The Justice Department has announced that the Shelby County, Tennessee, District Attorney General (DA) has reached an agreement to halt the prosecution of individuals living with human immunodeficiency virus (HIV) under Tennessee’s aggravated prostitution law. The DA will also implement reforms to rectify discrimination against people living with HIV who have been subjected to discriminatory and harsher penalties under this law.
This agreement resolves the Justice Department’s findings that the Shelby County DA violated the Americans with Disabilities Act (ADA) by enforcing Tennessee’s aggravated prostitution law, which imposed enhanced criminal penalties based on a person’s HIV status. These prosecutions were conducted without considering the risk of transmitting HIV, and the harsher penalties included being charged with a felony (as opposed to a misdemeanor) and being required to register for life as a sex offender.
“Living with HIV is not a crime and the continued enforcement of laws that criminalize a person based on their HIV status, regardless of risk, perpetuate bias, stereotypes and ignorance about HIV,” stated Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We are pleased that Shelby County District Attorney has agreed to cease enforcement of this discriminatory law, and that future prosecution decisions will reflect the significant advances made in HIV prevention and treatment, consistent with the ADA.”
Under this agreement, the DA will not prosecute individuals under the aggravated prostitution law or for violations of the sex offender registry requirements resulting from prior convictions under that law. The DA will also notify anyone eligible about their ability to petition for vacatur of their convictions, termination of their sentences' remainder, and elimination of fees owed.
Furthermore, this agreement mandates that the Shelby County DA adopt policies and train prosecuting attorneys on ADA's anti-discrimination requirements relating to HIV—a disability under ADA. As part of this agreement, the DA will report its compliance with these terms to the department.
The Justice Department plays a pivotal role in promoting ADA's goals—equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov.