DOJ sues Tennessee over law targeting people with HIV

The U.S. Department of Justice is suing Tennessee over a statute that imposes harsher penalties against people with HIV convicted of prostitution.

The lawsuit, filed Thursday in federal court, follows a DOJ investigation that found the state’s aggravated prostitution law imposes harsher penalties on people with HIV than those who don’t have the disease. Regardless of whether the individual knew they had HIV, Tennessee’s law automatically adds them to the “violent sex offenders” list for life.

“People living with HIV should not be subjected to a different system of justice based on outdated science and misguided assumptions,” said Assistant Attorney General Kristen Clarke. “This lawsuit reflects the Justice Department’s commitment to ensuring that people living with HIV are not targeted because of their disability.”

The DOJ’s lawsuit alleges that, under the law, what would otherwise be a misdemeanor is elevated to a felony “based solely on a person’s disability.” In Tennessee, that felony would mean three to 15 years in prison and a fine up to $10,000, while a misdemeanor charge based on the same conduct carries a sentence of no more than six months in prison and up to a $500 fine.

The lawsuit seeks reparations for those convicted under the law, including reimbursement for registry fees, court costs, bonds and attorneys’ fees.

In December, the DOJ had called on Tennessee to stop enforcing the law and expunge the records of those convicted under the statute. Its investigation found that individuals placed on the registry experience increased unemployment and homelessness.

LGBTQ advocates have similarly criticized the law, arguing that it makes finding employment and housing nearly impossible for those convicted.

In its December letter, the DOJ mentioned enforcement in Shelby County and Memphis specifically, which is considered a national hotspot for HIV. Advocacy and non-profit groups in the county were vocal about the repercussions of Tennessee rejecting millions of dollars in federal funding for HIV testing and prevention earlier this year.