The ACLU said Florida law is unconstitutional, while the State drew military and private employers to give drug tests. A judge issued a temporary injunction against the execution of Florida drug testsWelfare applicants must undergo mandatory drug testing to obtain unique benefitsA father and the ACLU say the new law is Governor of Florida unconstitutionalThe champions of the law, saying that it creates "personal responsibility"Orlando, Florida (CNN) - a federal judge It has temporarily blocked a controversial Florida law requiring all applicants for welfare be tested drugs.
United States Mary Scriven District Court judge issued a temporary injunction on Monday night against the application of the law "suspicionless drug testing" of adults who seek federal assistance.
The Act entered into force on 1 July, but a single parent and the American Civil Liberties Union contend in a lawsuit that the new law is unconstitutional and violates the Fourth Amendment protection against reasonable search and seizure.
"Perhaps even greater public interest does not exist to protect the rights of citizens under the Constitution," wrote the judge, citing a case of Hawaii in 1997.
According to the law, the Department of Florida's children and family services requires testing of drugs for adults to the federal temporary assistance for needy families program. The recipients of the aid are responsible for the cost of the projection, retrieve its assistance if they qualify.
Those requiring no drug tests may designate another individual to receive the benefits on behalf of their children, but they do not receive a refund for the cost of the test.
Florida Governor Rick Scott has defended the law, saying it is "personal responsibility". He added that it is "unfair to the taxpayers of Florida subsidize the drug addiction".
Florida is not the first State to pass such legislation. Michigan passed a similar law that was found to be unconstitutional by the Court of appeal of United States VI circuit in 2003 for violating the fourth amendment.
The ACLU filed class action of a father only in Orlando, who opposed the drug test.
Luis Lebron, a student at school for the adult unemployed who cares for a child of 4 years of age and disabled mother, was refused temporary cash assistance because he refused to be tested drugs. The veteran of the Navy, a student at the University of Central Florida, argues the law viola their rights and adds that he has never used illegal drugs.
The judge, in Orlando, decided to stop drug testing until that liquid the ACLU lawsuit.
But the judge denied the request of the applicant to make the issue in a case of class action.
"I am delighted to have the confirmation that all of us remain protected from the reasonable Government, suspicionless records and seizure and delighted our clients," said lawyer of ACLU of Florida Maria Kayanan in a written statement.
The Republican-controlled legislature passed the Bill, and Scott signed into law in May 2011.
"The Governor is obviously disagrees with the decision and evaluate their options with regard to when appeal, said his Press Secretary Deputy Jackie Schutz.
Since his campaign for Governor, Scott has said that tests for drugs of beneficiaries "will help prevent the misuse of the Florida tax dollars" and make sure that the money goes to the children.
"Research shows drug increased consumption among people who receive government assistance, and drug abuse also requires children to welfare," said Scott to sign Bill into law.
The ACLU said that the study of the State found that 2,000 people which took the State drug test, only a small percentage of the positive test.
"Shows that slightly more than 2% of applicants for welfare to tested positive for drugs be around 8 per cent in the public in general," said Howard Simon, executive director of the ACLU of Florida.
Lane Wright, Press Secretary of the Governor, said the study is flawed. "No tarda in the deterrent effect," said Wright.
Wright added that there is no form of factor of how many people avoided to take the test, fearing that they would be positive drug tests.
After being approved for temporary cash assistance, Luis Lebron was shocked by the mandatory drug test. Then contacted the ACLU.
"This is an invasion of privacy, which may not condition to obtain some benefit from the Government to cede their constitutional rights, unconstitutional", said Simon.
Lawyers for drugs before the use of State tests say is common and that the armed vet himself could have been subjected to random testing for drugs in the armed forces.
The Governor's Office said that he hoped that the judge finally will be defending the constitutionality of the law, arguing that it is popular among the people of Florida.
But he found unconstitutional Scriven judge said in his ruling based on evidence, "there is a substantial probability" Florida law.
ACLU Simon added: "we are the only State in the country with this (law)".
Michael Martinez of CNN contributed to this report.
