(Dmytro “Henry” Aleksandrov, Headline USA) On Feb. 15, 2024, the Department of Justice filed a lawsuit against the state of Tennessee, arguing that a law that penalizes hookers for knowingly spreading the Human Immunodeficiency Virus (HIV) is a prohibited form of discrimination under the Americans with Disabilities Act (ADA).
“Aggravated prostitution,” which is a felony, is defined by a Tennessee law as when an individual knowingly “engages in sexual activity as a business or is an inmate in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity,” even though the individual is aware of having HIV.
According to the DOJ complaint, the law violates the ADA because prostitutes should not be charged with “more severe criminal sanctions because of their disability.”
“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,” Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division said.
Clarke then continued defending hookers who spread the disease by blaming “outdated” science and “misguided” assumptions.
“People living with HIV should not be subjected to a different system of justice based on outdated science and misguided assumptions.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,” she added.
Those who were convicted of aggravated prostitution are also required by law to register as a sex offender. The DOJ complained that it would restrict where those convicted can “live, work, and go in public.”
According to the DOJ’s complaint, those who are convicted “may not live or accept employment within 1,000 feet of any school, daycare center, other childcare facility or public park, playground, recreation center or athletic field.”
