Experts agree: Criminalizing HIV transmission a ‘backwards step’


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Robert Nardolillo
Robert Nardolillo

If freshman legislator Robert Nardolillo accomplished anything with the introduction of legislation that seeks to criminalize the transmission of HIV, it was to demonstrate the hard won strength and unity of the LGBTQ and medical community in resisting a return to the ignorance, fear and stigma attached to the disease in the 1980s.

Though Nardolillo, in presenting his bill to the House Judiciary Committee claims to have done research on the issue, it became immediately obvious that he had not talked to any of the assembled experts in public health policy in the room last night. If anything, it looks like Nardolillo’s research amounted to little more than copying section 44-29-140 of a draconian and unhelpful South Carolina law passed in 1988, at the height of AIDS hysteria in the United States.

Nardolillo, who did not respond to my request to answer questions before the hearings, did speak to Zack Ford at ThinkProgress and when confronted with studies demonstrating the dangers of this kind of legislation, showed himself to be impervious to reason, saying,

‘Have I read the research? I did,’ Nardolillo confirmed, saying that he still felt that HIV was too serious not to prosecute in a distinct way.

Stephen Hourahan, Executive Director of AIDS Project RI strongly disagreed. The legislation’s passage, said Hourahan, “would mark a backwards step” in dealing with HIV. Since the bill criminalizes knowingly transmitting HIV, the bill will, “privilege the ignorance of not knowing your status.” We don’t want the mantra to be, “Take the test and risk arrest,” said Hourhan, adding that such a bill would create a “viral underclass” and should be opposed by all.

Paul Fitzgerald, executive director AIDS Care Ocean State, echoed Hourahan’s comments, adding, “I don’t believe that it’s smart” to pass such a bill.

Anthony Maselli, a healthcare worker and LGBTQ activist, said that transmission of HIV with “malicious intent is improbable and rare.” The law, says Maselli, “adds insult to injury” and is “a slap in the face.” At the conclusion of his excellent testimony, Maselli was greeted with applause from those crowded into the room.

Anthony DeRose, representing the Rhode Island Democratic Party LGBTQ Caucus and the Young Democrats of Rhode Island pointed out that as a country, we are in the process of rolling back similar laws. Laws such as the one Nardolillo introduced, said DeRose, are “outdated.”

Dr. Amy Nunn of Brown University, who I featured in a piece back in December during a State House event held for World AIDS Day, said that passage of such a law would set back decades of work here in Rhode Island. She called Dr. Michael Fine of the Rhode Island Department of Health a visionary for suggesting that Rhode island might be the first state to eliminate HIV transmission through sound public policy.

Rounding out the night’s testimony was Miriam Hospital’s Kristen Pfeiffer, chair of the RI HIV Prevention Coalition and Ben Klein, a Senior Attorney at Gay & Lesbian Advocates & Defenders. Both were vociferous and forceful in firmly opposing the legislation.

In the face of such strong opposition, it seems extremely unlikely that this legislation will advance out of committee.

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Civil Rights-era activist Adele Bourne speaks against Raptakis highway protest bill


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Adele Bourne
Adele Bourne

In my opinion Adele Bourne, speaking in front of the Senate Judiciary committee on behalf of the American Friends Service Committee in opposition to Senator Leo Raptakisbill to make blocking the highway during a political protest a felony, has put the last nail in the coffin of this ill considered legislative overreach.

“I would have a rap sheet a mile long if this were taking place in Webster Groves, Missouri in 1953,” said Bourne, who was a senior in high school at the time, “There were good reasons. I’m not a wild eyed pacifist or liberal but in 1953 in Webster Groves, Missouri, our religious leaders and our wonderful school teacher… black and white, they got us all together, the kids, and we got rid of a corrupt mayor. We opened up a new pool and recreation area, paid for by everybody, used only by whites: we changed that. So when school desegregation came three years later there was no problem whatsoever.”

Bourne spoke directly to the danger of passing laws that run contrary to civil rights, saying, “At the time there were real problems and my ministers and my teachers and I would have been put in jail because we had to cross a highway at one point or another.”

Webster Groves is only 14 miles from Ferguson.

Bourne brought up the case of Father Michael Doyle, a New Jersey priest arrested in 1971 as part of the Camden 28 for breaking into a draft office as part of a protest against the Vietnam War.  “I’m old enough that I have been able to know some of the leading people for political change and social change in this country. That’s one advantage of being so ancient. Father Michael Doyle of Camden, New Jersey would be behind bars under mandatory sentencing.”

Instead, Father Michael Doyle has spent that last four decades, “feeding, housing, and educating the poor.”

It’s important to remember that the people blocking the highways today are the Adele Bournes and Michael Doyles of the future. We cannot let ourselves become so fearful of change that we criminalize our best and brightest.

You can view the rest of last night’s testimony on the Raptakis’ highway bill here.

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Raimondo toll plan deserves progressive support


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Tolls are the way to go, says Gov. Raimondo, and we need to have her back on that.

As Gov. Raimondo recently pointed out, Rhode Island has some of the highest per-mile costs for road infrastructure. In addition to that, as I’ve pointed out right here at RI Future, much of that road infrastructure is highway oriented, even in our cities. Providence is among a rogue collection of cities in the Rustbelt Midwest, Texas, and California for its lane-miles of highway infrastructure per capita.

highways
The Next St. Louis wrote a story on its problem with too much highway infrastructure, and unfortunately we ended up among the cities that have the same problem.

That means that our poorest areas where people often don’t have access to cars are choked by highways, causing air pollution and congestion that would otherwise be avoided with a multimodal system. The costs of this type of highway infrastructure are many orders of magnitude higher than other projects, and also at the same time stand in the way of development in urban areas. These factors act as both a push and pull force against our economic development and climate change goals.

One way Gov. Raimondo has sought to fix the imbalance of spending is to use tolls to provide some of our road funding. I know that there’s going to be lots of howling from all sides, so I want to preempt it and say to the governor, “Thank you! Well done!”

Tolls are not popular on the left or the right. The right, of course, unaware of how socialized and unbalanced policies around driving have become, cries that tolls are a “war on cars“. In Rhode Island, we’ve seen tea party vandalism against toll collection efforts on the Sakonnet Bridge. Sometimes elements of the left don’t understand the issue well either, seeing tolls as a way of stepping away from the responsibility of government to pay directly for infrastructure costs through general funds. I believe both are mistaken.

It’s correct to use government to invest in public infrastructure and lessen inequalities. Road spending is simply the least efficient way to do it. Although all classes of people drive to some extent, the poorest drive the least. Certainly if you want to help the odd person who is poor and happens to drive, there are more direct ways to target the aid. Though road projects cause a blooming of development, the revenue from the development does not add up to enough over the long-term to pay back the costs of the maintenance on infrastructure. Tolls are an equitable way to pay for road infrastructure. Paying for roads in this way also means that the general funds we have can be repurposed to more important and directly progressive goals, like an increased Earned Income Tax Credit in the state.

I call on the governor not only to toll highway-type infrastructure, but also to look carefully at how we can reduce unnecessary road expenditures. We need long distance roads in parts of our state, but our urban areas are far too choked by highways. The Route 10 section of the 6/10 Connector is now the oldest highway in the state, cuts neighborhoods in Providence and Cranston off from one another, makes the Washington Secondary bike path less useful, and prevents development along a prime corridor of urban land. Removing highways like Rt. 10 and building them in less expensive, more multimodal ways would lower our state’s costs, allowing tolls to be less extreme (I think Rt. 6 should go too, but its infrastructure is newer–some of it, in fact, is being replaced at great cost right now–so that may have to wait).

The progressive community needs to put its elbow grease into supporting tolling as one of the tools we use in transportation. It’s up to us to organize and educate constituencies for this, or else the governor’s proposal will fail.

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