Date:         Thu, 25 Jan 1996 11:16:04 -0500
From: DennyCLU@AOL.COM

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News from the ACLU National Headquarters

ACLU Secures Final Victory in Groundbreaking AIDS Bias Case

FOR IMMEDIATE RELEASE
January 23, 1996

TOLEDO -- A $350,000 settlement was announced today in a lawsuit
brought by the American Civil Liberties Union against a doctor and
hospital for refusing to treat a man with AIDS.  The settlement
closes a precedent-setting case that paved the way for people with
HIV to be protected under federal law.
  "We brought this case to prohibit doctors and hospitals from
refusing to treat people with HIV," said Marc E. Elovitz, staff
attorney for the ACLU's AIDS Project.  "In clear language, a
federal court has sent a warning to medical professionals that they
are not exempt from federal non-discrimination laws.  This
settlement will drive that point home."
  The case was brought in 1992 on behalf of Fred L. Charon, who was
traveling through Ohio when he suffered a severe allergic reaction.
 He was rushed to a nearby hospital in Fremont, Ohio only to be
refused treatment when the admitting physician, Dr. Charles
Hull who was quoted as saying "if you get an AIDS patient in the
hospital, you will never get them out" learned of his HIV status.
  The ACLU brought suit against Dr. Hull and the Fremont Memorial
Hospital for violating federal law.  In an initial victory, a federal
jury in June 1994 awarded Charon $512,000 in punitive and
compensatory damages, finding the doctor and hospital in violation
of the Federal Rehabilitation Act of 1973.
  Several months later, federal district Judge John Potter ruled
that the defendants' actions also violated the Americans With
Disabilities Act, and enjoined them from further violations of the
law.  The hospital and doctor was ordered to post signs in waiting
rooms informing patients with HIV of their right not to be denied
treatment.
  In reaching his decision, Judge Potter rejected the defendants'
argument that there is a "medical exception" to non-discrimination
laws, as well as a number of arguments that would have denied
people with HIV the right to challenge unfair treatment.
  It was the first decision applying the 1992 law to prohibit
doctors and hospitals from denying care to individuals because of
their HIV status.  The settlement announced today ends the
defendants' appeal of that decision.
  Although Charon passed away on March 25, 1993, the suit was
continued by his surviving partner, Bruce Howe, who represents
Charon's estate.  The case was tried by the ACLU's Elovitz and
cooperating attorneys for the ACLU of Ohio, Ellen Simon (a partner
with the Cleveland law firm of Spangenberg, Shibley, Lancione &
Liber) and Doris Wohl (principal of the Toledo law firm of Wohl &
Associates).
  "More than one million people in America are infected with HIV,"
said Ms. Simon.  "This victory and settlement confirm that
discrimination against people with HIV is wrong and will not be
tolerated."
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Contacts: Denny Lee, 212/944-9800 ext. 424

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