ACLU, LGBTQ Groups Sue Tennessee For Law That Imposes Increased Penalties For HIV-Positive Prostitutes

Image Credit: Ted Eytan / CC

The Tennessee Conservative [By Rebecca Scott] –

Since 1991, Tennessee law has stated that a person who knowingly has HIV and “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” will be charged with aggravated prostitution.

While prostitution and soliciting a prostitute are illegal in Tennessee, generally resulting in misdemeanor penalties, the Aggravated Prostitution Law carries heavier penalties including jail time and being registered as a violent sex offender for life.

The ACLU, Tennessee ACLU, and The Transgender Law Center have now filed a federal lawsuit claiming that the Aggravated Prostitution Law is unconstitutional due in part to the fact that “HIV is recognized as a disability protected under the Americans with Disabilities Act,” saying that the law discriminates against those with HIV.

Beyond that, they express great concern that being a registered sex offender makes it impossible for violators to get back on their feet after serving their time in prison.

As registered violent sex offenders, it is claimed that they cannot access the public assistance they deem necessary for finding housing and healthcare after incarceration. These offenders cannot legally be alone with children or be in the vicinity of schools and places frequented by children. Those filing the lawsuit allege that this causes pain and suffering for offenders who have not abused children and now cannot spend time with their own nieces, nephews, and grandchildren.

The lawsuit was filed in Memphis on behalf of four “Jane Does” and OUTMemphis, a group that seeks to “empower, connect, educate, and advocate” for the LGBTQ+ community.

The OUTMemphis executive director, Molly Quinn, is quoted in a news release saying, “This statute solely targets people because of their HIV status and keeps them in cycles of poverty, while posing absolutely zero benefit to public health and safety.”

According to the lawsuit, HIV is no longer the health concern it used to be and can be prevented from spreading and well-treated when contracted. It indicates that the penalties are disproportionate to the crime and is criminalizing people based on their HIV status. The argument is made that those engaging in prostitution will not seek HIV testing, and subsequent treatment, so as not to be held responsible for aggravated prostitution.

A Tennessee ACLU staff attorney, Jeff Preptit, says that Tennessee monies would be better spent on research and intervention in what he calls the HIV epidemic.

So, while the lawsuit claims HIV is not nearly as concerning as it used to be, a lawyer on the case calls HIV an epidemic.

Preptit claims that this law prevents a specifically targeted demographic of Tennesseans from living their lives to the fullest. 

About the Author: Rebecca Scott is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Rebecca at Rebecca@tennesseeconservativenews.com.