Clearinghouse coding complete
On December 1, 2023, the U.S. Department of Justice (DOJ) Civil Rights Division announced its finding that Tennessee residents living with HIV face harsher criminal penalties solely because of their HIV status, violating Title II of the Americans with Disabilities Act (ADA). A major focus of the investigation was enforcement of the state's aggravated prostitution statute, which was commonly applied to people living with HIV regardless of any actual risk of harm. The DOJ found that much of the discriminatory enforcement was concentrated in Shelby County, and the Shelby County District Attorney General’s Office (SCDAO) was also named in the findings letter.
Tennessee’s aggravated prostitution statute, passed in 1991, elevates what would otherwise be misdemeanor conduct to a felony because the individual has HIV, regardless of any actual risk of harm. 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 sentence of no more than six months and up to a $500 fine. Aggravated prostitution was also categorized as a “violent sexual offense,” mandating registration by those convicted on the Tennessee Sex Offender Registry, in most cases for life. Individuals placed on the registry due to convictions for aggravated prostitution were restricted in where they could live, work, and go in public, and experienced increased homelessness and unemployment. These individuals also faced public disclosure of information about their HIV status, which can lead to harassment and discrimination. The investigation found that the SCDAO examined individuals’ HIV records and determined whether to pursue felony charges, rather than misdemeanor charges, based solely on their HIV-positive status.
The findings letter asked Tennessee and the SCDAO to undertake a number of remediation measures. First, to cease the enforcement practices in question and adopt specific anti-discriminatory enforcement policies. Second, train relevant staff in the new policies. Third, take steps to rectify ongoing or potential consequences resulting from prior or ongoing enforcement of the statute, including removing individuals from the Sex Offender Registry and expunging records. Finally, the letter requested that the parties report back to the DOJ about the steps they took to ameliorate the discriminatory effects and practices.
As of January 3rd, 2024, the matter was ongoing.
Summary Authors
Terry Howard (1/3/2024)
State / Territory: Tennessee
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The U.S. Department of Justice Civil Rights Division
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Shelby County District Attorney General’s Office (Shelby), County
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Area:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Medical/Mental Health Care: