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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (April 5, 2002)
mrmm news M t 'aprii 5.2002 20 IDAHO ormer state A t torney General David Leroy accused the Idaho Housing and Finance Associa tion of violating the security of public health records and developing an illegal database containing the personal informa tion of HIV/AIDS clients. A formal complaint was an nounced March 25 requesting an official investigation by the U.S. Department of AIDS activists are urging Idaho Gov. Dirk Kempthome (center, proclaiming Housing and Urban April “Couch Potato M onth” ) to protect public health records Development and the Fort Bragg heeded SLDN’s calls for a thorough office of Gov. Dirk Kempthome. investigation and has revealed the tme number The charges allege that Kith federal and state laws were violated and that the security of of discharges from the base,” executive director the Idaho State HIV Surveillance Database was C. Dixon O sbum said. T he revision brings the total number of gay compromised. Leroy accused the association of discharges from the military during fiscal year accessing confidential records without observ 2001 to 1,273. T hat is the highest figure since ing client informed consent. 1987, seven years prior to the implementation “We believe that executives and managers of of “don’t ask, don’t tell.” IHFA conspired under the color of law to deprive low-income and HIV-positive individuals and C A L IF O R N IA their families of rights to privacy and equal pro Los Angeles jury returned guilty verdicts tection under the law,” he said. “We also Kdieve March 21 on all five counts against dog that IHFA has accessed personal records from owners Marjorie Knoller and Robert Noel, project sponsors with full knowledge that including a count of second-degree murder informed consent was absent hut necessary.” against Knoller. T he couple’s two presa canarios T he complaint alleges that the association has compiled detailed information and export fatally mauled Diane W hipple in the hallway of her San Francisco apartm ent Jan. 26, 2001. ed it into an independently developed database “It’s been a long 14 months, and this is a very to track and m onitor HIV-positive people. It converted funding intended to develop com emotional moment for me," said Sharon Smith, the victim’s partner of seven years. munity-based inform ation and “1 always felt this should he the out referral services into an illegal sys come, and I’m incredibly grateful tem of records paralleling the state that it was.” of Idaho HIV-positive database. Last spring, the N ational C enter “T he HIV database tracks and for Lesbian Rights filed a wrongful monitors HIV-positive people, it death action on S m ith ’s behalf contains far more than statistical against the dog owners. In August information, and it was illegally 2001, San Francisco Superior Court built and m aintained," said Mark Judge A. James Robertson II issued W elch, Idaho AIDS Foundation a groundbreaking mling in the case, executive director. “In addition, saying it is unconstitutional to pre we have records indicating that Shannon M inter clude a surviving same-sex partner th e inform ation was - illegally from being able to sue for wrongful death. released to third parties.” Smith was also instnimental in the enactment of Assembly Bill 25 in California last year. Among N O R TH C A R O L IN A other new rights, the legislation allows surviving ^ort Bragg acknowledged March 22 it had same-sex partners to bring wrongful death suits. underreported the number of gay discharges Knoller faces a sentence of 15 years to life, from the Army base for fiscal year 2001 to the and Noel could spend up to four years behind Pentagon and public. bars. “This verdict is a tremendous vindication Officials admitted the mistake, which they of our belief that Diane’s death was a direct blamed on a misunderstanding of the “don’t ask, result of the criminal irresponsibility of these don’t tell” policy, after a report by Servicemem- dog owners,” said attorney Shannon Minter, hers Legal Defense Network revealed soldiers received improper paperwork. The base dis who is representing Smith in her civil suit. charged 24 people, rather than the four original N A T IO N A L ly reported to the U.S. Defense Department, he final rules released by the U.S. Justice because of sexual orientation. JL Department concerning federal compensa Two SLDN clients received paperwork indi tion for survivors of the Sept. 11 terrorist attacks cating “completion of required service" as the basis for discharge, even though they actually do not explicitly extend compensation to the were removed on the basis of sexual orientation. partners of gay and lesbian victims. Instead, Ken The watchdog group revealed the discrepancy in Feinherg, the special master assigned to the fund, Ctmduct Unbecoming, its annual report on “don’t will make decisions tin a case-by-case basis, ask, don’t tell," released March 15. As a result of “T he final mles cnielly place gay families in the document, which called for an investigation an unresolved state," said C had Johnson, into the apparent misrepresentation of discharges National Stonewall Democrats executive direc- from Fort Bragg, the base conducted a review. tor. “W hile we arc hopeful that Ken Feinherg The Army’s statement regarding the discrep- will treat same-sex survivors equally, the Bush ancy stated that the supervisor in charge of proc- administration has missed a powerful opportuni- essing the discharges thought he was required to ty to recognize gay families and to treat them “protect the soldiers’ privacy" and therefore mis- with equal compassion and dignity." labeled the paperwork. “We are encouraged that I The rules offer protections to anyone named I N orth P ortlan d V eterin ary H o sp ital We are committed to providing loving, compassionate medical care for your pet. ( 50 3 ) 285-0462 drive with Pride • 3000 N. 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