UCF senior wins lawsuit against Gov. Rick Scott

A UCF senior's argument for his constitutional rights has led to the blocking of a controversial state law that required welfare beneficiaries to be drug-tested.

Accounting major Luis Lebron was represented by the American Civil Liberties Union last month in a motion to halt the law that the plaintiff said violated his Fourth Amendment rights, which guard against unreasonable search and seizures by the government.

Lebron's efforts were successful, and a temporary order for the state to stop the drug testing was put in place by U.S. District Judge Mary Scriven on Oct. 24.

After the preliminary injunction was put into place, Gov. Rick Scott issued a statement expressing his disappointment in the federal court's decision.

"This policy is intended to help Florida families and is an effective way to ensure that welfare dollars are used for the benefit of children and to help Floridians get back to work and off public assistance," he said in the statement.

Lebron, who is a Navy veteran and has sole-custody of his 4-year-old son, decided to take his discontentment to the courts when he was asked by the Department of Children and Families to take a drug test before receiving welfare benefits.

"Some people may not realize that we're protected in situations like this," Lebron said. "When people are in a bad financial situation, the government imposing something like this affects the person emotionally."

The Scott administration has submitted a request to appeal the preliminary injunction in the 11th U.S. District Court of Appeals.

"An overwhelming majority of Floridians support this law, and I will continue to fight for it in the courts," Scott said in a release.

Florida ACLU attorney Maria Kayanan, who represents Lebron, said that she's hoping the court will make a final decision sooner rather than later. However, the legal process could take anywhere from a couple of months to a couple of years.

"There are a couple of dozen states that are looking for legislation like this, that have filed or are thinking of filing laws modeled after Florida," Kayanan said. "They're watching Florida to see what happens."

Kayanan said that the state is attempting to compile data and expert witnesses that will assert a higher prevalence of drug-use among welfare recipients than the general population.

In a previous analysis conducted by the DCF in the months following the law's instatement in July 2011, 2 percent of the welfare beneficiaries tested positive for drugs.

Kayanan said that the state is also likely to argue that the drug testing protects children of substance-abusing beneficiaries.

"This has been a program through block grants since 1996. Why all of the sudden are children endangered by this specter and stereotype of drug-addicted parents?" Kayanan said. "There's no basis and fact for that."

UCF political science professor Roger Handberg said that the preliminary injunction does not necessarily indicate future victory in the courts but that the law can't hold water on grounds of suspicion alone.

"I think it's another example of quick and dirty solution to drive people off the benefits so Florida can meet its budget," Handberg said.

Lebron said that if the law is not permanently wiped out, the constitutional rights of even those that aren't applying for welfare benefits could be at stake.

"It could have led to other things happening, like students taking drug tests – a domino affect," Lebron said.

Lebron said that while he has learned a lot from the legal battle, he's ready to get back to normal life and find a career in accounting upon graduating this December.

"Not having a job really affects a person, but I've tried to channel that frustration into positive energy and creative solutions," Lebron said. "This is one thing that keeps me going."