Eve Hill, partner at Brown, Goldstein & Levy has joined forces with The Center for HIV Law and Policy (CHLP) to file a U.S. Department of Justice complaint to investigate discriminatory HIV criminal laws in Ohio and Tennessee. The parties filed the complaint on behalf of people living with HIV (PLHIV) in these states who have been prosecuted or are at risk of being prosecuted under criminal laws that single out HIV for uniquely punitive treatment. The complaint alleges that the laws violate the federal Americans with Disabilities Act, which prohibits disability-based discrimination.
In Ohio and Tennessee, state laws subject PLHIV to arrest, incarceration as felons and mandatory sex offer registration based on false assumptions about HIV exposure and transmission. These HIV-specific laws assume that HIV exposure or transmission will result from conduct that poses virtually no risk of infection. Neither state requires proof of intent to do harm for an “HIV exposure” conviction. In the complaint, the parties maintain that HIV criminal laws like these are prime examples of the kind of discrimination the ADA was enacted to prevent. The Department of Justice can file a lawsuit against state officials if its investigation finds that Ohio or Tennessee’s HIV laws are discriminatory or raise an issue of general public importance.
Read more about the Center for HIV Law and Policy here.
Since joining the BGL team in 2017, Eve has been a leading force in the firm’s commitment to civil rights, high-impact disability rights cases and advocacy on behalf of individuals and their families. She co-leads Inclusivity, BGL’s Strategic Consulting Group that works to help public and private sector organizations and industry groups navigate the rapidly changing landscape of disability and civil rights. Prior to joining BGL, Eve served as Deputy Assistant Attorney General of the U.S. Department of justice for six years. Read more about Eve Hill’s extensive experience in disability and civil rights by clicking here.