MICHIGAN DRUG-TESTING WELFARE RECIPIENTS

Michigan became the first state to require all welfare applicants to take a
drug test Friday, despite an American Civil Liberties Union lawsuit that
claims the practice is unconstitutional.

"The ACLU's suit is frivolous and we're going ahead despite it," said John
Truscott, spokesman for Michigan Gov. John Engler, a Republican.

"It puts the ACLU on the side of defending someone's right to be a drug
abuser."

The ACLU filed a class action suit in federal court in Detroit Thursday,
seeking to block Michigan from testing new welfare applicants for
marijuana, cocaine, opiates and other banned substances via urinalysis. The
ACLU asked Michigan to voluntarily postpone the program until the matter
can be decided in court. Michigan refused.

The group's lawyers argue that the practice violates the 4th Amendment's
ban on unreasonable searches. By ordering the "invasive" tests, the ACLU
says, Michigan is trying to discourage economically distressed people from
applying for aid.

"Michigan families are being made guinea pigs for a social experiment of
dubious value and near certain unconstitutionality," said Graham Boyd,
director of the ACLU's drug policy litigation project.

But Michigan welfare officials say the tests help prepare recipients to
seek work in a state where 75 percent of private employers screen new hires
for drug use. Under the Michigan drug test program, applicants who test
positive for drugs are not denied benefits, provided they complete a
treatment program.

"It will strengthen families and help individuals," said Maureen Sorbet,
spokeswoman for the state Family Independence Agency, the state social
services department.

The tests apply to applicants for Michigan's "family independence" benefit,
a monthly cash payment to families with children under 18. In Detroit, the
payment is about $459 a month for a family of one adult and two children.

A 1996 federal welfare reform act permits states to require drug tests for
welfare applicants. According to the ACLU, only Minnesota, New Jersey,
Wisconsin and South Carolina currently require urine tests, and only for
welfare applicants convicted of drug-related felonies. Michigan will be the
first to require tests from all applicants.

Michigan has aggressively pursued welfare reform since Engler took office
in 1991. Statewide, the number of welfare cases declined from 219,000 in
1992 to 83,000 last year.

Federal case law generally requires states to a reasonable suspicion that a
citizen is using drugs before it can order a drug test. Drug tests for
those who hold dangerous jobs, such as railroad engineers, and for high
school athletes have also been permitted.