What You Can Do for Health Care Fairness
Take Lambda LEgals’c health care fairness survey today. LGBT people and those with HIV encounter prejudice and discrimination from health care providers and institutions, including being denied necessary treatments, services or insurance coverage, or being forced to receive care from health care providers who are poorly trained or even hostile. We need your help to make sure that all of our concerns are heard. As part of Lambda Legal’s health care fairness campaign, we are conducting a national survey (available in both English and Spanish) to document the unique health care experiences and needs of LGBT people and people living with HIV. Information from this survey will be used to educate elected officials and other decisionmakers about the specific problems health care reform must address. Make your voice count for health care fairness.
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/06/what-you-can-…
Unanimous California Supreme Court Rejects Attempt to Limit Discrimination Claims by People with Disabilities
‘The Court’s decision furthers the Unruh Act’s purpose to eradicate arbitrary and invidious discrimination from California’s business establishments.’
(San Francisco, June 11, 2009) — Today the California Supreme Court unanimously ruled that California’s Unruh Civil Rights Act does not impose extra legal hurdles for people with disabilities, including people living with HIV who seek damages for discrimination.
Statement from Tara Borelli, Staff Attorney at Lambda Legal and a principal author of the friend-of-the court brief Lambda Legal submitted urging today’s legal result in Munson v. Del Taco:
“The Court rightly rejected efforts to misread the Unruh Civil Rights Act to impose extra legal hurdles which would have harmed all disabled Californians who face discrimination in public accommodations, including those living with HIV.
“Real, reliable change for people with disabilities has been painfully slow in coming but the high court’s decision today promises greater fairness in California. The Court’s decision furthers the Unruh Act’s purpose to eradicate arbitrary and invidious discrimination from California’s business establishments.
“Though this case does not directly involve people living with HIV, the application of this decision will be helpful to all people living with disabilities who encounter discrimination, which includes many Californians living with HIV.”
Background on Munson v. Del Taco:
Kenneth Munson, a wheelchair user, filed suit against Del Taco, Inc. alleging violations of the federal Americans with Disabilities Act and California’s Unruh Act. Munson’s suit is based on claims arising from visits he made to one Del Taco restaurant, where he encountered architectural barriers to his use of the parking lot and restroom.
Background on Unruh Civil Rights Act:
California’s Unruh Civil Rights Act requires that public accommodations — businesses such as restaurants, rental housing, and doctors’ offices — are open to everyone, without arbitrary discrimination based on disability (including HIV), sex (including gender identity), sexual orientation, marital status, race or several other personal characteristics. Similarly, the federal Americans with Disabilities Act (ADA) forbids denying disabled people equal access to public places. In 1992, California revised the Unruh Act to better protect disabled Californians from discrimination by saying that a plaintiff who proves an ADA violation has also proven a state law violation.
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Original source : http://gay_blog.blogspot.com/2009/06/unanimous-cal…
TSA refuses to hire HIV+ Air Force Vetr to scan luggage, ACLU to sues - wonder if Obama will at lteat fix this?
“I was looking for a way to be able to serve my country once again and to supplement my income through this financial crisis with the possibility of changing my career. But after a lengthy interview and screening process, I was told that I am incapable and unworthy because I have HIV,” said Michael Lamarre, who worked in intelligence for the National Security Administration while serving in the Air Force from 1984 to 1987. “I am a long term HIV survivor, and it has never interfered in my ability to work. As I have learned having lived with HIV for nearly 20 years, people with HIV need to be able to make a living and support themselves just like everyone else as well as have the right to serve their country.”
Lamarre has lived with HIV for 19 years. His viral load is nearly undetectable and he has never had any of the medical conditions associated with AIDS. Just last November he completed a 165 mile bike ride for charity in just 2 days.
Today the ACLU filed a complaint on Lamarre’s behalf with the Equal Employment Opportunity Counselor for the Eastern Region of the TSA charging that the TSA is in violation of its own policy barring discrimination against people with disabilities. A copy of TSA’s non-discrimination policy is available on their website at: http://www.tsa.gov/assets/pdf/civil_rights_policy.pdf. The complaint also charges that the refusal to hire Lamarre violated his equal protection guarantees. It asks the TSA to rescind Lamarre’s disqualification from employment.
“As we have known for quite a while now, people living with HIV can lead long and productive lives and can make significant contributions in all professions, including baggage screeners,” said Dr. Margaret Fischl, MD, director and principal investigator of the AIDS clinical research unit at the University of Miami. “A baggage screener with HIV would pose no risk to others and would be no more likely to become infected with a cold or virus than anyone else working in the airport.”
A copy of the complaint filed by the ACLU as well as the letter notifying Lamarre that he was being disqualified because he has HIV and the paperwork submitted by his doctor stating he is physically capable of performing the duties is available at http://www.aclu.org/hiv/discrim/39827res20090611.html.
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Original source : http://gay_blog.blogspot.com/2009/06/tsa-refuses-t…
AIDS/LifeCycle 8 to Raise $10+ Million to Fight AIDS 2,200 cyclists to start San Francisco-to-Los Angeles ride May 31
SAN FRANCISCO and LOS ANGELES, CA — More than 2,200 bicyclists from 41 states and 14 nations will stream out of San Francisco on May 31 en route to Los Angeles as participants in the colorful and emotional AIDS/LifeCycle, the world’s largest annual AIDS fundraiser.
The 545-mile trek is expected to raise more than $10 million to support vital HIV/AIDS-related services at the L.A. Gay & Lesbian Center and the San Francisco AIDS Foundation. The event also raises awareness about the disease, particularly significant this year following a recent survey revealing a dramatic drop in the sense of urgency about HIV/AIDS and persistent misconceptions about HIV transmission and treatment among Americans.
Participants on the weeklong ride include cyclists and a volunteer support crew of hundreds of “roadies” who range in age from 18 to 78. Whether gay or straight, HIV-positive or HIV-negative, expert cyclists or novices, they share a commitment to reducing new infections and the suffering caused by AIDS.
“People come to AIDS/LifeCycle to fight a disease,” said Mark Cloutier, CEO of the San Francisco AIDS Foundation and one of the cyclists. “But the event is also a celebration of health. Participants have the physical strength to complete a challenging course, and the emotional connectedness to help others succeed on an exhausting, yet exhilarating journey.”
Riders train for months to prepare for the rigorous ride, and raise a minimum of $3,000 each to support the work of the two sponsoring organizations. The event has raised approximately $50 million to fight AIDS since it began in 2002.
“The economic recession has deeply impacted HIV/AIDS service providers on all fronts. Charitable giving and government funding of HIV/AIDS support services are dropping while the number of people who need free or low-cost services is going up,” said Lorri L. Jean, CEO of the L.A. Gay & Lesbian Center. “Our participants and their supporters recognize the urgent need for HIV prevention. I’m proud of the AIDS/LifeCycle community, and I’m deeply grateful.”
During the seven days of AIDS/LifeCycle, an estimated 1,080 Americans will become infected with HIV. There are 1.1 million Americans living with HIV — the highest number in the history of the epidemic — 1 in 6 of whom are Californians. Gay and bisexual men bear the brunt of the disease, representing 73 percent of all HIV/AIDS cases in California and 53 percent nationally. Communities of color are also disproportionately affected; although African Americans comprise 6 percent of the state’s population, they account for nearly 19 percent of those living with HIV/AIDS.See * Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/05/aidslifecycle…
Duane Reade Announces Premier-Level Sponsorship of AIDS Walk New York
~Announces Partnership to Provide New Yorkers with Free HIV/AIDS Testing~
NEW YORK, NY — Duane Reade Holdings, Inc. today announced that The Duane Reade Charitable Foundation has doubled its support from last year and will donate $100,000 as a Premier-level sponsor of AIDS Walk New York (AWNY). AWNY raises funds for Gay Men’s Health Crisis (GMHC) and fifty other AIDS service organizations in the New York tri-state area. AWNY is the world’s largest HIV/AIDS fundraising event and has raised more than $100 million since 1996. This year’s 10-kilometer AWNY is expected to attract more than 45,000 participants and will be held in New York City’s Central Park on Sunday, May 17th, 2009. In partnership with GMHC, Duane Reade will also provide free, confidential, on-the-spot, HIV testing starting in June 2009 in several neighborhoods/locations throughout the New York metropolitan area.
Jim Scarfone, Senior Vice President Human Resources & Administration for Duane Reade and a Trustee of The Duane Reade Charitable Foundation, commented, “As the only uniquely New York drug store chain, Duane Reade understands the needs of our city’s residents and strives to give back to the community in meaningful ways. As such, we are very pleased to support GMHC and the 2009 AIDS Walk New York for the third straight year and join in their efforts to promote awareness and prevention of the spread of HIV in New York City. Moreover, we are pleased to be able to double our support for the 2009 walk, and to partner with GMHC to provide free, confidential and on-the-spot HIV testing through their mobile testing unit for the second year.”
According to the New York City Department of Health and Mental Hygiene, New York City has more residents living with HIV or AIDS than any other city in the United States. More than 100,000 New Yorkers currently live with HIV, a virus that has become the third leading cause of death for New Yorkers under the age of 65. More than 1,000 New Yorkers each year find out they are HIV-positive when they already have AIDS due to a lack of testing, prevention, and education about the disease.
“We are immensely grateful for Duane Reade’s outstanding support of AIDS Walk New York and our partnership in expanding HIV testing throughout the boroughs,” said Marjorie J. Hill, PhD, Chief Executive Officer of Gay Men’s Health Crisis. “Having a trusted family friend like Duane Reade as a partner helps us to continue breaking through the barriers associated with HIV testing such as stigma, fear and lack of access to care. With their ongoing help, we will continue to find the one of four HIV-positive New Yorkers who are unaware of their HIV status, and provide them with the information and care they need.”
To learn more about AIDS Walk New York and its benefactors, please visit www.aidswalk.net/newyork.
To learn more about GMHC, please visit http://www.gmhc.org/.
The Duane Reade Charitable Foundation was formed in March 2007 and is committed to supporting charitable organizations that promote health and wellness in New York’s communities. A portion of the charity’s budget is also reserved to support programs that address local community needs.
About Duane Reade
Uniquely New York since 1960, Duane Reade is the largest drug store chain in the metropolitan New York City area. Focused on making the lives of New Yorkers easier, Duane Reade offers a wide variety of prescription and over-the-counter drugs, health and beauty care items, cosmetics and other daily essentials — How I Feel, How I Look, and What I Need Now — in over 250 convenient locations.
Web Site: http://www.aidswalk.net/ newyork See * Tags = gay men gay news lesbian news transgender bisexual
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“TEST ME / for hiv” challenges assumptions about HIV risk in the Asian and Pacific Islander Communities
On May 19 2009, A&PI HIV/AIDS Awareness Day, APICHA will be joined by elected officials and community leaders on the steps of City Hall to launch the campaign and urge the public to take control. May is also Asian Heritage month.
Currently, A&PIs are the only racial/ethnic group in New York that have not experienced a decline in the number of new HIV diagnoses, but only six percent (6%) of A&PI New Yorkers report that their doctor recommended an HIV test. This presents a major public health concern that could have a far-reaching impact.
APICHA has identified limited access to HIV testing as a critical unmet need that requires the attention of doctors and the community. Often, doctors have preconceived assumptions about the sexual risk factors and lifestyle choices of A&PIs based on the stereotype of Asians as “the model minority.” APICHA seeks to change attitudes among doctors by encouraging A&PIs to begin the conversation in an effort to address this major public health problem.
The heart of the campaign will be a coordinated effort to have volunteers visit their doctor’s office wearing a tee shirt that reads “TEST ME / for hiv”. The action is meant to initiate conversation and create an opportunity to educate doctors about the discrepancy.
APICHA hopes that the earned media in both mainstream and ethnic press and work with religious and community leaders will expand the discussion about HIV in various A&PI communities. The campaign will also disseminate information about the issue, and educate A&PI community members about obtaining an HIV test.
APICHA’s mission is to combat HIV/AIDS stigma and related discrimination, to prevent the spread of the HIV/AIDS pandemic in Asian & Pacific Islander communities, and to provide care and treatment for Asian & Pacific Islanders living with HIV/AIDS and their families. The organization was founded twenty years ago and remains the only Pan-Asian HIV/AIDS organization devoted to working with A&PI communities in New York City.
“I applaud APICHA for empowering Asian and Pacific Islanders to take control of their health,” said Dr. Monica Sweeney Assistant Commissioner of the New York City Health Department’s Bureau of HIV/AIDS Prevention and Control. “As long as there are people out there who are unaware of their HIV status, there is a great risk of transmission. If you do not know your status, you cannot access the care you need and you can unknowingly spread the virus to others. Everybody needs to know their status.”
APICHA’s Chief Medical officer and Executive Director will brief the media about the issue and the campaign at the May 19 press conference and can be made available for interview prior to the announced. Mayor Michael Bloomberg, Governor David Patterson and other elected offices have been invited to attend the press conference.
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Original source : http://gay_blog.blogspot.com/2009/05/test-me-for-h…
Report: DC has nation’s highest HIV/AIDS rate
(Washington) A new report by D.C. health officials says that at least 3 percent of residents in the nation’s capital are living with HIV or AIDS and every mode of transmission is on the rise.
The findings in the 2008 epidemiology report by the D.C. HIV/AIDS Administration point to a severe …
Tags: aids, Epidemiology, Health Officials, hiv, Hiv Aids, Living With HivLambda Legal and ARCW File Federal Lawsuit on Behalf of HIV Positive Woman Denied Surgery by Healthcare Provider
(Milwaukee, WI, February 12, 2009) — Lambda Legal and the AIDS Resource Center of Wisconsin (ARCW) filed a federal lawsuit today in the US District Court for the Eastern District of Wisconsin on behalf of Melody Rose, a 35-year-old Wisconsin woman who was denied surgery to remove her gallbladder because she has HIV.
“Discrimination in healthcare remains a major problem for people living with HIV,” said Peter Kimball, Director of the Legal Services Program at the AIDS Resource Center of Wisconsin (ARCW). “In violation of both federal and Wisconsin law, Dr. Steven Cahee refused to provide needed medical treatment to our client, Melody Rose.”
Lambda Legal and ARCW represent Melody Rose who experienced health problems with her gallbladder while incarcerated at Taycheedah Correctional Institution in Fond du Lac. Ultimately, her physician referred her to Dr. Steven Cahee at the Fond du Lac Regional Hospital to have her gall bladder removed.
However, Dr. Cahee refused to perform the surgery after learning Ms. Rose is HIV-positive. Some time thereafter, a surgeon at a different medical facility removed Ms. Rose’s gallbladder in a laprascopic procedure, which is considered routine surgery.
“Dr. Cahee’s actions fly in the face of ethical behavior for a medical professional,” said Scott Schoettes, Staff Attorney with Lambda Legal’s HIV Project. “Long ago, the Centers for Disease Control and Prevention established that using universal precautions — which are required in all sorts of medical situations, including surgeries — makes it extremely unlikely for the virus to be transmitted in this setting.”
The complaint filed today alleges that the defendants –- Steven M. Cahee, M.D., Agnesian HealthCare, Inc., and Fond du Lac Regional Clinic, S.C., violated four different state and federal laws. The complaint alleges that the defendants violated the Americans with Disabilities Act (ADA) and its state law counterpart, which both prohibit disability discrimination by places of public accommodation (including healthcare providers); the Rehabilitation Act, which requires recipients of federal financial assistance not to discriminate against people with disabilities; and a Wisconsin law addressing HIV discrimination specifically, which forbids healthcare providers from denying services to people (or humiliating and degrading them) based solely on their HIV status.
The case is Rose v. Cahee, et al.
Scott Schoettes, HIV Project Staff Attorney, is handling the case for Lambda Legal. He is joined by co-counsel Peter Kimball, of AIDS Resource Center of Wisconsin.
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Original source : http://gay_blog.blogspot.com/2009/02/lambda-legal-…
Lambda Legal and ARCW File Federal Lawsuit on Behalf of HIV Positive Woman Denied Surgery by Healthcare Provider
(Milwaukee, WI, February 12, 2009) — Lambda Legal and the AIDS Resource Center of Wisconsin (ARCW) filed a federal lawsuit today in the US District Court for the Eastern District of Wisconsin on behalf of Melody Rose, a 35-year-old Wisconsin woman who was denied surgery to remove her gallbladder because she has HIV.
“Discrimination in healthcare remains a major problem for people living with HIV,” said Peter Kimball, Director of the Legal Services Program at the AIDS Resource Center of Wisconsin (ARCW). “In violation of both federal and Wisconsin law, Dr. Steven Cahee refused to provide needed medical treatment to our client, Melody Rose.”
Lambda Legal and ARCW represent Melody Rose who experienced health problems with her gallbladder while incarcerated at Taycheedah Correctional Institution in Fond du Lac. Ultimately, her physician referred her to Dr. Steven Cahee at the Fond du Lac Regional Hospital to have her gall bladder removed.
However, Dr. Cahee refused to perform the surgery after learning Ms. Rose is HIV-positive. Some time thereafter, a surgeon at a different medical facility removed Ms. Rose’s gallbladder in a laprascopic procedure, which is considered routine surgery.
“Dr. Cahee’s actions fly in the face of ethical behavior for a medical professional,” said Scott Schoettes, Staff Attorney with Lambda Legal’s HIV Project. “Long ago, the Centers for Disease Control and Prevention established that using universal precautions — which are required in all sorts of medical situations, including surgeries — makes it extremely unlikely for the virus to be transmitted in this setting.”
The complaint filed today alleges that the defendants –- Steven M. Cahee, M.D., Agnesian HealthCare, Inc., and Fond du Lac Regional Clinic, S.C., violated four different state and federal laws. The complaint alleges that the defendants violated the Americans with Disabilities Act (ADA) and its state law counterpart, which both prohibit disability discrimination by places of public accommodation (including healthcare providers); the Rehabilitation Act, which requires recipients of federal financial assistance not to discriminate against people with disabilities; and a Wisconsin law addressing HIV discrimination specifically, which forbids healthcare providers from denying services to people (or humiliating and degrading them) based solely on their HIV status.
The case is Rose v. Cahee, et al.
Scott Schoettes, HIV Project Staff Attorney, is handling the case for Lambda Legal. He is joined by co-counsel Peter Kimball, of AIDS Resource Center of Wisconsin.
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Original source : http://gay_blog.blogspot.com/2009/02/lambda-legal-…
High Court judge is living with HIV
High Court judge is living with HIV
Tags: Court Judge, hiv, Living With Hiv
