25 Years / 25 Stories

21: A Voice for Many

Over the last 25 years, the legal landscape as it relates to AIDS has changed dramatically. During the early years of the AIDS epidemic, it was standard practice to discriminate against those living with HIV as well as those "perceived" to be living with HIV. And this discrimination took many ugly faces from unfair employment and insurance practices, to denial of housing, health care and many other forms of public accommodation.

The Minnesota AIDS Project's legal department, which has been in place since 1987, was formed to fight back against these unfair practices. Early on, the legal program, along with dedicated volunteer attorneys from the community, took on a number of cases that we knew would have broad impact in protecting the rights of those with AIDS and those at risk. Here are just a few legal landmarks the organization has been a part of over the last quarter of a century:

Hans Paul Verhoef was jailed for having AZT in his luggage for five days, but was freed with the help of intervention by the Minnesota AIDS Project.

1989:

United States immigration officials arrested Dutch public health official Hans Paul Verhoef at the Minneapolis/St. Paul airport while he was en route to a conference in San Francisco after AZT was found in his luggage without a declaration of his HIV status on his visa application. He was jailed for five days before being freed with the help of intervention by the Minnesota AIDS Project. This uncalled for treatment of those with HIV visiting the United States led to a boycott of any international AIDS conference being held in the U.S. — a practice that continues into 2008.

1992:

State by Beaulieu v. Clausen

A dentist who refused treatment to an HIV–positive patient was ordered by the court to end discrimination against patients with HIV/AIDS and required to pay $10,000 to the patient for mental anguish and suffering. The patient had been seen over many years by this dentist until he revealed his HIV status, at which time the dentist had refused to treat him and instead referred him to another provider.

1993:

Estate of Kadinger v. International Brotherhood

The estate of Mark Kadinger, a construction worker who died from AIDS, sued his union for violation of the 1992 Americans with Disabilities Act because the union provided insurance offering a $500,000 lifetime cap for all conditions except AIDS, which it limited to a $50,000 lifetime cap. The court ordered the lower cap removed, annual training sessions for trustees with the plan, a $100,000 payment to the estate and a $2,500 contribution to the organization in Kadinger's memory.

Cases settled outside of court from the 1990s:

Non–HIV–positive spouse/partner cannot be prohibited from getting their own life insurance because their spouse/partner is HIV–positive.
Health insurance provider prohibited from ordering an HIV test (requiring a one week turnaround for results) prior to emergency surgery based on the perceived risk of HIV due to the sexual orientation of patient.
Landlords cannot deny housing because a tenant refuses to disclose the basis of social security benefits.

The majority of the legal department's work has been with the "bread and butter" issues facing many HIV–positive people, issues such as dealing with debt, managing creditors and securing benefits.

More recently, in 2007, a volunteer attorney provided input on Doe vs. VA, in which a physician disclosed the plaintiff's HIV status to his co–workers without the plaintiff's consent. The case is currently pending before the U.S. Supreme Court.

Currently, Legal Services program director Lynn Mickelson said, that sort of concern – improper disclosure or the fear of improper disclosure — is one of the most common inquiries her department receives.

The majority of the legal department's work, however, deals with what Mickelson calls "bread and butter" issues facing many HIV–positive people, issues such as dealing with debt, managing creditors and securing benefits.

The Minnesota AIDS Project also works to obtain waivers for HIV–positive people trying to emigrate to the U.S. Until very recently, those with HIV were barred from gaining a visa to enter the U.S. without a special waiver. "Though that ban was lifted in July 2008, it will take a while for the system to catch up with the changed law," said Mickelson. "Until then, we will continue working on the HIV waivers."

Her favorite story of securing such a waiver was when a Kenyan man won the diversity lottery, a program that gives out immigration visas on a random basis to those who have applied. However, the man's wife and one of his children were HIV–positive, which would have forced them to stay behind. The U.S. embassy in Kenya gave the man a page printed from the organization's website. Once here, he was able to contact the Minnesota AIDS Project, which got him the waiver, allowing his family to join him.

"There is tremendous satisfaction and honor to work with people and really make a difference," Mickelson said. "Folks come with so much fear and most often shame and discomfort around their diagnosis. To be able to say, 'You are going to be OK,' and then make it happen is really rewarding."