JUDGE BLOCKS DRUG-TESTING OF WELFARE RECIPIENTS

DETROIT - (AP) A federal judge today temporarily blocked the state's new
requirement that welfare applicants be tested for drugs, saying it appears
to be unconstitutional.

The drug testing, part of a pilot program that began Oct. 1 in a handful of
communities, requires most applicants to provide urine samples for drug
screening before they can even be considered for benefits. No one who tests
positive for drugs will be denied food stamps or assistance checks, and
police won't be notified. But offenders who don't go to state-ordered
treatment risk the gradual loss of benefits.

A group of welfare recipients and the American Civil Liberties Union of
Michigan had asked U.S. District Judge Victoria Roberts to issue the
temporary restraining order.

Ms. Roberts said that requiring the tests without suspicion "is likely
unconstitutional.''

The ACLU had argued that the requirement was an "unreasonable search'' in
violation of the Fourth Amendment.

The program does not apply to Medicaid, disability, emergency or other
state assistance programs.

So far, 8 percent of welfare applicants in the pilot communities have
tested positive for drugs, primarily marijuana, according to the Family
Independence Agency, which administers welfare in Michigan.

"We're doing this ... to assist families and remove barriers to
employment,'' said agency spokeswoman Maureen Sorbet. "Generally, we've had
a favorable reaction. Many (recipients) have said it's about time and they
are willing to demonstrate they don't have a problem in this area.''

The judge scheduled a Dec. 14 hearing on arguments on whether to grant
class-action status or a preliminary injunction against the testing program.

The state attorney general's office contends there is a legal basis for
testing welfare recipients, especially when the safety of children is an
issue.

"It is self-evident that children of drug-addicted parents often exhibit
aggressive behavior in and out of school, are more likely to themselves
abuse drugs and be victimized by child abuse and neglect,'' the agency said
in court documents.