NASHVILLE, Tenn. (WTVF) — The Justice Department has filed a lawsuit against the State of Tennessee and the Tennessee Bureau of Investigation for reportedly violating the Americans with Disabilities Act.
According to the lawsuit, the ADA was violated in the state's aggravated prostitution statute against those with HIV.
The Justice Department found that those living with HIV are subjected to harsher criminal penalties because of their HIV status.
In Tennessee, a "person convicted of aggravated prostitution faces three to 15 years in prison and a fine up to $10,000, while a person convicted of a misdemeanor charge based on the same conduct is subject to a penalty of no more than six months in prison and up to a $500 fine."
The state's statute elevates to a felony when the individual has HIV, regardless of any actual risk of harm.
“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 Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “People living with HIV should not be subjected to a different system of justice based on outdated science and misguided assumptions.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.”
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