Defendants in Utah courts who are required to submit to AIDS tests are being used as guinea pigs in an experiment that a Salt Lake attorney compares to the Hitler era.
Brad Rich and the American Civil Liberties Union announced Wednesday they will continue to pursue their battle against the indiscriminate and routine testing of individuals guilty of minor crimes."No search is more personal or more invasion than a search of one's blood. To require AIDS tests without a compelling reason is clearly unconstitutional," said Rich.
"There is no rational basis for the testing. It would be like ordering a defendant that does not have a drug problem into drug therapy. The results are not given to the judge or the defendant, so what purpose is served? None! It's nuts!"
Rich asserts that the courts are receiving federal funds to conduct AIDS testing on those who plead guilty to minor crimes on a random basis. The clandestine nature of the tests and the obscure purpose of the results are a grim reminder of Adolf Hitler's experiments on human beings during World War II, he said.
Serving as the ACLU cooperating attorney, Rich filed a petition Aug. 30, 1988, challenging the practice of AIDS tests based on a case involving client Steven D. Barrows.
Barrows was arrested on a disorderly conduct charge. He pleaded guilty to the charge before Third Circuit Court Judge Eleanor Van Sciver.
Prior to sentencing, the judge ordered that Barrows submit to a $25 HIV test at his own expense. He was further ordered to sign a document that would release the test results to the court and absolve the court of any liability resulting from the test.
No reasons were given for requiring the test.
Barrows refused to submit to the test, contending it violated his constitutionally protected rights to privacy and protection against unreasonable searches and seizures.
On July 10, 3rd District Judge A. Rokich signed a writ prohibiting Van Sciver from requiring Barrows to submit to the AIDS test prior to time of sentencing.
Rich anticipates that all Utah circuit court judges will discontinue requiring an AIDS test prior to sentencing as a result of Rokich's ruling. But he fears Van Sciver - and other judges - may include the AIDS tests as part of a condition of probation following sentencing.
The issue will likely be challenged again. Rich, the ACLU and Barrows intend to continue their battle "one step at a time."
Barrows, in his late 20s, is employed at a Salt Lake housing shelter. He is willing to risk any discrimination resulting from going public with the issue because he is committed to the cause, said Rich.
Rich believes, in some instances, testing individuals for AIDS is appropriately mandated by the Legislature. For instance, SB15 requires some prisoners at Utah State Prison to be tested.
"The reason behind the testing has a purpose. Inmates are at risk of being exposed to AIDS. Those in prison are convicted of serious crimes and have forfeited some of their civil rights.
"But the testing being conducted in circuit court has no purpose or justification at all."