Pubdate: Sat, 19 Oct 2002
Source: South Bend Tribune (IN)
Copyright: 2002 South Bend Tribune
Contact:  http://www.southbendtribune.com/
Details: http://www.mapinc.org/media/621
Author: Dee-Ann Durbin, Associated Press Writer
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

WELFARE RECIPIENT DRUG TESTS GET GO-AHEAD

Governor Lauds Court Ruling, But Appeal Likely

LANSING -- A federal Court of Appeals on Friday cleared the way for 
Michigan to test welfare recipients for drugs, saying such programs are 
constitutional.

The decision by the 6th U.S. Circuit Court of Appeals could have a 
significant impact nationally. Michigan was the first state to put such a 
drug-testing program in place, and many other states have been watching 
this case, the American Civil Liberties Union said Friday.

Gov. John Engler praised the decision and said Michigan is reviewing the 
steps it needs to take to reinstate the program.

"We know that drugs are a significant barrier to employment, and testing 
and treatment for welfare recipients for drug use is consistent with our 
goal of helping them reach true self-sufficiency," Engler said in a statement.

Robert Sedler, the attorney who sued the state Family Independence Agency 
on behalf of several welfare recipients and the ACLU, said he will appeal 
the case to the full 6th Circuit Court of Appeals. A three-judge panel 
issued Friday's decision.

"It's been our position that the decision is inconsistent with existing 
law, because we are dealing here ... with the suspicionless testing of 
adults," he said.

Michigan's drug-testing program began Oct. 1, 1999. Five weeks later, U.S. 
District Court Judge Victoria Roberts halted it with a restraining order, 
saying it likely violated the Fourth Amendment's protection against 
unreasonable search and seizure.

The 6th U.S. Circuit Court of Appeals reversed Roberts' decision Friday, 
saying the drug-testing program is constitutional and based on a legitimate 
need to protect the children of recipients and the public.

It pointed to four U.S. Supreme Court decisions allowing drug-testing where 
no suspicion is present, including a 1989 decision allowing drug-testing of 
U.S. Customs Service officials.

"Here, the public interest lies (in) ensuring both that the public monies 
are expended for their intended purposes and that those monies not be spent 
in ways that will actually endanger the public," the appeals court said in 
its seven-page opinion.

The court also said welfare recipients should have a "diminished 
expectation of privacy," and that the privacy interests of recipients don't 
outweigh the state's interests.

Berrien County FIA Director Jerry Frank on Friday deferred comments about 
the appellate decision to the state FIA office.

State FIA Director Doug Howard said the decision will allow his agency to 
help people whose drug problems keep them from getting and retaining jobs.

"This approach is the right thing to do," he said.

Berrien County was one of the original pilot drug-testing programs.

Although Roberts stopped drug testing in November 1999, Berrien County had 
already started drug testing welfare recipients a month earlier along with 
two other pilot sites -- Alpena/Presque Isle and an area of Wayne County.

During October 1999, Berrien ran 178 tests and got 132 results back from 
those tests, according to information on the state FIA Web site. Of the 132 
results, 120 were negative and 12 were positive for drug use.

Of all the 258 drug test results from the three state test sites in 1999, 
21 tests, or 8 percent, came back positive. Of the 21 positive results, 
three tests indicated cocaine in the test recipient's system. The other 
tests were positive for marijuana.

Michigan's program would randomly test 20 percent of welfare recipients 
every six months. An individual who tests positive for drugs would have to 
go to a drug treatment agency. The state could refuse welfare benefits if a 
recipient failed to take the test or comply with a drug treatment plan.

Kary Moss, executive director of the ACLU of Michigan, said the state is 
unfairly singling out welfare recipients.

"It is a very big door that the 6th Circuit opened today, by allowing the 
government to have authority to drug-test a group of people simply because 
they get some form of government assistance," she said. "Who's next? 
Students who get loans? Taxpayers who get deductions?"

According to the Welfare Information Network, based in Washington, D.C., 
states that have some form of drug-testing for welfare recipients include 
Florida, Illinois, Indiana, Louisiana, Maryland, Nevada, New Jersey, New 
York, North Carolina, Oklahoma and Oregon.

"It's clear that the Michigan case had a chilling effect, but some states 
have gone ahead and done it anyway," said Andrea Wilkins, a policy analyst 
with the National Conference of State Legislatures.

Republican gubernatorial candidate Dick Posthumus on Friday hailed the 
federal appeals court decision.

Posthumus, the lieutenant governor, said the ruling would help people 
escape welfare dependency. He questioned whether his Democratic opponent, 
Attorney General Jennifer Granholm, would continue the program if elected.

"Does she plan to implement it? That's the real issue," Posthumus said at a 
news conference.

Sage Eastman, a spokesman for Posthumus, said Granholm has called 
drug-testing "degrading and demeaning" and questioned whether she would 
implement the law.

But Chris De Witt, a spokesman for Granholm, said she would implement the 
law if elected on Nov. 5. He also pointed out that Granholm defended the 
law as the attorney general.

"She had some concerns about the law but she defended it and she will 
implement it when she is governor," De Witt said.
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