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Governor Rick Scott’s plan to drug test state workers is being challenged in federal court. The ACLU filed suit today to block the tests. Random drug testing was ruled unconstitutional in 2004 after the state tried to test Department of Juvenile Justice workers. Capital correspondent Whitney Ray spoke with the plaintiff in that 2004 suit and has more from our Tallahassee bureau.

Rod Wenzel spent 17 years writing public policy and developing cost saving measures for the state. He worked for two governors and won awards.

Then in June of 2003, while developing cost savings strategies for the Department of Juvenile Justice, Rod’s number was called. He was selected for a random drug test. He refused.

“We have the constitution of the United States to protect and I was protecting against an illegal search of my body and I was protecting against my privacy,” said Rod.

Rod refused two more times before he was fired. He sued and won.

A federal judge ruled the random drug tests unconstitutional in Rod’s case. The judge said in order to randomly test there must be a “concrete risk of real harm.”

Since Rod worked in the office and didn’t deal with offenders or carry a gun he posed no real harm to the public. But Governor Rick Scott is ignoring the 2004 ruling. He’s ordered random tests for all state workers.

The ACLU is suing to block the tests. They say Scott’s policy violates the 4th amendment. Rod says it’s a waste of time and money to implement a policy already thrown out by the courts.

“He is doing a disservice to every citizen in this state and every citizen in America and that is sad,” said Rod.

Now, once again, it’s up to a federal judge to decide if the random tests are constitutional. The tests are expected to cost taxpayers 3.5 million dollars a year.