Currents

A Newsletter for Friends of AIDSLaw of Louisiana April 1999 (Vol. 2, No, 2)

Pro Bono Publico
Volunteers
From the Front Office
So Long, Sodomy Statute
Statistics about HIV and AIDS
Supreme Court Looks at ADA and SSA
Anniversary Gifts
Sam Ashley

	Pro Bono Publico Like all non-profits, AIDSLaw depends on the help of people who are interested in its mission to the HIV and AIDS community. AIDSLaw started 10 years ago as a volunteer organization, and it is a simple fact that even today the job could not be done without those who have donated their time and skills over the years and continue to do so today. To recognize these efforts, in 1995 AIDSLaw instituted the Pro Bono Publico Awards as its highest honor for service to AIDSLaw and the affected community. The awards honor those individuals who have given their time and talents to advance and protect the legal needs of people living with HIV and AIDS. In addition, in 1997 AIDSLaw instituted the Teri Estrada Memorial Award as a community service award to persons working on the front lines in the battle against the disease. Teri was a staff attorney for AIDSLaw who died from AIDS in 1994. After she was diagnosed, she redoubled her efforts on behalf of her clients, often spending her weekends in the hospital so she could be back with them on Monday. Teri said having AIDS helped her understand her clients and what they were going through. Her work and devotion are an inspiration to everyone who works with the affected community. This year ALL will host an awards ceremony at the Hanson Gallery, 229 Royal Street in New Orleans. The honorees for the Pro Bono Publico Awards are Eric Hess, Bob mcKnight, Geoff Murphy and Deidre Peterson, and the recipient of the Teri Estrada Award is Dr. Milton Seiler. Entertainment for the awards ceremony will be provided by two very talented people who have shown their dedication to our cause: John Boutte and Dr. David Wood. There will also be a silent auction with a multitude of terrific items donated by ALL's many friends and supporters. Please plan to attend and help AIDSLaw say thank you to the five honorees.   Return to the Table of Contents
	Volunteers  This year, April 16 through 24, is National Volunteer Week. Every year millions of Americans donate billions of hours of their free time to worthy endeavors. In a world where greed and self-interest often appear the norm, the contributions of volunteers are both a counterweight to prevailing attitudes and an example of civic behavior. ALL always has publicized the contributions made by the approximately 100 attorneys across the State of Louisiana who gave their time to the battle. Their assistance has been crucial and will always remain so. But you don't have to0 be an attorney to help AIDSLaw, as many good friends have proved. Angela King and Scott Hanson of Hanson Gallery have been great supporters of ALL. On several occasions they have let AIDSLaw use the gallery for events, including the first AIDSLaw silent auction held in the summer of 1996, and last year they also donated a set of Edward Povey lithographs to ALL for the auction held at the site of another of our volunteers, the Arthur Roger Gallery on Julia Street. This year we are proud, and very thankful that the generosity of Angela and Scott allows us to announce that our Pro Bono Publico Awards Ceremony will be held at the Hanson Gallery on June 6th. It's been another harmonious relationship with Johnny Lopez and AULD Time Piano. For the past several years, Johnny has let AIDSLaw use one of his pianos for its functions. For true entertainment, AIDSLaw also has been luck to have Dr. David Wood tickling the ivories. Carroll Rodrigue, now assistant director of human resources at the Radisson Hotel, has been instrumental in helping AIDSLaw stage its last two Continuing Legal Education Programs. For the 1997 event, Carroll helped set up the room and staffed the door for eight hours. In 1998 he came to the rescue and found space at the Bourbon Orleans when the original site fell through at the last minute. Last year, when AIDSLaw was without an executive director for several months, Crystal Pope gave much of her time analyzing the organization's structure. Crystal's helpful advice helped ALL weather the transition period, and made the organization stronger and more focused. In fact, without volunteers, you'd never read this Currents. Eric Hess of Hess Marketing co-chaired ALL in 1996-1997, and now donated his firm's time to designing and laying out Currents, with able assistance from Carl Lamb. Jeff Reeder, ALL's co-chair for the same period, contributes articles on law issues. And Joel Ridenour, ALL's past treasurer, puts it on our website. Return to the Table of Contents
	FYI From the Front Office by Jimmy Fahrenholz  Happy Anniversary! AIDSLaw is ten years old and growing. Growing is something that we at AIDSLaw have started taking for granted in the last year or so. Expanded focus, renewed commitment, and rebirth of attitude have become the norm for us at AIDSLaw, but many of you may not be aware of the directions we are moving in and why. The HIV/AIDS epidemic has greatly expanded from the communities that were originally hit in the 80's. Over the years there has been an ever escalating swing in demographics that were either underappreciated or ignored. Unprotected heterosexual sex and the sharing of "dirty" needles by IV drug users have become the predominant means of transmission. Infection rates with the Louisiana prison population is frightening. Communities of color have awakened to an assault by the disease that we at AIDSLaw have been predicting for some time. The face of the plague has changed, and our efforts at AIDSLaw are tracking that change. Educational in-services have been provided for prisoner groups, churches, high schools, substance abuse treatment facilities and community-based organizations within the new communities now at highest risk. Iska Beck, Supervising Attorney, and Sam Ashley, Office Manager/Outreach Coordinator, have joined forces at the forefront of this effort and through their efforts have seen a dramatic increase in the number of clients being made aware of and seeking our services. Additionally, AIDSLaw has assumed a lead position in pushing for federal funds earmarked for the African-American and Hispanic HIV-affected communities. Living with HIV: A Legal Guide for Louisiana, our preeminent publication aimed at the non-legal HIV-positive community, is now available at our website on the internet, www.aidslaw.org. This guide is likely one of the most user-friendly legal publications that I have seen, using plain language to explain many of the legal problems and remedies. Joel Ridenour, our Webmaster, has done an excellent job posting this and all our other publications on our website for easy access by the public. Additionally, board member TOmas Mulleady has undertaken the daunting task of translating these documents, and they will soon be available for distribution within the Hispanic community. Tomas' goal is to provide many Spanish-speaking Louisiana citizens with their first understanding of the legal rights and responsibilities that are part of being HIV-positive. Other citizens of our state have also been a focus of AIDSLaw's efforts recently. LAGPAC and Legal, Inc., sponsored the Equality Begins at Home Conference in Baton Rouge in April, and I was proud to represent AIDSLaw at that gathering. Focused on a belief that many of our legislators have a problem coming to grips with the fact that all men and women are created equal and deserve to be treated as such, the conference was successful in pulling a number of diverse groups together under one tent. I congratulate Randal Beach and Gerard Beaudoin for the job they did in organizing the conference and pledge AIDSLaw's assistance for future efforts. Finally, I was called upon recently to testify before the state legislature in opposition to one of the most ill-conceived bills I have ever had the misfortune to read. This particular bill called for the mandatory HIV testing of all state prisoners seeking parole. The testing would be done prior to the prisoner addressing the parole board, would be required before parole would be granted, and the results of the testing would be available to the parole board members before their determination of the prisoner's eligibility for parole. The bill also required that the prisoners pay for the test out of their own pocket. Notwithstanding a number of obvious constitutional problems with this that first year law students could successfully attack, the bill would also establish a database of prisoners that entered the state corrections system HIV-negative and exited the "care and control of the state" with a presently terminal illness. Can you spell class action? Ten years old and developing an attitude. Typical adolescent. Return to the Table of Contents
	So Long, Sodomy Statute   In less than one month, two Louisiana courts have struck down the state's antiquated sodomy statute (a/k/a "the crime against nature"). Although AIDSLaw's mission does not include direct challenges to the statute, it has always been the agency's position that criminalizing consensual (and common) sexual practices hinders the honesty and frankness needed to combat HIV and AIDS. The first case was a criminal prosecution of a heterosexual man who was accused of raping an acquaintance. The judge believed that the sex had been consentual so it failed to convict for rape, but the court was compelled to convict the man because he confessed to having oral sex. In February, the state appeal court for the New Orleans area issued a unanimous ruling overturning the conviction on the basis that the statute was a violation of the right of privacy that is specifically protected by the Louisiana Constitution. The second case was the result of a civil challenge to the statute filed in 1994 by the Louisiana Electorate of Gays and Lesbians and several individuals who had been adversely affected by the law. The plaintiffs alleged that the law violated the right to privacy and also said it ran afoul of protections against discrimination on the basis of gender, religion, and cultural status. After a week-long trial in October of last year, Judge Carolyn-Gill Jefferson issued a permanent injunction on March 17 stopping the enforcement against "non-commercial, consentual, private sexual behavior by adults." The court reasoned that "the plaintiffs ... are under the clear wording of the statute unindicted felons" who faced irreparable injury to their lives and careers if the statute was allowed to stand. Although the State claimed that the statute was needed to foster procreation and traditional marriage, Jefferson concluded that there was "no evidence, much less the required compelling state interest" to justify the statute's existence. The ruling applies everywhere in Louisiana except Jefferson Parish where a separate suit is pending. The State is expected to appeal both decisions, and the issue will end up before the Louisiana Supreme Court. Plaintiffs in the civil suit have asked the judge to issue a new ruling to broaden the decision and address the other challenges filed. Return to the Table of Contents
	Statistics about HIV and AIDS  Number of people living with HIV/AIDS in Louisiana as of November 30, 1998: 10,448.  Number of AIDS-related deaths in Louisiana as of November 30, 1998: 6,256.  113 children in Louisiana have been diagnosed with HIV/AIDS. 62.3 of those living with HIV/AIDS in Louisiana are African-American.  Almost 100 people over 50 years of age have been diagnosed with HIV/AIDS in Louisiana.  Rural Louisiana parishes are showing a marked increase in HIV/AIDS cases. Heterosexual transmission of HIV/AIDS is substantially higher in Louisiana than in the rest of the US. *HIV/AIDSLine Vol. VIII No. 1, a publication of the Louisiana Office of Public Health  Return to the Table of Contents
	Supreme Court Looks at ADA and SSA In the last issue of Currents, we reported that the U.S. Supreme Court had agreed to decide whether people who are receiving Social Security disability benefits may also bring a discrimination claim under the Americans with Disabilities Act (ADA). In a case (Cleveland v. Policy Management Systems, 120 F3d 513) from the Fifth Circuit, where Louisiana is located, the appeals court held that they could not, judicially creating a hurdle to many disabled persons who might be able to enter the workplace if they had the protection of the ADA. The Supreme Court granted a review because the circuit courts have split on this issue. The case was argued before the Court in February and a decision is expected before the end of the year. A friend of the court brief urging the Supreme Court to reverse the Fifth Circuit was filed by over 50 groups, including the American Association of Retired Persons, the Epilepsy Foundation, the HIV Law Project and the National Council of Jewish Women. The brief argues that the Social Security Act (SSA) and the ADA have different purposes and that the Fifth Circuit's reasoning shifts the emphasis away from the employer's illegal discrimination to the claimants statements in an unrelated arena. If the decision stands, employable individuals with disabilities will be barred from using their ADA rights when they attempt to move out of the benefits system and get gainful employment. The Clinton Administration, along with the Social Security Administration and EEOC, also seek a reversal. The Administration argues that the Fifth Circuit's approach "ignores the practical difficulties of requiring an individual who has stopped working because of health problems to choose between seeking disability benefits and pursuing a remedy under the ADA." Return to the Table of Contents
	Anniversary Gifts This year AIDSLaw will be celebrating ten years of providing legal services, support, advocacy and education to the HIV/AIDS community across Louisiana, and during this special time AIDSLaw will launch its first Major Gifts Campaign. Beginning in April, AIDSLaw board members, staff and volunteer community leaders will be reaching out to our supporters and asking for their assistance in furthering our mission throughout the state. Return to the Table of Contents
	Thanks Everyone at AIDSLaw wants to extend thanks to the many friends and supporters who have given generously to make sure that ALL continues its work. As long as fear and bias are salient traits of the AIDS epidemic, members of the affected community will need ALL's (and your) help if they are to be treated with dignity and fairness in the legal arena. Your support makes important legal protections a right rather than a dream. JUSTICE Billy "Butch" Spradling NO/AIDS Task Force APPELLATE JUDGE Club New Orleans Linton Carney Ric Rolston TRIAL JUDGE David & Jane Martin Catherine Lemann Larry Becnel David Schwarz M. Charles Wallfisch JUNIOR PARTNER Larry Becnel (In memory of Darrell Chase) Michael Kauth Gerald Gussoni, Jr. The Center for Living (In memory of Josephine Fahrenholz) Ernesto Caldeira Paul Killgore Return to the Table of Contents
	Sam Ashley  Every so often, with a little luck, you come up with a gem. We at AIDSLaw consider Sam Ashley our gem. Sam came to us a little over a year ago to fill a vacant slot as Intake Specialist. With a degree from Southern University in new Orleans and a number or years of administrative experience in the United States navy, it didn't take Sam long to master the skills and duties of his new position. In fact, he progressed so rapidly that we basically had to create a new position for him to fill. Sam is now AIDSLaw's Office Manager/Outreach COordinator. For some time now we have needed someone to fill a multitude of slots necessary to running our organization and he was obviously that person. His duties include everything from basic office chores to grant writing, and from client intake to educational in-services on a variety of topics. Fielding requests for speaking engagements from educational institutions, AIDS service organizations, substance abuse treatment facilities, and medical provider groups keeps Sam as busy as anyone on the staff. Born in Montgomery, Alabama, but raised in new Orleans, Sam has demonstrated such a high level of knowledge about our city's culture, heritage and blemishes that he is spearheading our efforts to reachout to communities of color that are now at the forefront of the HIV/AIDS epidemic. The success he has shown at reaching his new tidal wave of clients for AIDSLaw has been very impressive, and his ability to wear so many hats only proves we were right on track when we nicknamed him "Slash." Return to the Table of Contents
	Currents is produced three times annually by AIDSLaw of Louisiana, Inc., for its clients, donors, and other constituents. We invite your comments. Please send them to:  AIDSLaw of Louisiana, Inc. Attention: Currents P.O.Box 30203 New Orleans, LA 70190 (504) 568-1242 or 800-375-5035 Fax: (504) 568-1242 email: info@aidslaw.org https://www.aidslaw.org  funded in part by the Louisiana Bar Foundation IOLTA Program