: »
    Eh, knowing people on government aid that smoke weed makes me feel like this is a good idea.

    but they should be able to drink?

    Casual Eddy on
  • Fizban140Fizban140 Registered User, __BANNED USERS regular
    edited July 2011
    Fizban140 wrote: »
    Eh, knowing people on government aid that smoke weed makes me feel like this is a good idea.

    but they should be able to drink?

    No, I don't think people on welfare should be able to buy alcohol, cigs, junk food or food from restaurants.

    Fizban140 on
This discussion has been closed.