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Houston Voice, No. 1002, January 7, 2000
File 003
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Houston Voice, No. 1002, January 7, 2000 - File 003. 2000-07-01. University of Houston Libraries. University of Houston Digital Library. Web. December 15, 2017. http://digital.lib.uh.edu/collection/montrose/item/5155/show/5128.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

(2000-07-01). Houston Voice, No. 1002, January 7, 2000 - File 003. Montrose Voice. University of Houston Libraries. Retrieved from http://digital.lib.uh.edu/collection/montrose/item/5155/show/5128

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Houston Voice, No. 1002, January 7, 2000 - File 003, 2000-07-01, Montrose Voice, University of Houston Libraries, accessed December 15, 2017, http://digital.lib.uh.edu/collection/montrose/item/5155/show/5128.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

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Title Houston Voice, No. 1002, January 7, 2000
Contributor
  • Hennie, Matthew A.
Publisher Window Media
Date July 1, 2000
Language English
Subject
  • LGBTQ community
  • LGBTQ people
  • Gay liberation movement
Place
  • Houston, Texas
Genre
  • newspapers
Type
  • Text
Identifier OCLC: 31485329
Rights In Copyright: This item is protected by copyright. Copyright to this resource is held by the creator or current rights holder, and the resource is provided here for educational purposes. It may not be reproduced or distributed in any format without permission of the copyright owner. Users assume full responsibility for any infringement of copyright or related rights.
Note This item was digitized from materials loaned by the Gulf Coast Archive and Museum (GCAM).
Item Description
Title File 003
Transcript NEWS JANUARY 7, 2000 • HOUSTON VOICE INSIDE NEWS Clinton opposes inmate suit claiming AIDS bias Around the South 5 Bush aide quits over gay group flop 5 Baseball commish orders test for docker 5 Trial set for Saturday in soldier killing 5 Orlando goy tenter readying 5 Police Beat 6 Accused killer relents to police 6 Court orders new trial for killer 6 DP documents may have been stolen 6 Phelps' son receives suspended sentence 6 Bias commission calls for gay protections 6 Around the Notion 7 Both Democrats endorse litmus test on gays. .7 McCain meets gay soldier but stands firm .. .7 Gay couples file cloim seeking benefits 7 Gay students seek ruling against schools 7 West Hollywood rejects condom plon 7 Quote unquote 10 Child died during bondage, rape 13 Obituaries 13 VOICES & ECHOES Editorial: The evolution of the gay stalker .. 8 Shelton: Equality in the new millennium 9 Letters 9 OUT ON THE BAYOU All About Almodovar 15 'An absolute original' 15 Out in Print:'Depot Street' 16 Bestsellers 16 Eating Out: This is no Big Mac 19 Flexology: Y2K groove 20 Occasions 22 Community Colendar 23 MySlars! 25 DIRECTORY 24 CLASSIFIEDS 26 CARMART 27 Issue 1002 liliHWHil voice WASHINGTON—The Clinton administration has asked the U.S. Supreme Court not to hear the appeal of an AIDS discrimination case involving HIV-positive inmates in the Alabama prison system, the New York Times reported Jan. 3. The ruling in the case, Davis v. Hopper, by the 11th Circuit Court of Appeals approves a prison policy that denies prisoners with HIV access to more than 70 educational, recreational and religious services and programs. The lower court decision found the "significant risk" that the HIV-positive prisoners present to the general prison population overrode the provisions of the federal Americans with Disabilities Act of 1990, which requires a "reasonable accommoda- < tion" for HIV-positive prisoners. The decision, if left intact, would affect £ hundreds of prisoners in the Alabama < prison system, denying them access to a work-release programs that can shorten i§ their prison sentence. The justices will > decide this month whether to hear the appeal on the case, which has been in the court system for almost 15 years. A coalition made up of public health organizations and AIDS specialists is supporting the appeal by the Alabama prisoners, arguing that prison officials relied on "subjective fear and stigma" rather than an objective assessment of the scientific risk involved in the level of exposure the prisoners would have with each other. They pointed out that the Supreme Court insisted in its first look at AIDS discrimination, in the 1998 case of Brogdon v. Abbott, that fear and stigma did not override a person's rights under federal disability law. In that case, a suit by an HIV-positive woman against a dentist who refused to treat her in his office, the court said the assessment of "significant risk" should be made in light of the views of public health authorities, based on "objective, scientific information." A brief supporting the inmates filed by the Lambda Legal Defense & Education Fund argued that the appeals courts ignored the 1998 ruling by relying on a theoretical risk of transmission without regard to the particular circumstances. That approach, the brief said, "threatens to justi- Sidney Abbott, who is HIV-positive, won her 1998 Supreme Court case over her dentist's refusal to treat her, but AIDS advocates say that ruling is in jeopardy if the court takes the Clinton administration's advice and turns down an appeal filed by Alabama inmates with HIV. fy virtually any discrimination against persons with HIV in employment, health care, education, and every other aspect of community life." Currently, Alabama, Mississippi and South Carolina segregate HIV-positive inmates. The federal prison system, on the other hand, evaluates inmates individually and decides, on the basis of their history and psychological profile, whether to exclude them from particular activities, as do most other states. The Clinton Justice Department filed its brief in response to a request from the Supreme Court. The appeals court's ruling "may well be overbroad," Seth P. Waxman, Clinton's solicitor general, told the justices, because "the court should have carefully examined the circumstances and effect" of participation of inmates in the programs. Such an examination, Waxman's filing acknowledges, might have shown that there was no danger in permitting HIV- positive inmates participate in activities like religious services, data processing classes, and testing for high school equivalency diplomas. Nonetheless, the administration argued, there was no need for the court to take the case because the appeals court's opinion, even if questionable in the particulars, was generally correct in deferring to Alabama prison officials the assessment of the risk presented by "the violence that is an inescapable part of prison life." In defending its policy, Alabama points to a much lower rate of HIV transmission in its prison population than in states that do not segregate infected inmates, the Times reported. The state told the court that over eight years, out of 30,000 inmates who did not have HIV when they entered prison, only two became infected while in prison. The Supreme Court's decision on whether to take this case may depend on whether the justices see implications beyond the prison context and on the extent of their concern about whether their prior ruling in the 1998 dental patient case has provided sufficient guidance to the lower courts. All material in Houston Voice is protected by lederal copyright law and may not be reproduced without the written consent of Houston voice. The sexual orientation of advertisers, photographers, writers and cartoonists published herein is neither inferred or implied. The appearance of names or pictorial representation does not necessarily indicate the sexual orientation of that person or persons. Houston Voice accepts unsolicited editorial material but cannot take responsibility for its return. The editor reserves the right to accept. reject or edit any submission. All rights revert to authors upon publication. Guidelines for freelance contributors are available upon request. Houston Voice 500 Lovett Blvd., Suite 200 Houston, TX 77006 713-529-8490 In other AIDS-related news: • The Fulton County, Ga. Commission agreed Wednesday to improve the medical care given to county jail inmates who have the virus that causes AIDS. A federal judge in April ordered the Fulton County Jail to provide adequate health care to the inmates after eight HIV-positive prisoners filed a lawsuit claiming they received substandard care. Sheriff Jacquelyn Barrett said it will cost the county an additional $250,000 a year to implement the settlement agreement. U.S. District Court Judge Marvin Shoob must approve the agreement, which calls for the county to hire an on-site doctor and nurse to provide care to inmates with AIDS; continue providing needed medicine to inmates who were receiving treatment before they were jailed; develop a discharge plan to ensure inmates get continued care following their release. • The American Civil Liberties Union must respond to allegations its attorneys may have rewarded inmates who sided with them in an escalating dispute over who should represent HIV-infected inmates at the state penitentiary in Aberdeen, Miss. U.S. Magistrate Jerry A. Davis issued the order Wednesday after prison rights lawyer Ron Welch, who has represented the inmates at the Parchman prison, claimed in documents that ACLU/Mississippi officials had deposited funds in an inmate's account shortly after the prisoner signed a petition to have Welch removed as his lawyer. Welch had denied claims that he provided inadequate counsel. He said he reached an agreement with prison officials to provide appropriate treatment for inmates. In July, Davis ruled in favor of Welch, who has represented the HIV-infected class of prisoners since 1990. The issue is pending before a federal appeals court in New Orleans. Davis agreed with the ACLU that the Department of Corrections was providing inadequate, outdated treatment for the HIV-infected inmates. He ordered improved medical treatment and frequent status reports to the court. —The Associated Press
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