On behalf of two HIV-positive individuals, the HIV/AIDS Legal Services Alliance (HALSA) filed suit against a dental provider for refusing to provide dental services, specifically tooth extraction, to the HIV-positive individuals on the basis of their HIV status. This case was filed in California state court because plaintiffs in that state historically have fared better there than in federal court. This complaint alleges that the defendants violated the section of the Santa Monica Municipal Code that prohibits discrimination on the basis of HIV/AIDS, and two sections of the California Civil Code that prohibit discrimination on the basis of disability. The complaint also includes two tort claims of intentional and negligent infliction of emotional distress. Although based on California law, the allegations in the complaint could easily be adapted to the requirements of other state courts or to ADA and/or Rehabilitation Act claims in federal court.
The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of cross-issue partnerships, networks and resources. We support movement building that amplifies the power of individuals and communities to mobilize for change that is rooted in racial, gender and economic justice.