The Department of Justice (DOJ) announced Friday that the enforcement of a Tennessee law meant to prevent the knowing spread of HIV violates the Americans with Disabilities Act (ADA).
“Tennessee’s aggravated prostitution law is outdated, has no basis in science, discourages testing and further marginalizes people living with HIV,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, according to a DOJ press release. “People living with HIV should not be treated as violent sex offenders for the rest of their lives solely because of their HIV status. The Justice Department is committed to ensuring that people with disabilities are protected from discrimination.”
The DOJ says the statute violates the ADA, a 1990 law that prevents discrimination against disabled people. HIV and AIDS are both considered disabilities.
The aggravated prostitution statute makes prostitution a felony, not a misdemeanor if the person committing the act knowingly has HIV. Aggravated prostitution carries with it three to 15 years in prison and a fine of up to $10,000, while the misdemeanor charge of prostitution carries with it a prison sentence of up to six months and a fine of up to $500.
The crime is also categorized as a “violent sexual offense,” meaning that offenders must register as sex offenders, which the DOJ says is unfair, claiming that people who are “placed on the registry due to convictions for aggravated prostitution are restricted in where they may live, work and go in public, and have experienced increased homelessness and unemployment.”
In a letter to state officials and the Shelby County District Attorney General’s Office, the DOJ demands remedial measures, including that Shelby County discontinue enforcing the law.
“Cease enforcement of the aggravated prostitution statute, including new prosecutions, probation violations for individuals convicted of aggravated prostitution, prosecutions for violating the [Sex Offender Registry] requirements for individuals on the SOR solely for aggravated prostitution convictions, and pursuit of revocation of suspended sentences for individuals convicted of aggravated prostitution,” the letter says.
“Through the [Tennessee Bureau of Investigation], remove individuals from the SOR who are listed solely for aggravated prostitution convictions,” the letter says. “For any individuals who would remain on the SOR for other convictions, remove all references to aggravated prostitution on their SOR entry. Refrain from adding any new individuals to the SOR where the addition is based on an aggravated prostitution conviction.”
In October, the American Civil Liberties Union (ACLU) filed a lawsuit against the state, saying that the law is discriminatory.
“We’re suing Tennessee for their ‘aggravated prostitution’ statute that targets people with HIV with harsh punishment and lifetime sex offender registration. This law is unconstitutional and disproportionately affects Black and transgender women,” the group said at the time, as reported by The Tennessee Star. “The law elevates engaging in sex work from a misdemeanor to a felony based on someone’s HIV status – a protected disability.”
“People who are convicted must register as violent sex offenders for the rest of their lives, restricting their access to housing, employment, and social services. Instead of criminalizing HIV, which disproportionately targets people who are already socially and financially marginalized, lawmakers should invest in evidence-based public health support for people with HIV. Tennessee, we’ll see you in court.”
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Pete D’Abrosca is a reporter at The Tennessee Star and The Star News Network. Follow Pete on Twitter/X.
These same turds wanted to prosecute people for not getting the Covid19 vaxx.
Anyone who is familiar with Attorney General Kristen Clarke, knows what a talentless, affirmative action hire she is. With her thinking, she is doing a 180 on their pursuit of the entire COVID debacle. The, they wanted to lock folks up and destroy the lives of those not willing to comply with their pseudo-science.
Lock downs for “Covid”.
But “Freedom” to infect people with HIV/AIDS, and without consequences.
Really, this could be a blessing in disguise, only Liberal/Democrats engage in the kind of conduct that spread these “Germs”.
Reducing their population and influence in Government.
I have so many questions:
1) How is being HIV positive a disability? In what manner does it interfere with one’s ability to make a living?
2) Does any other STI have a similar treatment? Can selling sexual intercourse with any other undisclosed infection also count as “aggravated prostitution?”
3) Is this any different from “free” sexual intercourse when left unexposed?
4) Is this the same America that would cause people to lose their livelihood, property, or other “rights” over not wearing a face mask? This is a matter of “public health,” right?
Face it, folks. This is a matter of the left promoting the GQ-BLT crew over the majority. Again.