The AIDS Law Project of Pennsylvania is a nonprofit, public-interest law firm that provides free legal service to individuals living with and affected by HIV and AIDS. Founded in 1988, it is the only public interest law firm in the nation that is exclusively dedicated to helping those with HIV and AIDS. AIDS Law Project is headquartered in Philadelphia with an additional office in Southern New Jersey.
Background
The AIDS Law Project provides free legal assistance to people living with HIV and AIDS and others directly affected by the epidemic. The AIDS Law Project serves all of Pennsylvania and Southern New Jersey, educating the public about AIDS-related legal issues, training case management professionals to become better advocates for their HIV-positive clients, and working at local, state and national levels to achieve fair laws and policies for those affected by HIV/AIDS. It is equipped with a bilingual (Spanish, English, and French) staff.
History
The AIDS Law Project was founded in 1988 by David W. Webber, who served as its first executive director. Nan Feyler served as the second executive director from 1993 until 2000, at which point the current Executive Director Ronda B. Goldfein took over the position after having worked there since 1992, beginning as a volunteer.
Significant cases
Smith v. City of Philadelphia (1994) In 1994, the AIDS Law Project filed a complaint with the United States Department of Justice against the City of Philadelphia on behalf of an individual who was refused treatment by emergency medical technicians (EMTs) on the basis of his AIDS diagnosis.
On March 21, 1994, the AIDS Law Project and the City of Philadelphia reached a settlement which strove to ensure that EMTs would no longer refuse to render aid to people with HIV/AIDS by instituting AIDS training for all personnel, financial compensation for the plaintiff, and an apology. This was the first settlement of an AIDS discrimination case under the Americans with Disabilities Act (ADA). ''Smith v. City of Philadelphia (2004)Philadelphia EMTs again refused to render aid to a man who was suffering from chest pains. The thirty-eight-year-old man was denied treatment by EMTs who were afraid of contracting AIDS.
Accused of violating the ADA and other discrimination laws, the City of Philadelphia agreed to pay $50,000 to Mr. Smith, promised to adhere to nondiscrimination policies, and train all personnel on HIV/AIDS transmission as part of a settlement. M. Smith v. Life Partners, Inc. (2007)In 2007, the AIDS Law Project secured health insurance for a client who had sold her life and health insurance policies to a viatical settlement company in 1994 before the discovery of antiretroviral treatment which transformed an HIV diagnosis from inevitably fatal to a manageable disease.
When it became clear that the client planned to live a long and healthy life, the viatical company informed the client that it would not continue to pay her health insurance premiums for the remainder of her life per the terms of the contract. With AIDS Law Project representation, the New Jersey Superior Court found against the company, finding an anticipatory breach of contract. The appellate court agreed.
A settlement was reached and the client was able to continue to access the health care. Mother Smith, Abraham Smith v. Milton Hershey School (2011)In 2011, the AIDS Law Project filed a suit against the Milton Hershey School in Hershey, Pennsylvania, in the U.S. District Court for the Eastern District of Pennsylvania alleging violations of anti-discrimination laws after a 14-year-old boy was denied enrollment to the School on the basis of his HIV status.
After AIDS Law Project representation and advocacy, the school's president, Anthony J. Colistra, publicly apologized to the student and to his mother, offered to reconsider the boy's application, and announced "a new Equal Opportunity Policy clearly stating that the School treats applicants with HIV no differently than any other applicants."
