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ACLU-VA: Government-Administered Drug Tests Unconstitutional

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Thursday, January 24, 2013   

RICHMOND, Va. - Several bills winding their way through the Virginia Legislature this session involve drug testing for people applying for public assistance. While some proponents say it's a good idea to test people so that the taxpayer isn't subsidizing drug use, opponents argue the measure is unconstitutional.

Hope Amezquita, legislative counsel for the ACLU of Virginia, says her group strongly opposes the legislation, claiming that it violates Fourth Amendment rights.

"We believe that government-ordered drug tests qualify as searches that significantly impinge on individual privacy, and under the Fourth Amendment, the government ordinarily cannot search an individual unless it has probable cause to believe that he or she is engaged in illegal activity."

Also of concern, Amezquita says, is that the bills - HB1789, HB1412, HB2009, HB2109 and SB721 - are vague in terms of what types of screening tools would be used by the Department of Social Services to assess the need for drug tests. The drug testing would be performed on individuals who apply for TANF benefits or for the Virginia Initiative for Employment, a job training program.

Proponents argue that drug testing and denying benefits to individuals who test positive for drugs would save the state and taxpayers money. Amezquita says the opposite is true.

"It's a substantial cost to the state to implement, One, the screening assessment tool, and then after that if they've identified certain individuals for advanced screening and more intrusive searches, it would cost exponentially more money."

Amezquita says Florida passed similar legislation regarding drug testing and found that less that 2 percent tested positive for drugs, and any money saved by denying benefits would be dwarfed by the cost of the program.


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