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I began this blog in May 2009 following the death of Marcia Powell at Perryville State Prison in Goodyear, Arizona. It is not intended to prescribe the path that leads to freedom from the prison industrial complex.

Rather, these are just my observations in arguably the most racist, fascist, militaristic state in the nation at a critical time in history for a number of intersecting liberation movements. From Indigenous resistance to genocidal practices, to the fight over laws like SB1070 and the ban on Ethnic Studies, Arizona is at the center of many battles for human rights, and thus the struggle for prison abolition as well - for none are free until all are. I retired the blog in APRIL 2013.

Visit me now at Arizona Prison Watch or Survivors of Prison Violence-AZ
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Showing posts with label criminalization of hiv. Show all posts
Showing posts with label criminalization of hiv. Show all posts

Tuesday, July 13, 2010

National HIV/AIDS Strategy released today

This comes from the HIV Prevention Justice Alliance via the CHAMP Network (Community HIV/AIDS Mobilization Project). They also run the "UNSHACKLE" project, which specifically addresses HIV/AIDS behind bars and has lined up in support of a number of other prisoner-rights issues. The UNSHACKLE list-serve is a tremendous resource for anyone seriously interested in HIV/AIDS in prison - as is their website.

This announcement is for Obama's press conference later today, but several links are embedded in it that will be useful for awhile (such as this one: nationalaidsstrategy.org) so read on:

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Dear Friend of CHAMP,

Over the past three years, we have been fighting together for a National HIV/AIDS Strategy.

Today, it will be launched by President Obama.

We invite you to join us in ensuring the Strategy becomes a tool for HIV Prevention Justice.

TODAY: The press conference launching the Strategy (2 pm Eastern) will be a live webcast from the White House complex at WhiteHouse.gov/live. Join us for a LIVE BLOG at www.preventionjustice.org DURING the webcast to share your thoughts, analysis, and ideas. President Obama will also speak on the Strategy via live webcast at 6 pm.

We have been told by numerous people involved in the creation of the strategy that we MUST "hold their feet to the fire" on implementation. If we agree that the Strategy has key elements that reflect human rights and principles of HIV Prevention Justice, you can rely on the HIV Prevention Justice Alliance to join together in action to demand implementation and monitoring. Thus, we will make sure you have all available materials to help analyze and act on the Strategy.

Below, you will find the information for:

- TODAY's live web broadcast and the HIV Prevention Justice Alliance Live Blog of the Strategy launch (as well as the link for watching the President's address on the Strategy at 6 pm ET).

- resources for evaluating the Strategy and/or leveraging its release for local use.

- an invitation to a conference call sponsored by the Coalition for a National AIDS Strategy.

- the New York Times story from yesterday's paper with leaks from the Strategy itself.

As the Strategy launches today, know that it was your dedication, passion and voices that demanded its creation. And know that we must stay in the fight if it is to succeed. Our thanks to you, and our invitation to move forward together.

Yours in the struggle,

David, Dazon, Julie, Pat, Waheedah, Walt and all of us at CHAMP and the HIV Prevention Justice Alliance

1) TODAY: webcasts and liveblog:

On Tuesday, July 13, Health and Human Services Secretary Kathleen Sebelius and White House officials will unveil the Obama Administration's National HIV/AIDS Strategy. Watch the presentation of the plan online at WhiteHouse.gov/live at 2:00 p.m. ET. Open another web browser window and join the HIV Prevention Justice Alliance Live Blog at the same time at www.preventionjustice.org.

Later, President Barack Obama will deliver remarks at a White House reception honoring the HIV/AIDS Community. The President's address can also be viewed online at WhiteHouse.gov/live at 6:00 p.m. ET.

2) How to get the Strategy, and tools for evaluating and leveraging it:

From the Coalition for a National AIDS Strategy:

On Tuesday afternoon, the Strategy will be posted online at: WhiteHouse.gov/ONAP. To help prepare community members for the announcement, the Coalition for a National AIDS Strategy developed this Guide to Communicating about the Strategy, which offers ideas on how to leverage the plan to garner local and national attention for urgent issues in our communities. Other helpful resources include the Gender Monitoring Toolkit and Report Card developed by a coalition of groups to evaluate and monitor the Strategy from a human rights and gender perspective. Moving Beyond the Status Quo summarizes the recommendations of an independent working group to improve chances the Strategy is effective. Other community recommendations for the plan are posted at nationalaidsstrategy.org.

3) Conference call to discuss the Strategy:

The Coalition for a National AIDS Strategy will host a community conference call on Tuesday, August 10 at 2:00 p.m. ET to share community reactions to the Strategy, report on the International AIDS Conference taking place later this month in Vienna, and discuss advocacy steps needed to move implementation of the Strategy forward. The HIV Prevention Justice Alliance will ensure you have the details on how to join.

3) New York Times Story:

Obama to Outline Plan to Cut H.I.V. Infections

By ROBERT PEAR
New York Times
July 12, 2010

WASHINGTON - Pwill unveil a new national strategy this week to curb the AIDS epidemic by slashing the number of new infections and increasing the number of people who get care and treatment.

"Annual AIDS deaths have declined, but the number of new infections has been static and the number of people living with H.I.V. is growing," says a final draft of the report, obtained by The New York Times.

In the report, the administration calls for steps to reduce the annual number of new H.I.V. infections by 25 percent within five years. "Approximately 56,000 people become infected each year, and more than 1.1 million Americans are living with H.I.V.," the report says.

Mr. Obama plans to announce the strategy, distilled from 15 months of work and discussions with thousands of people around the country, at the White House on Tuesday.

While acknowledging that "increased investments in certain key areas are warranted," the report does not propose a major increase in federal spending. It says the administration will redirect money to areas with the greatest need and population groups at greatest risk, including gay and bisexual men and African-Americans. The federal government now spends more than $19 billion a year on domestic AIDS programs.

On average, the report says, one person is newly infected with H.I.V. every nine and a half minutes, but tens of thousands of people with the virus are not receiving any care. If they got care, the report says, they could prolong their own lives and reduce the spread of the virus to others. By 2015 the report says, the United States should "increase the proportion of newly diagnosed patients linked to clinical care within three months of their H.I.V. diagnosis to 85 percent," from the current 65 percent.

The first-ever national AIDS strategy has been in the works since the start of the administration. It comes in the context of growing frustrations expressed by some gay rights groups. They say that more money is urgently needed for the AIDS Drug Assistance Program, and they assert that the White House has not done enough to secure repeal of the law banning military service by people who are openly gay or bisexual.

The report tries to revive the sense of urgency that gripped the nation in the first years after discovery of the virus that causes AIDS. "Public attention to the H.I.V. epidemic has waned," the report says. "Because H.I.V. is treatable, many people now think that it is no longer a public health emergency."

The report calls for "a more coordinated national response to the H.I.V. epidemic" and lays out specific steps to be taken by various federal agencies.

Mr. Obama offers a compliment to President George W. Bush, who made progress against AIDS in Africa by setting clear goals and holding people accountable.

The program begun by Mr. Bush, the President's Emergency Plan for AIDS Relief, "has taught us valuable lessons about fighting H.I.V. and scaling up efforts around the world that can be applied to the domestic epidemic," the report says.

Mr. Obama's strategy is generally consistent with policies recommended by public health specialists and advocates for people with H.I.V. But some experts had called for higher goals, more aggressive timetables and more spending on prevention and treatment.

The report makes these points:

¶ Far too many people infected with H.I.V. are unaware of their status and may unknowingly transmit the virus to their partners. By 2015, the proportion of people with H.I.V. who know of their condition should be increased to 90 percent, from 79 percent today.

¶ The new health care law will significantly expand access to care for people with H.I.V., but federal efforts like the Ryan White program will still be needed to fill gaps in services.

¶ Federal spending on H.I.V. testing and prevention does not match the need. States with the lowest numbers of H.I.V./AIDS cases often receive the most money per case. The federal government should allocate more of the money to states with the highest "burden of disease."

¶ Health officials must devote "more attention and resources" to gay and bisexual men, who account for slightly more than half of new infections each year, and African-Americans, who account for 46 percent of people living with H.I.V.

¶ The H.I.V. transmission rate, which indicates how fast the epidemic is spreading, should be reduced by 30 percent in five years. At the current rate, about 5 of every 100 people with H.I.V. transmit the virus to someone in a given year.

If the transmission rate is unchanged, the report says, "within a decade, the number of new infections would increase to more than 75,000 per year and the number of people living with H.I.V. would grow to more than 1.5 million."

The report finds that persistent discrimination against people with H.I.V. is a major barrier to progress in fighting the disease.

"The stigma associated with H.I.V. remains extremely high," it says. "People living with H.I.V. may still face discrimination in many areas of life, including employment, housing, provision of health care services and access to public accommodations."

The administration promises to "strengthen enforcement of civil rights laws" protecting people with H.I.V.

One political challenge for the administration is to win broad public support for a campaign that will focus more narrowly on specific groups and communities at high risk for H.I.V. infection.

"Just as we mobilize the country to support cancer research whether or not we believe that we are at high risk of cancer and we support public education whether or not we have children," the report says, "fighting H.I.V. requires widespread public support to sustain a long-term effort."

Sunday, September 20, 2009

Criminalizing HIV: Iowa

From the UNSHACKLE list-serve (link at bottom to join):
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Dear UNSHACKLE friends,

Many of you have been following the conversation on HIV criminalization spurred by the case of an Iowa man who was sentenced in May to 25 years in prison and a lifetime on parole for criminal transmission of HIV in a case in which the one-time consensual partner did not contract HIV.


The most recent article, Man with HIV calls Iowa’s transmission law ‘a sledgehammer looking for a thumbtack’, is pasted below.

One critical issue that the article highlights is that while knowledge about HIV has increased in the decade since Iowa (and many other states) wrote its criminal transmission law, the law itself remains untouched. 

Previous Iowa Independent articles on this issue can be found through the following links:

  1. HIV-positive man’s prison sentence shines light on Iowa law
  2. Iowa courts stand firm on HIV transmission law
  3. Considering changes to Iowa’s HIV transmission law may make sense, but hesitation persists


All my best,
Laura

--
Laura McTighe
Director of Project UNSHACKLE
Community HIV/AIDS Mobilization Project (CHAMP)
80-A Fourth Avenue
Brooklyn, New York 11217
lmctighe@champnetwork.org
Office: (212) 937–7955, Ext. 20
Cell: (215) 380-5556
Fax: (401) 633-7793

www.champnetwork.org/unshackle




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Man with HIV calls Iowa’s transmission law ‘a sledgehammer looking for a thumbtack’
http://iowaindependent.com/17716/man-with-hiv-calls-iowas-transmission-law-a-sledgehammer-looking-for-a-thumbtack

By Lynda Waddington 9/15/09 11:22 AM

IOWA CITY — Sitting across a kitchen table from Donald Baxter, it’s easy to see that he is one of those people who would be described as being comfortable in his own skin. He laughs easily, both at life and at himself. While he describes himself as opinionated, he’s quick to credit his time as a “southern liberal” for the development of the trait. He’s one of those people who wants to make a difference, especially when he encounters injustice.

An interesting person with a history that spans from civil rights activities in Alabama and Georgia to clashes with local law enforcement in Iowa City, Baxter’s life story alone would likely be enough to prompt this article. But that’s not the reason for this interview. The unfortunate reality is that Baxter is one of about 3,000 people in living Iowa who are identified by the state as dangerous weapons worthy of regulation.

Sixteen years ago this month, Baxter learned that he was HIV positive.

Looking Back
“I like to tell people that I got HIV from doing what I thought I was supposed to be doing,” he said. “That is, I was living in a supposedly monogamous relationship. At the time, I don’t even quite know what I was thinking about the possibility of the person I was seeing being HIV positive. I think, looking back on it, I probably knew.

“I was doing HIV testing counseling. I was telling people how to have safe sex — mostly young men who were going out to bars and picking up men that maybe they didn’t know very well. That wasn’t what I was doing. Still, I ultimately was not following my own advice.”

Baxter, who was then a resident of Atlanta, had been living with another man for roughly three years, and, for a variety of reasons, the couple was aware that the relationship was coming to a close. Baxter made plans to get tested in September, a yearly activity he did in conjunction with his birthday. Although he asked his boyfriend to come with him and be tested, the man refused. The couple broke up shortly after that, and before Baxter learned that he was HIV positive.

“He may have known and he may just have not wanted to tell me,” Baxter said. “Ultimately … it was my responsibility. I mean, this person did not give me HIV. I got it from him. I got it by the decisions that I made not to be safe or to be as safe as I could have been.”

That attitude of personal responsibility toward his own disease has sparked Baxter’s interest about Iowa’s criminal law regarding HIV, which is among the second-most-serious felonies that can be committed in the state. Although the law is titled “Criminal transmission of human immunodeficiency virus,” the reality is that actual transmission of the disease is not required for there to be a criminal act. A person who is aware of his/her HIV positive status, according to the law, can be charged with criminal transmission for engaging in intimate contact with another person, providing bodily fluids or organs or sharing non-sterile drug paraphernalia. The only defense for a person with a positive status who is charged with the offense is to prove that status was disclosed prior to the offending action.

In the 11 years since Iowa began prosecuting behavior that could result in transmission of HIV, a total of 36 individuals have faced charges. Of those, 24 have been convicted and have received sentences ranging from a few months on probation to several decades in prison. Baxter, who bit another man during a bicycle-vehicle traffic dispute in Iowa City, was considered for prosecution under the law.

Iowa Impact
“This guy was poking me in the face. One of his jabs went into my mouth and I bit down hard,” Baxter said. “I didn’t even think about it. I wasn’t thinking that I was HIV positive and that I shouldn’t be doing it. I was just thinking that this guy just shoved his f***ing finger in my mouth.”

Baxter had been riding his bicycle on a street near the University of Iowa. The man was driving a van, and, according to Baxter, came up too close behind him, honked and moved into the other lane to pass before pulling abruptly back in front of him, effectively cutting him off. When the man then made a turn and came to a stop outside the school of pharmacy building on campus, Baxter followed and confronted him.

“I hit the side of his window — still straddling my bike — and he gets out of the van. He reaches back between the front seats and gets a four-foot-long windshield scraper and starts beating the hell out of my face,” Baxter said. “His wife comes out of the building and she tried to get him to stop, but he pushed her and she fell down.”

Baxter, who admitted to confronting the driver, was charged several weeks later with assault causing injury, a serious misdemeanor. Nearly a year later, and following a jury trial, Baxter was found guilty and ordered to pay fines, complete community service and take an anger management class.

“When I was sentenced, which I think was about two weeks after the trial, I was pretty shocked. I had actually deluded myself into thinking that I could win it,” Baxter explained. “When we lost our motion to suppress [my] HIV [status] at trial, my lawyer told me we lost the case. He said that he had been at a wedding in Davenport over the weekend and just sort of threw this out as a hypothetical. As soon as the HIV status came up there was absolutely no sympathy for me whatsoever. The people at the wedding thought that I put this person in jeopardy.”

Whether or not Baxter did place the man in jeopardy is a subject of contention. Most virus experts agree that the possibility of transmitting HIV through saliva or other bodily fluids that are not blood is minuscule, but no one is ready to definitively say the disease cannot be transferred by those means. Also the Iowa law is written with a broad brush, encompassing any and all bodily fluids, and making no exceptions for condom use or viral loads, information the medical community has acknowledged as playing a large role in possible transmission.

On a personal level, Baxter took at least two lessons away from the incident. First, Iowa law makes it difficult for a person who initiates a confrontation to later claim that he/she was acting in self-defense. And, second, “if you have HIV, you lose your right to self-defense.”

“I think that I would have stood a pretty good chance of winning the case if it was not for HIV,” he said, adding that his status creates an odd circumstance of living. “Really, HIV, despite the fact that it in some ways sort of runs my life, I’ve never been ill from it.”

Sledgehammers and Thumbtacks
Baxter, who is in his 50s and remains an avid bicyclist, is in physically better shape than many men half his age. He manages his disease by taking medications — four pills a day, usually before he goes to bed. The worst health he has known as a result of the disease is attributed to the initial side effects of the medications before his body adjusted to them.

“My ideal HIV law would probably not require transmission, but it would require intent,” he said. “I think that intent certainly has to be a factor. It should be difficult [to convict] … I mean, beyond a reasonable doubt, right?”

Baxter also advocates moving Iowa laws closer to those in neighboring Illinois. That state did not write a criminal code specific to HIV, but used existing public health laws to deal with any crimes associated with sexually transmitted diseases.

“I think the law we have here is a sledgehammer that is mostly looking for a thumbtack. I think the latest thumbtack was Nick Rhoades,” Baxter said in reference to a Black Hawk County case earlier this year where a 34-year-old man was sentenced to 25 years in prison following a one-time consensual encounter that did not result in transmission.

“I get no impression from him other than the fact that he is probably a 34-year-old man who is not a paragon of responsibility. He obviously has had some substance abuse issue, which is actually pretty common in the gay community. He is not a criminal, and his sentence angers me on a couple of fronts. He’s probably never transmitted HIV to anybody, let alone the person who made this complaint against him. As a taxpayer in the state of Iowa I also realize that we are probably spending between $65,000 and $70,000 per year to keep him behind bars. That pisses me off. That would piss me off if I weren’t HIV positive.”

Although knowledge about HIV has increased in the decade since Iowa wrote its criminal transmission law, the law itself remains untouched. Baxter acknowledges that another decade will bring more knowledge and perhaps changes.

“Yes, we are learning more and, as older judges and prosecutors are replaced by younger ones, there will likely be changes,” he said. “So, yes, I think that time will take care of this — but how much time?"



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