Subject: ANTIFA INFO-BULLETIN, Number 123

Sun, 15 Jun 1997

From: Tom Burghardt <tburghardt@igc.org>

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On April 10th, North Dakota's Governor Edward Schafer signed a controversial measure called the "HIV Confinement Bill". Under this new law, a person who believes that another individual has "significantly" exposed them to blood may secure a state court order confining that individual for up to five days, during which time a judge can rule on whether to order a HIV test.

This new legislation specifies a "person" as a police officer, firefighter, emergency medical technician, health care worker or a patient - in other words, practically anyone can have someone detained.

Thus this law also allows a person to be imprisoned even though no criminal charges have been filed. Sounds like the concentration camps will be built soon!

Needless to say, this law will do nothing to stem HIV infection. The only way people can know whether or not they are HIV+ is to get tested themselves, not to get someone else tested.

The law is planned go into effect on July 1st, yet provides no guidance to the courts on how the results of the forced HIV test will be kept confidential, raising important questions about individual privacy. This law completely violates people's most basic rights, while addressing none of the health concerns for people who are HIV positive. All it does is give free license to jail anyone for something as unsubstantiated as a guess.

It is easy to see how this law will be actually used in the future...everyone who's jailed, for whatever "crime", will be tested. They obviously think that everyone has their heads in the sand and can't see this law for what it is: another way to control and regulate people.

The American Civil Liberties Union say they're considering a legal challenge, stating that the law serves no public health purpose, and is a serious violation of due process and the Fourth Amendment's guarantee against unreasonable searches and seizures. Well they'd better get off their cushy butts real quick to fight it before it'll be made law in other states and becomes a real health hazard!

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