Published March, 2026
OUTMemphis v. Lee, Order on Motion to Dismiss, U.S. District Court for the Western District of Tennessee (2026)
On March 31, the U.S. District Court for the Western District of Tennessee issued a ruling in OUTMemphis v. Lee, a challenge to Tennessee’s Aggravated Prostitution (AP) statute. The Court granted in part and denied in part the state’s motion to dismiss, allowing the first challenge to an HIV criminalization law using the Americans with Disabilities Act (ADA) to proceed.
Brought by the American Civil Liberties Union (ACLU), ACLU of Tennessee, and Transgender Law Center on behalf of OUTMemphis and several people living with HIV, the claim argues that the aggravated prostitution law violates the ADA and the U.S. Constitution. The defendants in the case, Governor Bill Lee and Tennessee Attorney General Jonathan Skrmetti, moved to dismiss the suit.
In its ruling, the court granted in part and denied in part the state’s motion to dismiss. Most notably, it allowed the ADA claim to proceed, recognizing that the aggravated prostitution law may constitute unlawful disability discrimination. The court found that HIV is a protected disability and that criminal law enforcement falls within the scope of the ADA—clearing a critical path for challenging HIV criminalization using federal disability law.
Copyright Information: CHLP encourages the broad use and sharing of resources. Please credit CHLP when using these materials or their content. and do not alter, adapt or present as your work without prior permission from CHLP.
Legal Disclaimer: CHLP makes an effort to ensure legal information is correct and current, but the law is regularly changing, and the accuracy of the information provided cannot be guaranteed. The legal information in a given resource may not be applicable to all situations and is not—and should not be relied upon—as a substitute for legal advice.