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ACLU Sues Florida Department of Juvenile Justice Over Random Drug Testing Policy
December 17, 2003
TALLAHASSEE ? Saying across-the-board, random workplace drug testing is an unconstitutional invasion of privacy, the Tallahassee Chapter of the American Civil Liberties Union (ACLU) of Florida filed a lawsuit today challenging a Department of Juvenile Justice (DJJ) policy of subjecting all of its more than 5,000 employees to random drug testing.
"The desire of employers to maintain a drug-free workplace is a sound and reasonable one," said Chet Kaufman, Chair of the Tallahassee Chapter of the ACLU of Florida. "But employers also have an obligation to respect the privacy, dignity and constitutional rights of their employees. Clearly, DJJ crossed the line in this situation by implementing a policy that tramples on the privacy rights of DJJ employees."
The lawsuit was filed in the U.S. District Court for the Northern District of Florida on behalf of Roderick H. Wenzel, the agency's manager of strategic planning and performance measurement, who was fired after refusing to submit to a suspicionless, random drug test. A state employee for more than 17 years, Wenzel consistently received "outstanding" evaluations, and has won a Davis Productivity Award that is recognized by Florida Taxwatch as the highest award bestowed on state employees. Wenzel also was a co-director of the Department of Juvenile Justice's award-winning Florida State Employees Charitable Campaign for 2002. Prior to his employment at DJJ, Wenzel served as a senior governmental analysis under both Governors Lawton Chiles and Jeb Bush.
Wenzel, 49, was notified in June that he had been randomly selected for a drug test. Citing his right to privacy under the Fourth Amendment, he refused to submit to a drug test. Months later, at a September 17 meeting, a DJJ attorney cited Wenzel's refusal to submit to a random drug test as a basis for suspicion. Wenzel again refused to submit on the basis of his constitutional rights and was immediately terminated, although he did not work in a "safety-sensitive" position and did not have any contact with juvenile offenders.
"The state of Florida cannot force people to surrender their constitutional rights in order to work for the state," said Howard Simon, Executive Director of the ACLU of Florida. "Absent any evidence of illegal drug use, or assigned a safety-sensitive job, people have a right to be left alone."
According to the policy, which was implemented in April 2002, 30 employees a month are notified that they must submit to a drug test. Once they receive the notice, they have 24 hours to take the test. In April 2002, the ACLU sent a letter urging department officials to immediately revise the drug testing policy to conform to U.S. Supreme Court decisions that prohibit across-the-board testing of employees who are not in "safety-sensitive" positions. DJJ refused to make any changes to the policy.
The Supreme Court has permitted drug testing of government employees in limited circumstances ? "where risk to public safety is substantial and real" or where "public safety is genuinely in jeopardy." In the case of DJJ, "safety-sensitive" positions include employees who work with juveniles or carry guns, for example youth custody officers or certified law enforcement officers.
In 1999, the ACLU of Florida successfully challenged a City of Hollywood policy that tested applicants as a condition of employment. The case, Baron v. City of Hollywood, was filed on behalf of Thomas Baron, an accountant who had been working as a temporary employee for the city. U.S. District Court Judge Kenneth L. Ryskamp struck down the city's Drug and Alcohol Abuse Policy in April 2000, citing the policy's invasive and overbroad provisions as violations of the Fourth and Fourteenth Amendments.
Today's case is Roderick H. Wenzel v. William G. Bankhead, Case No. 4:03CV403-RH\WCS. Bankhead is the Secretary of the Department of Juvenile Justice. Attorneys are:
Richard Johnson and Lisa Lambert, ACLU cooperating attorneys based in Tallahassee, and Randall Marshall, Legal Director of the ACLU of Florida in Miami. The complaint will be available on-line at: www.aclufl.org
Contact:
Tallahassee: Chet Kaufman, Tallahassee Chapter Chair, (850)
508-2957
Miami : Alessandra Soler Meetze, Communications Director,
(305) 576-2337, ext. 16
