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In addition to narrowing the applicability of the criminal charge of intentional HIV transmission and reducing the penalty, the law—sponsored by State Senator Dallas Harris—entirely eliminates the statutory section providing criminal liability for simply doing sex work while living with HIV. Wade, the state director of Silver State Equalitya prominent supporter of the bill. While likely to encourages sex workers to feel safe enough to seek testing, the law simultaneously eliminates the mandatory HIV testing of arrested sex workers, restoring personal autonomy.
A report from the Task Force, together with recommendations by the governor and legislative counsel, informed the bill that Senator Harris would introduce in March The new law puts to rest a statute that garnered challenges in the Nevada Supreme Court. In Glegola v.
The Justices paid no mind to the fact that no such sex even occured. The enactment of SB appears to be a resounding win for both the Black Lives Matter and sex worker rights movements. The HIV criminalization laws are mostly enforced, in reality, against Black sex workers. More than half of all HIV-related charges and convictions—61 percent and 64 percent respectively—were related to the laws specifically targeting sex workers. Black defendants were involved in 66 percent of the sex-work HIV-criminalization charges and 61 percent of the convictions.
In the scheme of things, the of Nevadans directly impacted by the law is quite small: 47 discrete individuals since There have been 80 separate arrests under the HIV-related laws. But it appears that an outright prohibition on the employment of HIV-positive sex workers at d businesses remains in place. Law enforcement can no longer target sex workers for simply living with HIV. One police department stands out when it comes to enforcement of the law.
Currently, anyone seeking regulated employment as a sex worker must undergo rigorous monthly HIV and sexually transmitted infection STI testing. The former cases are curable, while the latter, at present, is a lifetime condition Nevada discrete sex well as a constitutionally protected disability. The regulation, presumably promulgated for the sake of reducing the chances of seroconversion, does not appear to for the reality that HIV can become untransmittable when people adhere to treatment medications.
The new law prohibits health authorities, like the Board of Health, from barring people living with HIV from accessing places of public accommodation or employment, like d sex worker businesses. It additionally provides that such a policy would constitute a violation of the Americans with Disabilities Act.
Nevada lawmakers could take action if the Board does not.
If so, it would follow in the procedural footsteps of SB Despite the continuation of certain policies discriminating against sex workers living with HIV, the enactment of SB adds Nevada to a list of other Western states, like Colorado in and California into have legislated the repeal of harsh penalties against the vulnerabalized community. Let nature take her course! In Temperance America and beyond, it seems no amount of evidence will be accepted Sessi Kuwabara Blanchard.
Sessi is an independent drug journalist and drug-user activist. She lives in New York City. Show Comments.
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