A freshly announced lawsuit by the Department of Justice (DOJ) against Tennessee and its Bureau of Investigation has set a milestone. The crux of the suit is the alleged violation of the sanctity of the Americans with Disabilities Act (ADA), highlighting the ongoing practice of Tennessee's rigorous application of a unique prostitution statute against persons with Human Immunodeficiency Virus (HIV).
The DOJ had known its concerns regarding the discriminatory aspect of this practice to Tennessee representatives. The resolution, however, remains unpursued. Meanwhile, the lawsuit paints a stepping stone toward safeguarding the rights of individuals living with HIV in Tennessee.
Does HIV-based State Law Breach ADA?
In the line of fire is a Tennessee state law - an aggravated prostitution statute that targets persons living with HIV, regardless of the risk they might present to others. Kristen Clarke pinpointed this discrepancy as Assistant Attorney General at the Justice Department Civil Rights Division.
She argued that the enforcement of such laws solely based on HIV status (instead of on actual risk) discriminates against those living with HIV. Clarke further exposed that implementing laws based on antiquated medical presumptions and misconceived notions remains unwarranted. The lawsuit epitomizes the Justice Department's commitment to safeguard the rights of individuals living with HIV from marginalization due to their condition.
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Unfair Consequences of Conviction
In Tennessee's aggravated prostitution statute, the state escalates what would be a misdemeanor to felony status solely based on the person's HIV status. The severity of such convictions leads to criminal penalties, including 3 to 15 years of prison and a fine that may be as high as $10,000. This stands in stark contrast to individuals who, lacking an HIV status and convicted on a misdemeanor charge for similar conduct, get a maximum of six months imprisonment and up to a mere $500 fine.
A menacing reality arises from this situation, wherein 'aggravated prostitution' is classified as a violent sexual offense. Convictions primarily result in lifetime registration on Tennessee's Sex Offender Registry. This enforces restricted rights concerning living, employment, and public movements, often resulting in severe repercussions like rising homelessness and unemployment rates.
Can Discrimination Go Unnoticed?
Public scrutiny of one's HIV status is another dreadful consequence for those convicted under the criticized statute. Given the prevailing societal stigma around HIV, such public exposure often triggers harassment and discrimination.
The lawsuit mentions an instance where a person had to face periods of homelessness due to strict housing prerequisites imposed by the registry. She also faced employment rejection and inhibited familial interactions, all stemming from her HIV conviction.
The Justice Department lawsuit asserts its dedication to the objectives of ADA - promoting equal opportunities, independent living, full participation, and economic self-sufficiency for people with disabilities. This lawsuit sparks hope toward a positive shift in the state laws that continue discriminating against persons living with HIV, warranting enforcement of state laws based on actual risk factors rather than mere HIV status.
