The Indiana ACLU has filed a lawsuit on behalf of a disabled, indigent Posey County woman who was denied financial assistance because her disabilities prevented her from taking a drug test required by the Black Township Trustee.
A number of courts around the country have held that conditioning benefits on passage of a drug test violates the United States Constitution. (Before these programs were struck down, the states that imposed such tests also found far fewer abusers than would be expected in the general population. That makes sense, since people having trouble affording food are unlikely to have money for drugs. But hey–we all know that poverty is evidence of moral turpitude…)
The lawsuit against Black Township and Lindsay Suits, the Black Township Trustee, was filed on behalf of Mary Neale, a resident of the township. Neale previously received aid from the trustee only after submitting a urine sample and passing a drug test. Last year, however, Neale’s physical disabilities made submitting the sample impossible, so she was unable to apply for benefits.
The ACLU’s lawsuit points out that the Township Trustee’s “policy of requiring applicants for assistance to take a urine drug screen violates the Fourth Amendment to the U.S. Constitution. Further, the trustee’s failure to accommodate Neale’s disability when she sought to apply for assistance violates the Americans with Disabilities Act.”
“The Constitution prohibits this type of suspicionless search and seizure,” said Ken Falk, ACLU of Indiana legal director. “It is wrong to condition the receipt of government benefits on the waiver of fundamental rights that protect all of us.”
The Fourth Amendment requires government actors to have probable cause to conduct a search. Probable cause has been defined as “articulable reasons to believe that a given individual has violated the law.”
Someone needs to explain to the growing ranks of eager-beaver “public servants” that neither poverty nor skin color are probable cause.