By Verna Gates
BIRMINGHAM, Ala., Dec 21 (Reuters) - A U.S. federal judge
ruled on Friday to end the segregation of prisoners with HIV in
Alabama, agreeing that it violates the Americans with
Disabilities Act (ADA).
"It is evident that, while the ... segregation policy has
been an unnecessary tool for preventing the transmission of HIV,
it has been an effective one for humiliating and isolating
prisoners living with the disease," U. S. District Judge Myron
Thompson wrote in his ruling.
South Carolina now remains the only state segregating HIV
inmates from the general population. Mississippi ceased a
similar practice in March 2010.
The ruling came in response to a lawsuit by the American
Civil Liberties Union (ACLU) over what the group contended was a
discriminatory practice that prevented most HIV-positive inmates
from participating in rehabilitation and retraining programs,
including mental health and substance abuse programs, important
for their success after prison.
"We won on all counts. It is a total victory and a glorious
day for everyone with HIV," said Margaret Winter, associate
director of the ACLU National Prison Project and lead counsel
for the plaintiffs.
Proponents of ending the policy sited an out-dated view of
HIV/AIDS, which has become increasingly controllable. In the
case of a virus transmitted by behavior, and not environment,
preventing its spread is easier through proper medical
treatment, rather than radical segregation of HIV positive
inmates, according to Nancy Mahon, who chairs the Presidential
Advisory Council on HIV/AIDS (PACHA).
"We now have ability to suppress the virus and reduce the
possibility of transmission to four percent. Alabama and South
Carolina have been in the dark ages about this public health
sorrow," said Mahon, who also directs the MAC AIDS Fund, which
is financing the ACLU challenges in both states.
"The last thing we want to do is send them back into the
community without treatment," she added.
Two of Alabama's 29 prisons have dormitories specifically
housing prisoners with HIV. A handful of prisoners had been
allowed to live and work in non-segregated settings in
work-release programs, Winter said.
Currently, the inmates with HIV live, eat and exercise apart
from the general population, according to court documents filed
by the ACLU. Male inmates in the HIV dormitories were given
white armbands that signal their medical status.
"First, we are isolated ... like we are contagious animals,"
Dana Harley, another prisoner who was a plaintiff in the case,
said in a letter included in the court file. "It is like
punishment three times over."
Approximately 270 inmates out of the 26,400 in the state
prison system have tested positive for the virus and none have
developed AIDS, according to Alabama Department of Corrections
spokesman Brian Corbett, who did not respond to inquiries about
the ruling.
The judge plans to rule separately on the medical criteria
for work release for HIV prisoners, according to his ruling.
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