Justice Department sues Tennessee for discrimination against people with HIV

Patrick Hilsman
·2 min read
UPI
The Justice Department sued Tennessee Thursday for discriminating against HIV-positive people. File Photo by Michael Kleinfeld/UPI

Feb. 15 (UPI) -- The U.S. Department of Justice has filed suit Thursday against Tennessee and the Tennessee Bureau of Investigation for enforcing a law it says discriminates against HIV patients and violates the Americans with Disabilities Act.

"The department's investigation found that the state and TBI subject people living with HIV to harsher criminal penalties solely because of their HIV status, violating Title II of the ADA. Tennessee's aggravated prostitution statue elevates what would otherwise be misdemeanor conduct to a felony because the individual has HIV, regardless of any actual risk of harm," the Justice Department said in a press release Thursday.

According to the Justice Department, the "aggravated prostitution" charge that has been levied against HIV positive sex workers can carry a 15-year sentence and $10,000 fine, while the misdemeanor charge can carry a sentence of up to six months and a fine of $500.

"People living with HIV should not be subjected to a different system of justice based on outdated science and misguided assumptions. This lawsuit reflects the Justice Department's commitment to ensuring that people living with HIV are not targeted because of their disability," said the Justice Department's Civil Rights Division's Assistant Attorney General Kristen Clarke.

In addition to carrying a harsher sentence, the "aggravated prostitution" charge also is categorized as a "violent sexual offense," which means people prosecuted for consensual sexual acts can be subjected to the same restrictions as violent sex offenders.

"Individuals placed on the registry due to convictions for aggravated prostitution are restricted in where they may live, work and go in pubic, and have experienced increased homelessness and unemployment," the Justice Department said.

Additionally, the Justice Department says that the "aggravated prostitution" charge results in the disclosure of patients' HIV status, which can result in harassment and discrimination.

The Justice Department's filing references a woman who is unable to find employment or see her nephew due to being placed on the sex offender registry.