Biden DOJ Cuts Deal With Progressive Shelby County DA To Cease Prosecutions For Aggravated Prostitution In Shelby County As HIV Rates Skyrocket
Biden DOJ and Shelby County DA Mulroy cut side deal to circumvent Tennessee state laws on aggravated prostitution amid skyrocketing HIV rates.
Why It Matters
The Biden DOJ’s agreement with Shelby County DA Steve Mulroy to cease prosecutions for aggravated prostitution, particularly when the offenders are knowingly infected with HIV, is a significant legal and public health issue. It raises concerns about the enforcement of state laws, public safety, and the increasing rates of HIV in Shelby County.
What We See
The Department of Justice (DOJ) reached an agreement with Shelby County DA to stop enforcing Tennessee’s law that prosecutes individuals for aggravated prostitution, especially when they have HIV. The DOJ argues that targeting sex workers with HIV violates the Americans with Disabilities Act (ADA), as HIV is considered a disability under the ADA.
Between The Lines
The DOJ’s move is seen as an attack on state law, bypassing the usual legal challenges and instead directly negotiating with a local district attorney. This has led to concerns about the uneven application of laws across Tennessee, particularly in Shelby County, where this agreement could set a precedent for other laws not being enforced.
Case In Point
Senator Brent Taylor has written to Tennessee Attorney General Jonathan Skrmetti, questioning the legality of this agreement and urging the appointment of a special prosecutor to enforce the state’s laws on aggravated prostitution. He also highlights that this is the second time Shelby County has seen differential enforcement of laws compared to the rest of Tennessee.
The Other Side
The DOJ justifies its actions by emphasizing that the criminalization of individuals with HIV in prostitution cases is discriminatory under the ADA. However, critics argue that this overlooks the public health risk posed by individuals who knowingly spread HIV, which has led to a significant increase in HIV cases in Shelby County.
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