BY IRIS B. HOLTON
Sentinel City Editor

On Monday, Federal Judge Mary Scriven temporarily blocked a controversial law that requires individuals applying for state assistance to undergo drug testing. In a 37-page order, Judge Scriven stated that the law could violate the Fourth Amendment of the U. S. Constitution.

Last month, the American Civil Liberties Union (ACLU) filed a lawsuit on behalf of U. S. Naval veteran Luis Lebron, 35, of Orlando, who is a single father and full time student at the University of Central Florida. Lebron applied for TANF (Temporary Assistance for Needy Families) Program and met all qualifications.

Under the controversial new law, however, Lebron was required to submit to and pay for a drug test. If the test revealed that he was not using illegal drugs, then the state would reimburse the money he spent.

On September 6th, the ACLU and Florida Justice Institute (FJI) filed the lawsuit in the Middle District of Florida on behalf of Lebron. Lebron applied for the TANF Program in July 2011, to support his 4-year-old son.

However, he refused to waive his Fourth Amendment rights against unreasonable search and seizure and submit to the newly required drug testing.

In the temporary order, Judge Scriven wrote, “It is well established that a drug test is considered a search under the Fourth Amendment. … The Supreme Court held that the “collection and testing of urine intrudes upon expectations of privacy that society has long recognized as reasonable” and that “these intrusions must be deemed searches under the Fourth Amendment.”

Her written order also stated, “The intrusion here also extends well beyond the initial passing of urine. Positive drug tests are not kept confidential in the same manner as medical records; they are shared with third-parties including DCF, medical reviewers, and counselors for the Florida Abuse Hotline.”