Team ATAC (ADA to Attack Criminalization)
Since its founding, CHLP has been at the forefront of developing innovative advocacy strategies to challenge laws and policies that criminalize people living with HIV. One novel strategy is developing challenges to state HIV criminalization laws using the Americans with Disabilities Act (ADA).
The premise is straightforward. Laws that single out people living with HIV for unique—and disproportionately harsh—punishment based solely on their HIV status, without consideration of scientific evidence, violate the ADA. This is Team ATAC (ADA to Attack Criminalization).
A history of Team ATAC
In 2018, CHLP convened national disability and constitutional law experts to assess how federal and state disability protections could be leveraged to challenge HIV criminalization laws and to pinpoint cases where the facts and legal landscape created strong opportunities for ADA litigation.
Historic success in Tennessee
In January 2022, CHLP filed complaints with the U.S. Department of Justice (DOJ), urging an investigation into HIV-specific criminal laws in Ohio and Tennessee, alleging these statutes violate the ADA by penalizing people based on HIV status rather than actual risk.
In response, the DOJ found in December 2023 that Tennessee's aggravated prostitution statute against people living with HIV violates the ADA.
A partnership with Northwestern
Thanks to the work pioneered by CHLP, novel legal strategies leveraging the ADA are being used to challenge HIV criminalization laws. Through an exciting partnership with the LGBTQI+ Rights Clinic at Northwestern Law’s Bluhm Legal Clinic, we are building on the foundational work of Team ATAC. Under the supervision of Director Kara Ingelhart, students are researching and analyzing laws to prepare for additional legal challenges.
Building on strong foundations
These webinars explain the historic findings in Tennessee and our current work with Northwestern on our innovative strategies to challenge HIV criminalization statutes using the ADA.
