We've told you a few times about Florida's horrible new law that drug tests all families applying for cash benefit welfare applicants. The law, which went into effect July 1, makes applicants front the cost of the drug test and reimburses individuals if they test negative.
The ACLU and others predicted this program would be a failure and cost the state of Florida much more money than they would save. Guess what? In just the few weeks that the program has been in effect we have been proven right.
When the U.N. Human Rights Committee reviews U.S. compliance with the International Covenant on Civil and Political Rights (ICCPR) this October, the review will tackle many of the human rights violations plaguing Florida. Last week the committee released its list of issues, which will form the basis for the U.S. review, and demanded answers to questions regarding U.S. laws and policies in areas such as juvenile solitary confinement, felon disfranchisement, and discriminatory enforcement of criminal law. These human rights violations severely impact the lives of Floridians, but often evade court challenges or other domestic mechanisms of review.
During this legislative session, more than two dozen states have introduced legislation to drug test individuals receiving or applying for various forms of public assistance. And by public assistance I mean individuals applying for Temporary Assistance for Needy Families (TANF), welfare, unemployment and Medicare. (Incidentally, you know who isn't being asked to submit to drug testing before receiving public assistance? Bankers, traders and anyone who received money from the bailout.)
Last night the Daily Show featured ACLU client Luis Lebron, a Navy veteran who refused to take the drug test required by the State of Florida for welfare applicants.
The world got a glimpse this week into how the United States treats those we lock in solitary confinement, when the Inter-American Commission on Human Rights heard ACLU testimonies on how our treatment of vulnerable prisoners violates international human rights norms. The short story: we should be ashamed. For a more detailed picture, check back throughout the week for an ongoing blog series on the issue.
The United States has become a global outlier in its over-reliance on incarceration. Our soaring incarceration rates are, by now, a familiar statistic, expressed in any number of shocking formulas: the U.S. has less than 5 percent of the world’s population but over 25 percent of the world’s incarcerated people; the incarceration rate in the U.S. is four times the average for Western European countries; the U.S. incarcerates more people than South America, Central America and the Caribbean combined. In this era of mass incarceration, the racial disparities are staggering: one in four African-American children in the U.S. has grown up with a parent incarcerated.
June 2011 marks the 40th anniversary of President Richard Nixon's declaration of a "war on drugs" — a war that has cost roughly a trillion dollars, has produced little to no effect on the supply of or demand for drugs in the United States, and has contributed to making America the world's largest incarcerator. Throughout the month, check back daily for posts about the drug war, its victims and what needs to be done to restore fairness and create effective policy.
A month ago, four-year-old Jordan Lebron sat in a courtroom in Florida for three hours, quietly coloring and playing with toy cars while his father, Luis, sat with us at counsel table watching and listening to the judge's questions and the lawyers' answers.
By Rebecca McCray, ACLU Criminal Law Reform Project at 2:40pm
A judge has ruled that Linn State Technical College's mandatory drug-testing policy is patently unconstitutional, and has blocked any further drug testing.
