Tag: welfare
States Rethink Restrictions On Food Stamps, Welfare For Drug Felons

States Rethink Restrictions On Food Stamps, Welfare For Drug Felons

By Rebecca Beitsch, Stateline.org (TNS)

WASHINGTON — Johnny Waller Jr.’s 1998 felony drug conviction has haunted him since the day he left a Nebraska prison in 2001.

Waller, now 38, applied for 175 jobs without getting one. He had trouble getting a federal loan for college because of his drug conviction, so he started his own janitorial business, in Kansas City, Mo. And when his toddler son, Jordyn, was diagnosed with stomach cancer and needed full-time care, Waller’s record disqualified him from receiving food stamps.

“I really needed assistance there,” Waller said of the time in 2007 he had to give up his job to care for Jordyn. But he couldn’t get it, he said, because of a conviction “when I was 18 years old that didn’t have anything to do with my son.”

Hundreds of thousands of Americans are serving time for drug offenses — nearly a half-million according to the latest numbers available, from 2013. For many like Waller, leaving prison with a felony conviction on their record adds to the hurdles they face re-entering society. A 1996 federal law blocks felons with drug convictions from receiving welfare or food stamps unless states choose to waive the restrictions.

The bans, which don’t apply to convictions for any other crimes, were put in place as part of a sweeping reform of the nation’s welfare system, and at the height of the war on drugs. Now many states are rethinking how to help felons become productive citizens and reduce the likelihood they will return to prison.

Since 1996, 18 states have lifted restrictions on food stamps, known as the Supplemental Nutrition Assistance Program, and 26 allow people with certain types of drug felonies to get those benefits — leaving six states where a felony drug record disqualifies a person from receiving them.

States have been more restrictive when it comes to extending welfare benefits through Temporary Assistance to Needy Families: 14 have lifted the restriction, 24 have some restrictions and 12 have full restrictions barring felons with a drug conviction from receiving cash assistance.

Marc Mauer, executive director of The Sentencing Project, which advocates reforming the laws, said banning people from getting food stamps runs contrary to policies designed to ease inmates’ re-entry to society and to curb recidivism.

“This increases the odds they will commit new crimes by virtue of the fact that you’re creating a significant financial obstacle,” Mauer said.

This year, Texas and Alabama became the latest states to lift blanket bans on receiving food stamps.

“If we want people to stay out of trouble we’ve got to give them a hand up, not a foot down,” said state Rep. Senfronia Thompson, a Democrat who pushed for the repeal in Texas. She said providing help is much less expensive for the state than paying for repeated incarcerations.

While Texas’ food stamp program is now open to anyone convicted of using or selling drugs, those who violate their probation or parole are ineligible for benefits for two years. If they are convicted of another felony, drug-related or otherwise, they are barred for life.

Alabama scrapped its ban for food stamps and cash assistance.

Carol Gundlach, a policy analyst for Alabama Arise, which lobbied in favor of the change, said it is especially important for formerly incarcerated mothers, who often struggle to feed their families when they return home.

But even as many states have scaled back their bans, others have considered re-establishing them.

A Pennsylvania bill would deny welfare benefits to anyone who served more than 10 years for a drug offense. State Rep. Mike Regan, the Republican sponsor of the bill, said it would target major drug dealers and save finite state resources for those who are more deserving of help. Regan, a retired U.S. Marshal, said that during his time in law enforcement he saw many dealers who were receiving food stamps. He sees his measure as a deterrent and a way to curb abuse of the system.

While states can make changes to welfare and food stamp policy, it’s up to the federal government to remove the stumbling blocks that released drug felons face in receiving education and housing assistance.

In 2006, the federal government opened college grants and loans to those convicted of a drug felony, reversing a 1998 policy. However, those convicted of a drug crime while receiving aid will lose it until they complete treatment or prove sobriety.

All current inmates also are ineligible for federal Pell Grants (which are for lower-income people and do not have to be repaid) to help pay for college courses while they are in prison. However, U.S. Education Secretary Arne Duncan said this week that the Obama administration wants to change that, and will propose a pilot program that would allow prisoners to access nearly $6,000 a year.

The U.S. Department of Housing and Urban Development places a lifetime public housing ban on those who have been convicted of making methamphetamine in subsidized housing. It also imposes a three-year ban from public housing on those evicted from public housing for drug-related activity.

The department has encouraged local housing authorities to consider how long it has been since the conviction and whether applicants have gone through drug treatment programs when weighing public housing applications from felons. But local housing authorities have wide discretion in whether to accept someone with a record, particularly when there has been a pattern of drug use.

Felons also face discrimination in seeking housing on the open market, though some states are moving to ease that, too.

In Texas, for instance, the legislature this year passed a law that gives landlords liability protection from negligence suits for knowingly renting to convicts who commit crimes in their apartments.

Texas Rep. Thompson said the law gives landlords peace of mind while helping ease discrimination on anyone who has returned from prison, whether they were recently released or they are looking for housing years later.

Waller has hit several roadblocks at one time or another since leaving prison. And changes in the laws often came too late to help him.

Initially unable to finance school or get a job, Waller moved in with his mother in Kansas City, though his presence was tough on her financially. She asked him to apply for food stamps to help out, but the food stamp office told Waller he’d be denied.

Waller said the restrictions put him on the brink of a breakdown, and he considered whether he might be better off returning to prison, which was a world that made sense to him. Then he had Jordyn, and he decided he was done with crime and prison.

“I’d been a gang member, I’d been shot in the head, and I’d gone to prison. There wasn’t anything else out of that lifestyle to get,” he said.

So over the next few years, he started his own janitorial service and eventually hired seven people. He made good money, drove a nice car and felt like he had gotten his life together.

But in 2007, he learned Jordyn, then 2, had stomach cancer, which required multiple rounds of chemotherapy and then round-the-clock care. Jordyn was initially treated in Kansas City, but Waller thought Jordyn’s chances would be better at St. Jude’s Children’s Research Hospital in Memphis, Tenn.

So the single father closed his business, packed his car and headed to Memphis. But with no income, Waller soon ran through his savings. His bills piled up and his car was repossessed. He needed help with food, as doctors required him to make fresh food for Jordyn every meal to avoid bacteria. But his past kept him ineligible for food stamps both in Tennessee and Missouri, where Waller and his son eventually returned.

Missouri changed its law last year to allow people like Waller to qualify for food stamps as long as they complete a treatment program or prove their sobriety with a urine test, which they have to pay for.

Missouri’s change of heart didn’t come soon enough for Jordyn, however. He died in 2008 while waiting for a bone marrow transplant, just days before his fourth birthday.

Since burying his son, Waller has continued to raise his other two children — daughter Alexandria, 8, and son Kendall, 7 — on his own. It hasn’t been easy, but he’s slowly made progress.

After returning to Kansas City from Memphis, he moved in with his mother because his criminal record kept him from renting an apartment, though he tried several times. After Waller had lived six years with his mother, her building’s landlord gave Waller a trial run, giving him a short lease on another unit. This year, he was finally able to sign a yearlong lease.

Once federal education finance laws changed, Waller enrolled at Rockhurst University in Kansas City and earned a bachelor’s degree in business management. In 2011 he was pardoned for his drug crime by former Republican Gov. Dave Heineman of Nebraska, which helped him get a job with a medical equipment company that doesn’t review pardoned crimes as part of its background check.

But Waller said he’s gotten used to watching others go through life without the same barriers, and he has learned to accept there are some things he’ll never be able to do.

“I want to change apartments to a nicer place in a better school district,” he said. “I live on the fringe of just being able to live a normal life. I’m right up against the glass.”

Photo: Food stamps, which can be used to pay for vegetables like yams, are often denied those who have a drug record. In many states, policies are changing to reduce recidivism and because incarceration costs are so high. U.S. Department of Agriculture/Flickr

Will Hillary Clinton Run Against Her Husband’s Welfare Legacy?

Will Hillary Clinton Run Against Her Husband’s Welfare Legacy?

By Melinda Henneberger, Bloomberg News (TNS)

WASHINGTON — Almost 20 years ago, when Bill Clinton made good on his campaign promise to “end welfare as we know it,” some of his oldest friends were beside themselves. The plan, as originally conceived, had been to pump significantly more money into programs designed to move poor single mothers off of assistance and into jobs, which couldn’t be done on the cheap. Yes, Clinton had proposed a strict time limit on benefits, but he had also pledged to “make work pay.” As it turned out, only one of those two things happened.

On August 22, 1996, Clinton proudly signed a Republican bill that pushed recipients out of the program after five years and ended an entitlement in place since the New Deal. “In a sweeping reversal of Federal policy,” The New York Times story on the event began, “President Clinton today ended six decades of guaranteed help to the nation’s poorest children.”

The bill wasn’t the solo handiwork of then House Speaker Newt Gingrich, who had proposed sending poor children to orphanages. Rather, a Democratic president with political capital to spare was freely approving what many in his party saw as a baldly punitive bill. And Hillary Clinton, who in this early phase of her campaign has made “the-deck-is-stacked” inequality a central focus, was fully in support.

Clinton’s signing of the bill was a source of near-physical pain to someone like Peter Edelman, then Clinton’s assistant secretary at the Department of Health and Human Services, who as a speechwriter for Robert Kennedy had penned one of the earliest liberal critiques of welfare’s shortcomings, in 1967. RFK’s proposed antidote, however, had been a massive jobs program. Edelman had known Hillary Clinton since 1969, when he had put her in touch with his wife, Marian Wright Edelman, who became her mentor and employer at the anti-poverty organization she had just founded, the Children’s Defense Fund.

After Clinton signed the legislation, Edelman and his Health and Human Services colleague Mary Jo Bane, both of whom had been brought into the administration as advocates of a very different brand of welfare reform, did what few in Washington ever do — they resigned in protest. In an “Open Letter to the President” published in The Washington Post, Marian Wright Edelman called it a “moment of shame” for her old friends and their party.

The Edelmans weren’t the only ones who were alarmed. New York’s Daniel Patrick Moynihan, whose U.S. Senate seat Hillary Clinton later filled, warned that children would be sleeping on hot-air grates if Clinton signed the bill. The liberal icon Paul Simon, of Illinois, said, “This isn’t welfare reform; it’s welfare denial.”

The pain was all the sharper because the consensus among Clinton’s aides, both those who supported and opposed the bill, was that the move was not politically necessary. Clinton aide George Stephanopoulos told the president that he did not have to sign the bill to be re-elected, but was far enough ahead of GOP nominee Bob Dole that he’d win in November either way.

Two decades later, much of the left feels that Moynihan, Simon, Bane and the Edelmans have been proven right: In the early years, in a strong economy, many single moms did move from welfare to work. “When people think about welfare reform as a success, that’s what they’re talking about,” says LaDonna Pavetti, of the Center on Budget and Policy Priorities. But since 2000, those gains have slipped away, until “now we’re almost back to where we started.”

There’s no question that a smaller percentage of Americans are getting the help they need: In 1996, 68 of every 100 families living in poverty received cash assistance. Today, only 26 of 100 do, and in 10 states, that number is under 10. Because federal aid is no longer guaranteed to anyone living in poverty, states can simply make it harder to qualify for help, and then point to the low number of people they’re serving as a measure of success.

Bruce Reed was the Clinton aide who wrote the phrase “end welfare as we know it” in one of his earliest presidential campaign speeches, and he still believes that the reform worked. “It was one of President Clinton’s proudest achievements,” Reed says, “moving 7 million people out of poverty in those 8 years — 100 times more than Reagan did” during his two terms in office.

Reed’s figures are correct. But digging into the numbers, a more complicated picture emerges. For one thing, 40 percent of those on welfare did not get a job, even in the early years.

“It did increase the work rate among never-married mothers,” says the Brookings Institution’s Ron Haskins, a Republican who helped write the welfare reform bill, “but that peaked in 2000 and has never gotten back to there because of three recessions.”

What’s more, as Haskins notes, the rate of extreme or deep poverty — defined as living on around $2 a day — has actually increased slightly: “There is a group at the bottom who are not better off. In the old days, they could stay on welfare forever, and now, any mom who does not have the ability to maintain her household and work at the same time is going to have trouble.”

In a campaign focused on both income inequality and the opportunity gap, how Hillary Clinton engages with her husband’s record on poverty and the safety net is liable to become a central question. And both Clintons have already said they’ve changed their minds on other issues that were central to his presidency. They no longer stand by his administration’s record on criminal justice — especially the mandatory sentencing guidelines that filled prisons and hollowed out communities — or on gay rights, which were seen so differently by much of the public two decades ago.

But welfare reform was to the Clinton administration what health care reform is to Obama’s; despite the controversy, it’s always been considered a signature achievement. At the time, there was no discernible daylight between the Clintons on the bill he signed. “I think her views were like his,” says Reed — “that the Republicans were wrong to play politics with extraneous cuts, but that there were good aspects of the welfare reform bill,” including stepped-up child support enforcement, which made it, on balance, something to be proud of. Reed notes that most of the cuts to immigrants’ benefits in the bill were later restored.

In Hillary Clinton’s first memoir, “Living History,” published in 2003, she wrote at some length about the fight over welfare reform. Clinton had vetoed the first two bills that hit his desk, but when the third one passed, she wrote, “I agreed that he should sign it and worked hard to round up votes for its passage — though he and the legislation were roundly criticized by some liberals, advocacy groups for immigrants and most people who worked with the welfare system … I was most concerned with the five-year lifetime limit, because it applied whether the economy was up or down, whether jobs were available or not, but I felt, on balance, that this was a historic opportunity to change a system oriented toward dependence to one that encouraged independence.”

There were political considerations, of course: “The legislation was far from perfect,” she wrote, “which is where pragmatic politics entered in. It was preferable to sign the measure knowing that a Democratic administration was in place to implement it humanely. If he vetoed welfare reform a third time, Bill would be handing the Republicans a potential political windfall.”

She was nonetheless sorry, she wrote, that “Bill’s decision, and my endorsement of it, outraged some of our most loyal supporters,” including the Edelmans, and “(i)n the painful aftermath, I realized that I had crossed the line from advocate to policy maker. I hadn’t altered my beliefs, but I respectfully disagreed with the convictions and passion of the Edelmans and others who objected to the legislation.”

In the book, Clinton came very close to suggesting that they were naive, and said outright that that kind of purity was easy for people in their position: “As advocates, they were not bound to compromise, and unlike Bill, they didn’t have to negotiate with Newt Gingrich and Bob Dole or worry about maintaining a political balance in Congress.”

Engaging with the entwined issues of inequality and poverty will inevitably mean engaging with the consequences of the welfare bill Bill Clinton signed, though she has not done so yet. Asked if she would distance herself from welfare reform as she has from ’90s-era mandatory sentencing, a Clinton campaign spokesman issued this statement: “Hillary Clinton has a long record fighting for everyday Americans and their families, and she is running to make sure all families are not only able to get ahead, but stay ahead. In the coming months she will discuss more details on her approach to addressing children and families living in poverty, including how best to support those families who rely on the safety net of welfare to temporarily keep their families afloat during the hardest of times, as well as other ideas to further strengthen families and help them move forward.”

Many anti-poverty advocates are hopeful that Clinton will address the holes in the safety net head-on, finally repairing the system that she and her husband had a hand in creating: “Welfare reform needs to be revisited,” said Stephen Schneck, director of the Institute for Policy Research and Catholic Studies at Catholic University and a former national co-chair of Catholics for Obama. “I think Hillary needs to stand up and say, ‘My husband and the Republicans in the ’90s really thought they’d put together a package that was going to fix welfare and poverty but didn’t fix either one.’ She needs to call America to the barricades in the struggle against deep poverty.”

Will she? Robert Putnam, whose new book on the inequality of opportunity in America today, “Our Kids: The American Dream in Crisis,” said Clinton had “used extremely well chosen words, I thought, that kids everywhere should have the same opportunities as her granddaughter.” Speaking that way, he added with a laugh, “emphasized the ‘It Takes a Village,’ and Children’s Defense Fund part of her resume’ — and she has a rich, complicated and not always internally consistent one — but she didn’t just discover this issue yesterday.”

Already, at this early stage in the campaign, Clinton is speaking with more specificity on the subject than her rivals on the right, calling for more support for child care and early childhood education. At Effie O. Ellis Early Learning Center in Chicago last week, she criticized Republicans in Congress for making America “turn its back on our children and working parents.”

Yet even as Clinton talked about fairness, those she called by name were not the have-nots, but members of the middle class: “When we talk about child care, we’re talking about the economy, we’re talking about families, we’re talking about fairness. We’re talking about all the values that we believe are necessary to raise healthy, successful, productive children in society today. … I want you to get ahead and stay ahead. And I want the words ‘middle class’ to mean something again.”

At the same stop, in Bronzeville on Chicago’s South Side, she listened to Lakesia Collins, a single mom of three boys who makes $10 an hour: “It kind of hurts me that I can’t afford things for them, but I’m able to work. It really is shameful for me because I can’t give them what they need because I don’t make enough money.” Work still doesn’t pay, in other words.

Those completely left out of both our safety net and the policy debate so far include older women who have done physical labor all their lives — what do they do after their bodies start to give out? — and mothers who are not disabled enough to qualify for SSI, but are not able enough, for a constellation of reasons, to go straight to work, either. “I’m a true believer in work,” says Pavetti, of the Center on Budget and Policy Priorities, “but our programs are set up as, ‘You do it now or you never do it.'”

Some remedies for inequality that are being discussed, on and off the campaign trail, include raising the minimum wage, extending Earned Income Tax Credits, subsidizing wages and doing more to support job training and job readiness, along with more macro solutions like financial sector reform, rethinking trade agreements and bankruptcy rules, and allowing the government to negotiate health care costs.

Peter Edelman, who supports Hillary Clinton’s presidential bid, doesn’t expect her to revisit the ’90s when it comes to welfare reform. But then, he’s been mistaken about Bill and Hillary Clinton’s intentions before — for instance, the month before President Clinton signed the welfare reform bill, when Clinton remarked that “You can put wings on a pig, but you can’t make it an eagle.”

“So a bunch of us hear that and think he’s going to veto it,” Edelman remembers, “and that’s what he wants us to think.”

Those arguing for the bill inside the White House back then included Reed, Rahm Emanuel, Mickey Kantor, and Al Gore, while those who opposing it were Donna Shalala, Robert Reich, Robert Rubin, Leon Panetta, George Stephanopoulos and Harold Ickes.

The principle concern among those arguing against it was that it ended the legal right to aid. And while the states always set the amount of the benefit, Edelman says that they now they can effectively say, “You look like you could work; go away.”

A lot of states, Reed notes, “have stolen that money — legally — and use it for other things.” In Texas, for example, more than half of the federal welfare dollars support child welfare programs, and some states, according to Pavetti, have even used it for college scholarships. Though it does have to be used for low-income residents, she says, “it all depends where the shortfalls are.”

“There is no welfare in big chunks of the country anymore,” Edelman argues, “and because too many of the Democrats own a piece of it, nobody says it’s a terrible failure, but it is. You want people who can work to work, but we have a deeply damaged safe net.”

More than any presidential election since the civil rights era, this one is likely to focus on those who have fallen through that net. And more than any other contender, Peter Edelman’s old friend Hillary Clinton knows what’s at stake.

Photo: This is a woman no stranger to campaigning. U.S. Embassy via Flickr

First Quote Jesus; Then Punish the Poor

First Quote Jesus; Then Punish the Poor

Those who oppress the poor insult their Maker.” — Proverbs 14:31

It’s not my habit to start a column with a quotation from the Bible, but this one’s loaded with self-professed Christians, so why not?

In the mid-1990s, during my time as a metro reporter and feature writer for The Plain Dealer in Cleveland, I started writing stories about people who lived in poverty.

I learned early to avoid certain words and descriptions that ignited the ire of certain readers who would rather shame fellow Americans for their dire circumstances than consider why so many of them live in poverty. And often just blocks away from our front doors.

As a columnist, I still sometimes fall back on those rules:

Unless crucial to the story, don’t refer to the flat-screen television in the living room or the car in the driveway, no matter how many miles are on it. A depressing number of people will want to know why a poor person needs a TV or an independent mode of transportation.

Avoid mentioning a tattoo unless it’s central to the narrative. Even then, brace yourself for the onslaught of angry readers demanding to know whether taxpayer money paid for that ink.

And just skip the part about the gold cross dangling around the neck of the grieving mother. I admit this is born of self-preservation. The number of people who are more interested in how she got her jewelry than how her son died will eat at your soul.

So here we are, facing another round of legislative attempts to humiliate poor people who can’t fight back. Lots of headlines but little noise from most of us. I’m not the cynic who thinks everybody’s heart has shriveled to stone. I do, however, worry that our exhaustion is fueling these heartless victories.

In Missouri, the pending House Bill 813 stipulates, “A recipient of supplemental nutrition assistance program benefits shall not use such benefits to purchase cookies, chips, energy drinks, soft drinks, seafood, or steak.”

This bill was introduced by state Rep. Rick Brattin, who identifies himself and his family on his website as “devoted Christians.”

In Wisconsin, a new bill would dictate that Supplemental Nutrition Assistance Program benefits could not be used to buy crab, lobster, shrimp, or any other variety of shellfish.

Wisconsin Gov. Scott Walker, the Baptist preacher’s son who insists his marching orders come from God, wants to take it further: Anyone who applies for unemployment, food stamps or another assistance program would have to prove his or her sobriety.

“This is not a punitive measure. This is about getting people ready for work,” he said. “I’m not making it harder to get government assistance. I’m making it easier to get a job.”

In Kansas, we have Gov. Sam Brownback, who last year said, “Our dependence is not on big government, but it’s on a big God, who loves us and lives within us.”

Brownback just signed a bill into law that prevents welfare recipients from spending their assistance on “expenditures in a liquor store, casino, jewelry store, tattoo or body piercing parlor, spa, massage parlor, nail salon, lingerie shop, tobacco paraphernalia store, vapor cigarette store, psychic or fortune telling business, bail bond company, video arcade, movie theater, swimming pool, cruise ship, theme park, dog or horse racing facility or sexually oriented retail business.”

You might wonder whether there was any evidence of such widespread spending, but that would mean you’re in search of facts and you’re definitely not going to fit in with this crowd.

State Sen. Michael O’Donnell, also the son of a pastor who likes to mention Jesus when explaining his opposition to helping the poor, told the Topeka Capital-Journal last month: “We’re trying to make sure those benefits are used the way they were intended. This is about prosperity. This is about having a great life.”

Democratic state Sen. David Haley’s response: “This is a troubling elitism here that this body is embracing during what, for many of us, is Holy Week. We really have to look in the mirror. We can’t say something on Wednesday and shift gears on Sunday and think somebody isn’t paying attention.”

As the late Rev. William Sloane Coffin once put it, “it is ironic to think of the number of people in this country who pray for the poor and needy on Sunday and spend the rest of the week complaining that the government is doing something about them.”

“Ironic” isn’t the word that immediately comes to my mind, but what do I know? I’m just a Christian-in-training, not one of those experts willing to insult our Maker.

Connie Schultz is a Pulitzer Prize-winning columnist and an essayist for Parade magazine. She is the author of two books, including …and His Lovely Wife, which chronicled the successful race of her husband, Sherrod Brown, for the U.S. Senate. To find out more about Connie Schultz (con.schultz@yahoo.com) and read her past columns, please visit the Creators Syndicate Web page at www.creators.com. 

Photo: Jerry Worster via Flickr

Court Ends Florida Governor Scott’s Plan On Drug Tests

Court Ends Florida Governor Scott’s Plan On Drug Tests

Gov. Rick Scott’s callous and condescending plan to drug-test welfare recipients has been demolished by a federal appeals court.

In a 54-page rebuke, the 11th U.S. Circuit Court of Appeals vigorously upheld a lower court’s ruling that it’s unconstitutional to make welfare applicants undergo warrantless and “suspicionless” drug screens, as mandated in a law championed and signed by Scott.

“The State has failed to establish a demonstrable or peculiar drug-use problem among (welfare applicants),” the three-judge panel said unanimously. “If anything, the evidence extant suggests quite the opposite.”

Scott’s law, it concluded, “offends the Fourth Amendment,” which protects Americans against unreasonable search and seizure.

The opinion was written by Judge Stanley Marcus, not exactly a raging liberal. A former organized-crime prosecutor and U.S. Attorney in Miami, Marcus was nominated for the federal bench by President Ronald Reagan.

Although experts had warned that Florida’s broad drug-testing statute wouldn’t survive a court challenge, Scott and the Republican-led Legislature sanctimoniously charged ahead. Now the state’s clanking legal appeals are costing taxpayers a fortune.

The man who upended the law was Luis W. Lebron, a Navy veteran and college student in Orlando. At the time the ACLU filed suit on Lebron’s behalf, he was the single father of a young child, and was also taking care of his disabled mother.

He’d applied for benefits under a program called Temporary Assistance for Needy Families (TANF). The maximum amount he could have received was about $241 monthly over a cumulative period not to exceed 48 months.

At first Lebron consented to a urine test, but later changed his mind. The Department of Children and Families then said he was ineligible for benefits.

The controversial drug law was in effect less than four months before a court intervened in 2011. The state insisted it had the right to require urine tests (paid for by the applicants themselves) in order to protect their children.

As witnesses it offered a Georgetown University psychiatrist who had done some reading on the subject, and two DCF employees who told anecdotes about possible drug use among TANF recipients.

One of the workers said he had “personally detected the odor of marijuana on applicants.” The other said he often met welfare cases who had slurred speech or bloodshot eyes.

That was basically Scott’s whole case. It was shamefully weak.

Marcus ruled that the state “presented no evidence that children of TANF parents face a danger or harm from drug use that is different from the general threat to all children in all families.”

He pointed to a 2000 study done by DCF itself, called the Demonstration Project. Only 335 out of 6,462 TANF applicants tested positive for drugs.

That trend of relatively low usage was “altogether consistent” with data collected 11 years later, after Scott’s law took effect. Of 4,046 TANF applicants who gave urine samples, a measly 2.67 percent tested positive.

By contrast, the rate for the general population is 9.2 percent, according to the National Institute on Drug Abuse.

About a third of those who started a TANF application didn’t finish it, and never took the drug screen. There’s no way to determine if they were substance users, couldn’t afford the test — or were simply offended by the idea of it.

“Citizens,” wrote Marcus, “do not abandon all hope of privacy by applying for government assistance.”

In another case arising from the governor’s urine crusade, the 11th Circuit also struck down his initiative to randomly drug-test state employees for pot, meth, coke, opiates and PCP.

Among those who would have been excluded from that dope screen were Scott himself and all 160 elected members of the House and Senate. Several times I’ve offered to pay the cost for each of them to pee in a cup and send it to a lab, yet there’s no enthusiasm in Tallahassee for that proposal.

Why not? An impaired public official can do way more harm than an impaired unemployed person.

If the governor and legislators are so worried about drug use by others, they should stand up (or sit down) and do the right thing.

Set an example by giving a sample.

If you can’t prove that you’re smart, at least prove that you’re clean.

Carl Hiaasen is a columnist for The Miami Herald. Readers may write to him at: 1 Herald Plaza, Miami, FL, 33132.

Photo: Gage Skidmore via Flickr