The United States Department of Justice (DOJ) has filed a lawsuit against the Tennessee government and Tennessee Bureau of Investigation (TBI) for its law criminalizing prostitutes who spread HIV. “The enforcement of state criminal laws that treat people differently based on HIV status alone and that are not based on actual risks of harm discriminate against people living with HIV,” said DOJ Civil Rights Division Assistant Attorney General Kristen Clarke in a press release. “People living with HIV should not be subjected to a different system of justice based on outdated science and misguided assumptions.”The DOJ had notified the Tennessee government and TBI they had violated the Americans with Disabilities Act (ADA) by enforcing an aggravated prostitution statute against people with HIV. It ordered they implement various remedial measures to address the discrimination. During its investigation, it found they subjected people with HIV to harsher criminal penalties because of their status, violating Title II of the ADA. It said the statute elevates what would otherwise be misdemeanour conduct to a felony because the person has HIV, regardless of any risk of harm. People convicted of aggravated prostitution face three to 15 years in prison and a fine of up to $10,000, but those convicted of a misdemeanour charge based on the same conduct are subject to a penalty of no more than six months in prison and a fine of up to $500. Aggravated prostitution is categorized as a violent sexual offence mandating registration by people convicted on the Tennessee Sex Offender Registry (TSOR). The Tennessee government maintains the TSOR through the TBI. People placed on the TSOR due to convictions for aggravated prostitution are restricted in where they might live, work, and go in public and have experienced increased homelessness and unemployment. They face public disclosure of information about their HIV status, which can lead to harassment and discrimination. The DOJ acknowledged it plays a central role in advancing the ADA’s goals of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities. “This lawsuit reflects the Justice Department’s commitment to ensuring that people living with HIV are not targeted because of their disability,” said Clarke. This incident comes after US health officials said in October doctors can begin prescribing a common antibiotic pill to sexual minorities to reduce sexually transmitted infections. READ MORE: US proposes new antibiotic pill after sex to prevent STIs among gay communityThe pill is anticipated to prevent STIs such as chlamydia, gonorrhea and syphilis among the sexual minority community. It has fueled concerns it might give rise to more resistant strains, so it is not being encouraged in a wider demographic.
The United States Department of Justice (DOJ) has filed a lawsuit against the Tennessee government and Tennessee Bureau of Investigation (TBI) for its law criminalizing prostitutes who spread HIV. “The enforcement of state criminal laws that treat people differently based on HIV status alone and that are not based on actual risks of harm discriminate against people living with HIV,” said DOJ Civil Rights Division Assistant Attorney General Kristen Clarke in a press release. “People living with HIV should not be subjected to a different system of justice based on outdated science and misguided assumptions.”The DOJ had notified the Tennessee government and TBI they had violated the Americans with Disabilities Act (ADA) by enforcing an aggravated prostitution statute against people with HIV. It ordered they implement various remedial measures to address the discrimination. During its investigation, it found they subjected people with HIV to harsher criminal penalties because of their status, violating Title II of the ADA. It said the statute elevates what would otherwise be misdemeanour conduct to a felony because the person has HIV, regardless of any risk of harm. People convicted of aggravated prostitution face three to 15 years in prison and a fine of up to $10,000, but those convicted of a misdemeanour charge based on the same conduct are subject to a penalty of no more than six months in prison and a fine of up to $500. Aggravated prostitution is categorized as a violent sexual offence mandating registration by people convicted on the Tennessee Sex Offender Registry (TSOR). The Tennessee government maintains the TSOR through the TBI. People placed on the TSOR due to convictions for aggravated prostitution are restricted in where they might live, work, and go in public and have experienced increased homelessness and unemployment. They face public disclosure of information about their HIV status, which can lead to harassment and discrimination. The DOJ acknowledged it plays a central role in advancing the ADA’s goals of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities. “This lawsuit reflects the Justice Department’s commitment to ensuring that people living with HIV are not targeted because of their disability,” said Clarke. This incident comes after US health officials said in October doctors can begin prescribing a common antibiotic pill to sexual minorities to reduce sexually transmitted infections. READ MORE: US proposes new antibiotic pill after sex to prevent STIs among gay communityThe pill is anticipated to prevent STIs such as chlamydia, gonorrhea and syphilis among the sexual minority community. It has fueled concerns it might give rise to more resistant strains, so it is not being encouraged in a wider demographic.
