ACLU, dentist reach settlement

The American Civil Liberties Union of Illinois has announced a formal settlement in an AIDS discrimination charge filed with the Illinois Department of Human Rights.

This is believed to be the first case resolved under the state Human Rights Act to prevent discrimination against people with AIDS and those infected with the human immunodeficiency virus by dentists.

The ACLU had filed a charge of unlawful discrimination under the state human rights statute based on perception of handicap after a dentist in southwest Illinois refused to provide treatment to the father of a child with AIDS unless the father was tested for HIV.

The Illinois Human Rights Act is the primary means through which PWAS and HIV-positive individuals can fight discrimination. There currently is no state law prohibiting discrimination on the basis of AIDS or HIV infection.

According to attorney John R. Hammell, director of the ACLU AIDS and

Civil Liberties Project, "This case is important because it sends a message to dentists and other health care providers that they cannot deny services to PWAS and HIV-infected individuals."

Under the agreement, the dentist promised not to discriminate against PWAS or those with HIV infections, nor will he require that anyone be tested as a condition of treatment. In addition, the dentist has agreed to post notices in his waiting and treatment rooms that indicate that discrimination against PWAS or HIV infection is illegal and that he does not deny dental services to anyone on that basis. He also must pay more than $3,000 in damages, attorneys' fees and costs.

Hammell said his office receives numerous complaints from PWAS or HIV-infected individuals who have been denied medical treatment, jobs, housing, education opportunities and access to public accommodations despite the fact that public health officials agree that they pose no risk to people they live near or work or go to school with. ▼

Gay man wins challenge against AAA

Seattle's Human Rights Department has "found probable cause" that the membership policy of AAA Automobile Club of Washington is discriminatory on the basis of marital status.

The ruling was issued in a case brought by Demian, a Seattle resident who has only one legal name.

The department ruled June 23 that the automobile club discriminated against Demian when it told him that his domestic partner was ineligible for "associate membership." The low-cost associate membership is offered to spouses and dependents of "master members."

The department rejected AAA's defense that the associate membership criteria are warranted by "tradition and economic reasons"; that it is less expensive to service spouses and dependents.

"These arguments are unfounded," claimed Demian. "Any savings associated with serving married couples would apply equally to unmarried couples who live together. And tradition is by no means a defense for discrimination."

In a separate decision, the department

Since 1984

rejected Demian's contention that the membership policy also discriminates on the basis of sexual orientation. Although Demian is dissatisfied with the ruling on this charge, he has decided not to appeal it.

"After waiting more than a year for the department's decision," said Demian, "I want to move quickly to a resolution that will send a clear message to Seattle businesses. All families, including gay and lesbian families, deserve equal access to family discounts. It's fair and, in Seattle, it's the law."

Demian is co-publisher/co-editor of the national monthly, PARTNERS: The Newsletter for Gay and Lesbian Couples.

The case now proceeds to conference and conciliation, a process whereby the department will work with both parties to achieve a "just and equitable resolution" of the matter.

Demian has asked that AAA redefine associate membership as any second adult household member, and that it widely publicize the change of policy.

If the conciliation fails, the city attorney could file a suit against AAA. ▼

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NOW works on lesbian rights

Delegates to the National NOW Conference enthusiastically endorsed a call for an "Expanded Bill of Rights for the 21st Century" to be added to the Constitution. Freedom from discrimination on the basis of sexual orientation is one of seven major points.

The NOW Conference, held in Cincinnati July 21-23, focused primarily on post-Webster strategizing. Recognizing the reactionary trend of the Supreme Court, conference participants realized that all of our rights must be specifically laid out in the Constitution.

Along with passage of the Equal Rights Amendment, the Expanded Bill of Rights includes lesbian and gay civil rights; freedom from race discrimination; freedom from government interference in abortion, birth control and pregnancy; a right to a decent standard of living; a right to a clean environment; and the right to be free from violence.

The possible formation of a new political party with a platform containing the Expanded Bill of Rights also was unanimously endorsed and will be explored through the appointment of a commission.

The action component of the abortion rights strategy included the Freedom Caravan for Women's Lives, a major organizing vehicle at the state level to activate and train the "political army" mobilized by the April 9 March for Women's Equality/Women's Lives. It also called for a mass mobilization Nov. 12 in Washington to underline the overwhelming public outrage at the Webster decision and the need to keep a national focus on the abortion rights issue.

"The lesbian and gay community strongly supported the April 9 march and lesbians have always been on the front line on the abortion issue because a woman's right to choose ultimately includes not only reproductive freedom, but the right to choose one's sexuality," said NOW President Molly Yard. *Other issues, including lesbian rights and specifically the issues of lesbians of

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color, also were addressed at the conference. "NOW recognizes that lesbians of color have additional issues facing them, namely racism, cultural diversity, classism, and economic conditions," the lesbian rights resolution stated. Workshops were urged at the national, regional and state level to continue to identify those issues. In addition, the NOW Lesbian Rights Resource Kit, currently being updated, will have a new "Lesbians of Color" section which will be distributed to all NOW subunits.

Working from the National Lesbian Rights Agenda developed at the NOW Foundation-sponsored National Lesbian Rights Conference held last fall, NOW membership provided clear direction for the National NOW Lesbian Rights Program.

While the entire agenda was supported, certain issues were given particular emphasis including:

• Legalizing and protecting lesbian and gay families.

Supporting openly lesbian and gay feminist candidates for political office.

Re-emphasizing feminist consciousness-raising to educate new activists on the importance of lesbian rights. Encouraging its membership to be involved in and support the concept of the National Lesbian Conference, which is currently being planned. • Working for legal protection of the rights of lesbian and gay teachers. Endorsing a national health care plan. Coordinating a campaign to register voters supportive of lesbian and gay rights.

For more information on the November 12 demonstration, a copy of the full National Lesbian Rights Agenda (available now for $5 to cover costs) or the NOW Lesbian Rights Resource Kit (available for $10), write to the National NOW Action Center, 1000 16th St. NW, Suite 700, Washington, D.C. 20036, or call 202-331-0066.

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