Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Windy City Times 2023-12-13
DOWNLOAD ISSUE
Donate

Sponsor
Sponsor
Sponsor

  WINDY CITY TIMES

Judge orders a stop to segregation of Alabama HIV prisoners
From an ACLU news release
2012-12-21

This article shared 2400 times since Fri Dec 21, 2012
facebook twitter google +1 reddit email


MONTGOMERY, Ala. — A federal judge today ordered Alabama to stop segregating prisoners living with HIV, ruling that the practice violates the Americans with Disabilities Act (ADA).

U.S. District Court Judge Myron H. Thompson ruled in a class-action lawsuit by the American Civil Liberties Union on behalf of all Alabama prisoners with HIV that the Alabama Department of Corrections (ADOC) discriminates against the prisoners by housing them separately from all other prisoners and categorically denies them equal access to prison rehabilitative programs.

The court ruled the ADA prohibits blanket disability-based exclusions and mandates that prisoners with disabilities must be housed in the most integrated setting appropriate to the needs of the individuals. Exceptions may be made only on an individualized, case-by-case basis if the specific situation warrants different treatment.

Thompson said in his decision: "It is evident that, while the ADOC's categorical segregation policy has been an unnecessary tool for preventing the transmission of HIV, it has been an effective one for humiliating and isolating prisoners living with the disease."

"Today's decision is historic," said Margaret Winter, associate director of the ACLU National Prison Project and lead counsel for the plaintiffs. "It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with HIV and their families."

The court issued a permanent injunction ordering Alabama to abandon its discriminatory practices, including its categorical exclusion of prisoners with HIV from work-release jobs in the food industry, from assignment to faith-based honor dorms, and from a host of other rehabilitative, educational, trade skills and vocational programs.

"Ending a policy that treated human beings like cattle to be tagged and herded is a tremendous victory for human rights," said Olivia Turner, executive director of the ACLU of Alabama, which participated in the lawsuit.

The court found that HIV-positive prisoners with serious mental health needs and substance abuse problems were wrongfully excluded even from critically important treatment programs.

The court's decision also bans Alabama's policy of requiring all male prisoners with HIV to always wear white armbands to alert others of their status, which Winter characterized as "a latter-day yellow star."

The suit, Henderson et al. v. Thomas et al., was filed last year. There are approximately 240 male and 10 female prisoners living with HIV in the Alabama prison system.

During a month-long trial that began Sept. 17 in Montgomery, the ACLU argued that Alabama's HIV policy is not based on legitimate interests in safety and is unnecessary to prevent the transmission of HIV.

Experts testified that the risk of transmitting HIV is virtually nonexistent for patients properly treated with modern HIV medications. And in surprise testimony, ADOC's associate commissioner in charge of security admitted on cross-examination that he no longer believes the HIV-segregation policy is justified.

"Alabama's policies regarding prisoners living with HIV are relics from an era of hysteria," said Amanda Goad, staff attorney with the ACLU AIDS Project. "We look forward to seeing the Department of Corrections fully implement Judge Thompson's decision and end its discriminatory practices."

The Judge's decision is at:

www.aclu.org/files/assets/dkt249_opinion._signed_by_honorable_judge_myron_h._thompson.pdf

For background on the ACLU's case, visit:

www.aclu.org/hiv-aids-prisoners-rights/henderson-et-al-v-thomas-et-al


This article shared 2400 times since Fri Dec 21, 2012
facebook twitter google +1 reddit email

Out and Aging
Presented By

  ARTICLES YOU MIGHT LIKE

Gay News

HIV criminal laws disproportionately impact Black men in Mississippi 2024-02-21
--From a press release - A new report by the Williams Institute at UCLA School of Law finds that at least 43 people in Mississippi were arrested for HIV-related crimes between 2004 and 2021. Half of all arrests in the state ...


Gay News

'West Side Story' gets a sex-positive spin with new burlesque show 2024-02-19
- In partial observance of National Condom Day, which was Feb. 14, Los Angeles-based AIDS Healthcare Foundation (AHF) presented A West Side Story Burlesque at the Harris Theater for two hour-long performances on Feb. 17. The show, ...


Gay News

$200,000+ raised at AIDS Foundation Chicago's World of Chocolate Fundraiser to fight HIV/AIDS 2024-02-13
--From a press release - (Chicago, IL) More than 950 guests gathered at Chicago's famed Union Station (500 W. Jackson) for Chicago's Sweetest Fundraiser, AIDS Foundation Chicago's (AFC), World of Chocolate on Friday, February 9. ...


Gay News

Munar prepares to step away from Howard Brown leadership 2024-02-11
- After 10 years of leadership at Howard Brown Health, President and CEO David Ernesto Munar has decided to step down from his post on Feb. 29. Munar, who'd previously been president and CEO of AIDS Foundation ...


Gay News

National Black Justice Coalition commemorates National Black HIV/AIDS Awareness Day 2024-02-07
--From a press release - WASHINGTON — Today, Feb. 7, marks National Black HIV/AIDS Awareness Day (NBHAAD). In commemoration, Dr. David J. Johns, CEO of the National Black Justice Coalition (NBJC), a leading Black LGBTQ+/same-gender ...


Gay News

NATIONAL Wis. report, gender dysphoria, HIV research, Stonewall exhibit, gay CEOs 2024-01-19
- A new annual report from Wisconsin's Office of Children's Mental Health shows that the state's minors—especially girls, children of color and LGBTQ+ youth—continue to struggle with anxiety, depression and thoughts ...


Gay News

WORLD Activist honored, marriages in Estonia, Madrid law, trans sports item 2024-01-05
Video below - The National AIDS Commission (NAC) recently honored Caleb Orozco—a leading figure in the fight for LGBTQ+ rights in Belize—for his instrumental contributions to the national HIV response, BNN reported. According ...


Gay News

SAVOR World of Chocolate, Jaleo and 'Superhot' 2023-12-31
- World of wonder: I am excited to announce that I will be a judge at AIDS Foundation Chicago's World of Chocolate fundraiser! Join me in sampling delicious chocolate from local chefs and help support a great ...


Gay News

PASSAGES Frankie Franklin-Foxx 2023-12-18
- Frankie Franklin-Foxx (born Waverlynn Franklin), a resident of Chicago's North Side, passed away peacefully Dec. 13 at St. Francis Hospital in Evanston. She was 68. Born at Cook County Hospital, Frankie graduated from South Shore High ...


Gay News

NATIONAL Dr. Rachel Levine, World AIDS Day, trans deaths, Philly bar art 2023-12-08
- United States District Court for the Northern District of Alabama Liles C. Burke ruled that emails and other records from U.S. Assistant Secretary for Health Dr. Rachel Levine are relevant to a lawsuit challenging Alabama's ban ...


Gay News

STRUT marks World AIDS Day with 14th Annual Fashion Show 2023-12-05
- On Dec. 3, John Fleming and Madman Productions presented the 14th annual STRUT fashion show at Joe's on Weed Street, 940 W. Weed St. As in previous years, the standing room only show was a fundraiser, ...


Gay News

World AIDS Day commemorated at AIDS Garden Chicago 2023-12-03
- On the rainy morning of Dec. 1, Chicago Parks Foundation and the AIDS Garden Chicago Board of Directors hosted a World AIDS Day commemoration at AIDS Garden Chicago, just south of Belmont Harbor on the Lakefront. ...


Gay News

GLAAD marks World AIDS Day with launch of global resource hub, new HIV report 2023-12-01
--From a press release - New York, New York — Friday, Dec. 1 — GLAAD marked World AIDS Day this year by sharing the results of its fourth annual State of HIV Stigma Report, a national survey among U.S. adults measuring ...


Gay News

Wrightwood 659 to present 'Daniel Goldstein: The Marks We Leave Behind' on World AIDS Day 2023-11-29
- (CHICAGO, Nov. 29, 2023) —Alphawood Exhibitions will present Daniel Goldstein: The Marks We Leave Behind, an exhibition of works from the San Francisco-based artist & HIV/AIDS activist's iconic "Icarian Series," ...


Gay News

WTTW doc chronicles the activism of Danny Sotomayor 2023-11-03
- Practically everything the late Chicago AIDS activist Danny Sotomayor did was "a fight." So says fellow activist Victor Salvo in the new WTTW documentary The Outrage of Danny Sotomayor, which is part of the station's Chicago ...


 


Copyright © 2024 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.

All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transgender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 
 

TRENDINGBREAKINGPHOTOS







Sponsor


 



Donate


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam     
Privacy Policy     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.