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In deal with DOJ and ACLU, Tennessee agrees to remove sex workers with HIV from sex offender registry

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In deal with DOJ and ACLU, Tennessee agrees to remove sex workers with HIV from sex offender registry


The Tennessee government has agreed to begin scrubbing its sex offender registry of dozens of people who were convicted of prostitution while having HIV, reversing a practice that federal lawsuits have challenged as draconian and discriminatory.

For more than three decades, Tennessee’s “aggravated prostitution” laws have made prostitution a misdemeanor for most sex workers but a felony for those who are HIV-positive. Tennessee toughened penalties in 2010 by reclassifying prostitution with HIV as a “violent sexual offense” with a lifetime registration as a sex offender — even if protection is used.

At least 83 people are believed to be on Tennessee’s sex offender registry solely because of these laws, with most living in the Memphis area, where undercover police officers and prosecutors most often invoked the statute, commonly against Black and transgender women, according to a lawsuit filed last year by the American Civil Liberties Union and four women who were convicted of aggravated prostitution. The Department of Justice challenged the law in a separate suit earlier this year.

Both lawsuits argue that Tennessee law does not account for evolving science on the transmission of HIV or precautions that prevent its spread, like use of condoms. Both lawsuits also argue that labeling a person as a sex offender because of HIV unfairly limits where they can live and work and stops them from being alone with grandchildren or minor relatives.

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“Tennessee’s Aggravated Prostitution statute is the only law in the nation that treats people living with HIV who engage in any sex work, even risk-free encounters, as ‘violent sex offenders’ subjected to lifetime registration,” the ACLU lawsuit states.

“That individuals living with HIV are treated so differently can only be understood as a remnant of the profoundly prejudiced early response to the AIDS epidemic.”

In a settlement agreement signed by Tennessee Gov. Bill Lee on July 15 and filed in both lawsuits on July 17, the Tennessee Bureau of Investigation said it would comb through the state’s sex offender registry to find those added solely because of aggravated prostitution convictions, then send letters alerting those people that they can make a written request to be removed. The language of the settlement suggests that people will need to request their removal from the registry, but the agency said in the agreement it will make “its best effort” to act on the requests “promptly in the order in which they are received.”

The Tennessee attorney general’s office, which represents the state in both the ACLU and DOJ lawsuits and approved the settlement agreement, said in an email statement it would “continue to defend Tennessee’s prohibition on aggravated prostitution.”

In an email statement, the ACLU celebrated the settlement as “one step toward remedying the harms by addressing the sex offender registration,” but said its work in Tennessee was not done because aggravated prostitution remained a felony charge that it would “fight to overturn.”

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Molly Quinn, executive director of LGBTQ+ support organization OUTMemphis, another plaintiff in the ACLU lawsuit, said both organizations would help eligible people with the paperwork to get removed from the registry.

“We would not have agreed to settle if we did not feel like this was a process that would be extremely beneficial,” Quinn said. “But, we’re sad that the statute existed as long as it did and sad that there is any process at all that folks have to go through after living with this extraordinary burden of being on the sex offender registry for really an irrelevant reason.”

Michelle Anderson, a Memphis resident who is one of the plaintiffs in the ACLU lawsuit, said in court records that since being convicted of aggravated prostitution, the sex offender label has made it so difficult to find a home and a job that she was “unhoused for about a year” and has at times “felt she had no option but to continue to engage in sex work to survive.”

Like the other plaintiffs, Anderson said her conviction kept her minor relatives at a distance.

“Ms. Anderson has a nephew she loves, but she cannot have a close relationship with him,” the lawsuit states. “Even though Ms. Anderson’s convictions had nothing to do with children, she cannot legally be alone with her nephew.”

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The Tennessee settlement comes months after state lawmakers softened the law so no one else should be added to the sex offender registry for aggravated prostitution. Lawmakers removed the registration requirement and made convictions eligible for expungement if the defendant testifies they were a victim of human trafficking.

State Sen. Page Walley (R-Savannah), who supported the original aggravated prostitution law passed in 1991 and co-sponsored the recent bill to amend it, said on the floor of the legislature that the changes do not prevent prosecutors from charging people with a felony for aggravated prostitution. Instead, he said, the amendments undo the 2010 law that put those who are convicted on the registry “along with pedophiles and rapists for a lifetime, with no recourse for removal.”

“Having stood, as I mentioned, in 1991 and passed this,” Walley said, “it is a particular gratifying moment for me to see how we continue to evolve and seek what’s just and what’s right and what’s best.”

KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF — the independent source for health policy research, polling and journalism.

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Childhelp delivers Thanksgiving food baskets to 200 families in East Tennessee

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Childhelp delivers Thanksgiving food baskets to 200 families in East Tennessee


KNOXVILLE, Tenn. (WVLT) – Childhelp Tennessee spent Sunday afternoon delivering Thanksgiving food baskets to 200 families across Knoxville and East Tennessee as a part of the annual Thanksgiving Basket Brigade.

Chad Schollaert, a Childhelp board member, said the boxes primarily went to foster families, where there’s a greater need for donations.

“Foster children, a lot of times they’re not coming from a stable environment. So, having a Thanksgiving meal with a family is extremely important and so is just being able to show stability and family atmosphere,” Schollaert said.

Schollaert said an effort like this takes months of planning and coordinating both meals and volunteers ahead of the big day.

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“It’s been an effort for the last several months getting coordinating volunteers to deliver the meals, getting the meals. I know the staff here at Childhelp have been talking to board members and recruiting others to deliver the boxes,” Schollaert said.

Schollaert added that Childhelp is always looking for more volunteers because the more volunteers they have, the more children get help. He also said there are several other events and fundraising opportunities throughout the year. Click here for more information.



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Could the Tennessee Volunteers Host a First Round College Football Playoff Game?

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Could the Tennessee Volunteers Host a First Round College Football Playoff Game?


Could the Tennessee Volunteers end up hosting a first round college football playoff game?

After the loss to Georgia, it looked like Tennessee was going to need some help to get their way back into the playoff, and they got more than enough help on Saturday. Alabama lost to Oklahoma, Ole Miss lost to Florida and Indiana lost to Ohio State. Three teams that were ranked ahead of Tennessee opened up a playoff spot for them this week.

Not only did it get the Volunteers back into the playoffs, it might have put them in a position to host a first round playoff game. A few things would need to happen and a lot of it will depend on what happens during conference championship week, but it’s certainly a possibility.

The five-seed, the six-seed, the seven-seed and the eight-seed all get to host for the first round. As of right now, it looks like Notre Dame is going to take one of those slots. The winner of Texas A&M vs Texas plays Georgia in the SEC Championship Game and the loser of that might take one of those spots as well. An Oregon vs Ohio State rematch is looking likely for the Big 10 Conference Championship and you would have to imagine that the loser of that game would take a host spot as well. So as of right now, it’s looking like there might only be one host spot up for grabs in the playoffs and Tennessee very well could be the team to snag it as an eighth seed.

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More clarity will be provided about this when the rankings are released this Tuesday but the Volunteers had a very successful weekend of college football, needless to say.

Make sure to follow our website Tennessee on SI.



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ESPN moves Tennessee back into College Football Playoff, gives Vols return trip to Georgia

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ESPN moves Tennessee back into College Football Playoff, gives Vols return trip to Georgia


Losses on Saturday by Indiana, Alabama and Ole Miss moved Tennessee up to No. 8 in ESPN’s new projected College Football Playoff rankings. The projection had the Vols as the No. 9 seed in the 12-team bracket, making a return trip to No. 8 Georgia in the first round of the playoffs.

The other first-round matchups were No. 12 Arizona State at No. 5 Ohio State, No. 11 Indiana at No. 6 Penn State and No. 10 SMU at No. 7 Notre Dame. Oregon was ranked No. 1 and seeded first by ESPN’s Heather Dinich

“As long as Tennessee doesn’t lose at Vanderbilt on Saturday — and that’s hardly a guarantee — the Vols should be in the committee’s top 12 on Selection Day,” Dinich wrote, “now that Ole Miss played itself out.”

ESPN keeps Alabama at No. 12 in playoff rankings despite third loss

The College Football Playoff selection committee will release its new rankings and bracket projection Tuesday night. The official bracket will be announced on December 8.

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ESPN on Saturday night had Ohio State ranked No. 2 and seeded fifth. Texas was ranked No. 3 and seeded second as the presumed SEC champion. Miami was ranked No. 6 and seeded third as the projected ACC champ and Boise State was ranked No. 10 and seeded fourth as the projected Mountain West champs.

Alabama stayed in the top 12 at No. 12 in the ESPN rankings, but was bumped out of the bracket by Arizona State, which was ranked No. 17 but would be in the field as the projected Big 12 champion. 

“Alabama needs help even if it is still in the top 12 on Tuesday night,” Dinich wrote, “because the Tide would be bumped out for the Big 12 champion in this scenario. Alabama needs to beat rival Auburn and hope there is more fallout above them.”

ESPN dropped Indiana to No. 11 in its rankings. Just outside the top 12 was No. 13 Ole Miss, No. 14 South Carolina, No. 15 Texas A&M and No. 16 Clemson. BYU dropped to No. 18 after its loss at Arizona State and Colorado dropped to No. 20 after its loss at Kansas. 

Tennessee at Vanderbilt, Saturday, Noon ET, ABC

Tennessee (8-2, 5-2 SEC) beat UTEP 56-0 on Senior Day at Neyland Stadium Saturday afternoon and now goes to Vanderbilt (6-5, 3-4) this week in the regular-season finale. 

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Indiana lost 38-15 at Ohio State, Ole Miss lost 24-17 at Florida and Alabama lost 24-3 at Oklahoma. Texas A&M also lost at Auburn for its second SEC loss.

The Tennessee-Georgia winner in the ESPN projection would advance to face No. 1 Oregon in the Rose Bowl.

Georgia can play its way out of the first round by winning the SEC Championship game. Georgia has clinched a spot in Atlanta and will face the winner of Saturday’s game between Texas and Texas A&M.

“The Vols got some help on Saturday,” Dinich wrote. “With Ole Miss and Indiana both losing, Tennessee should move up by default — not because it hammered UTEP 56-0. 

“The head-to-head loss to Georgia will keep them behind the Bulldogs, which makes putting them ahead of Alabama difficult for the committee in spite of the win against the Tide.”

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