Pages 3 – 89: Los Angeles City Council File No. 85-0869 S1

Pages 3 – 7: Public Health, Human Resources, and Senior Citizens Committee Report to Council of the City of Los Angeles (8/13/85)

Pages 91 – 105: Los Angeles City Council File No. 85-0869 S2 Los Angeles City Council File No. 85-0869 S2 File No. 85-0869 Sl

TO THE COUNCIL OF THE CITY OF LOS ANGELES

-1-

Your PUBLIC HEALTH, HUMAN RESOURCES, AND SENIOR CITIZENS Committee reports as follows:

RECOMMENDATION That the proposed ordinance providing for civil penalties against those who discriminate against persons with AIDS or AIDS related conditions in the fields of housing, employment, and/or public services and accommodations BE PLACED UPON ITS PASSAGE. SUMMARY Your Public Health, Human Resources and Senior Citizens Committee began a series of hearings on the subject of the Acquired Immune Deficiency Syndrome (AIDS) medical condition pursuant to a Motion (Yaroslavsky-Bernardi-Stevenson) requesting recommendations on ways that the City can involve itself in fighting the epidemic and supporting its citizens who have been touched by the disease. After the first of these hearings, a second Motion (Wachs-Snyder) requesting an ordinance prohibiting discrimination against persons with AIDS was referred to your Committee. At hearings conducted on June 19, July 23, and August 13, 1985, your Committee learned that the first cases involving AIDS were reported in Los Angeles in 1981. Since that time over 900 cases of AIDS have been reported in Los Angeles County. The number of reported cases is growing geometrically, currently doubling every fourteen months. AIDS is now the leading cause of death of single men between the ages of fifteen and fifty. As of June 1, 1985, persons with AIDS resided in every Council District in the City of Los Angeles. Your Committee heard testimony from Councilman Zev Yaroslavsky; Councilman Michael Woo; Councilman Joel Wachs; Dr. Neil Shram, Chairman of the AIDS City/County Task Force; Bill Misenhimer, Executive Director of AIDS Project/Los Angeles; Colleen Johnson, Assistant Director of AIDS Project; Rev. Steve Pieters, a person with AIDS; John Mortimer, AIDS Project/LA; Dr. Peter Heseltine, Chief Physician of Hospital Epidemiology at County-USC Medical Center; Hugh Rice, Director of Health Services at the Gay and Lesbian Community Services Center; Dr. Shirley Fannin, Los Angeles County Public Health Programs; Barbara Zeidman, Director of the City's Rent Stabilization Division; Grace Davis, Deputy Mayor; and others. File No. 85-0869 Sl

TO THE COUNCIL OF THE CITY OF LOS ANGELES

-2-

Your PUBLIC HEALTH, HUMAN RESOURCES, AND SENIOR CITIZENS Committee

reports as follows:

The disease of AIDS is caused by a virus which is spread by '7~sexual contact ..or------bJ..oed or blood contact. It is a disease which :' ~ppears to be easy to spread sexually and very difficult to spread in other ways. There is no evidence that it is transmitted by casual contact. There are no cases of transmission of the disease within families to persons other than sexual partners. There is evidence that the disease is spreading rapidly into groups which were not previously deemed at risk. Testimony indicated that AIDS is not an "accepted mainstream disease" and that it has a stigma attached because it is a life threatening condition that was originally introduced in this country in the gay population. AIDS is different and it is different because of the stigma. Discrimination is more severe and prevents those with the disease from using existing systems. Much of the general population still believes that AIDS is casually contagious. Much of the discrimination is the result of inappropriate and irrational fear of the disease. Phobia concerning the disease is rampant.

Persons with AIDS are faced with enormous stress in facing their medical conditions, financial ruin through astronomical medical expenses, the end of employment opportunities, and the stigma associated with the disease. They face additional stress in interfacing with the legal, medical, and financial bureaucracies with which they must deal. Some persons with AIDS are abandoned by family and friends. Your Committee heard testimony that persons with AIDS have significant problems in obtaining social services from both government and private agencies because many employees in the agencies refuse to deal with them. Bars and restaurants have asked persons with AIDS to leave their business establishments. In one case, a client reported to AIDS Project that the mailman refused to deliver mail to the person's domicile. School children with AIDS have not been allowed to attend school. Your Committee heard of one instance where an employee was demoted and moved into an isolated environment after his employer learned of his medical diagnosis. File No. 85-0869 S1

TO THE COUNCIL OF THE CITY OF LOS ANGELES

-3-

Your PUBLIC HEALTH, HUMAN RESOURCES, AND SENIOR CITIZENS Conunittee

reports as follows: Many housing programs, even in the gay community, refuse to serve persons with AIDS. Barbara Zeidman of the City's Rent Stabilization Division testified that employees in that Division inform landlords that AIDS is not a cause for eviction of tenants. She pointed out that the number of calls and complaints concerning this issue has increased and that so far there have been nine complaints concerning evictions of persons with AIDS. In the two cases which went to court, she explained that the tenants were too ill to continue with the process. Other testimony suggested that landlords are often under tremendous pressure from other tenants to evict a person with AIDS who resides in an apartment complex. AIDS Project/Los Angeles has had extreme difficulty in locating hotel accommodations for persons with AIDS because few hotels will accept these people. In the field of health care, your Committee was informed that some health care workers have refused to take care of AIDS patients. There are no nursing homes and no hospices available locally for persons with AIDS. Ambulance companies have refused to transport AIDS patients. Very few dentists will treat AIDS patients, and those who treat them do not wish to be identified because they fear they will lose other patients. Many psychiatric facilities will not admit persons with AIDS. One of the consequences of the expanding health crisis is the increased incidence nationally of discrimination in a variety of fields including housing, employment, public services, business practices, etc. Although the City of Los Angeles currently prohibits discrimination in these fields based upon sexual orientation, new legislation is necessary because AIDS is not just a gay disease. About one-quarter of the persons with AIDS in the U.S. are not gay. Because people with AIDS often are not able physically or emotionally to challenge acts of discrimination through the legal system, your Committee originally recommended that the ordinance contain criminal penalties which can be enforced by the City Attorney. The City Attorney's Office advised the Committee, however, that (1) it believed that the inclusion of criminal penalties was fundamentally unfair because discrimination against other classes of persons has not been subject to criminal File No. 85-0869 Sl

TO THE COUNCIL OF THE CITY OF LOS ANGELES

-4-

Your PUBLIC HEALTH, HUMAN RESOURCES, AND SENIOR CITIZENS Committee reports as follows: prosecution and (2) it believed that prosecution would not result in a reasonable likelihood of conviction. Councilman Wachs argued strongly for the imposition of criminal penalties on the basis that the AIDS situation is one which is unique. He explained that criminal penalties were not written into other antidiscrimination ordinances because of the cost factor involved in prosecting. Your Committee, following the recommendation of the City Attorney, unanimously recommended that the final ordinance contain provision for civil damages and injunctive relief but no criminal penalties. In the area of employment discrimination, the City Attorney's Office advised that it believed that the state had preempted the field and recommended that City avoid legislating in this field. The Committee was persuaded by Councilman Wachs' reasoning that the AIDS situation is unique, that the determination of preemption is based upon the particular factual situation litigated, that the City at least has the ability to regulate employment conditions for its own employees, and that because of the severability clause the remainder of the ordinance would not be jeopardized even if a court made the determination that the employment field is preempted. Notwithstanding the City Attorney's concerns, your Committee has recommended that the ordinance prohibit discrimination in the area of employment. The ordinance we are recommending will prohibit discrimination directed against persons with AIDS or AIDS related conditions in the areas of employment, housing, medical and dental services, business establishments, city facilities, city services and other public accomodations. There are exceptions in the ordinance for employment discrimination based upon a bona fide occupational qualification, and for discrimination in housing when the owner or any member of his/her family occupies the same living unit in common with the prospective tenant. Service facilities or establishments, such as blood banks and sperm banks, which engage in the exchange of products containing elements of blood or sperm, are also specifically exempt. File No. 85-0869 Sl

TO THE COUNCIL OF THE CITY OF LOS ANGELES

-5-

Youi'"' PUBLIC HEALTH, HUMAN RESOURCES, AND SENIOR CITIZENS Committee

reports as follows:

Your Committee agrees with the opinion cogently expressed by Dr. Shirley Fannin that the sick person should not be at the mercy of people's ignorance or irrational fears. Recognizing that the existing situation is one which is so extreme and so important that action is necessary immediately, we recommend that this ordinance be adopted and that it become effective as an urgency measure.

Respectfully submitted,

PUBLIC HEALTH, HUMAN RESOURCES AND SENIOR CITIZENS COMMITTEE

LRM 8/13/85 w!ldtil· . rut ~U!jJ/J~oz/.e«L

AUG 14 1985

LOS ANGElES, CITY COUNCIL, DRAFT COpy FOR D!SCUSSiON ORDINANCE NO. PURPOSES ONLY

An ordinance prohibiting discrimination in employment, housing, medical and dental services, business establishments, city facilities, city services and other pUblic accomodations on the basis of the fact that the person discriminated against has the medical condition Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto.

THE PEOPLE OF THE CITY OF LOS ANGELES

DO ORDAIN AS FOLLOWS

Section I. Chapter III of the Los Angeles Municipal Code is hereby amended by adding Article 5.8 thereto to read as follows:

ARTICLE 5.8

PROHIBITION AGAINST DISCRIMINATION BASED

ON A PERSON SUFFERING FROM THE MEDICAL

CONDITION AIDS, OR ANY MEDICAL SIGNS OR

SYMPTOMS RELATED THERETO, OR ANY PERCEPTION

THAT A PERSON IS SUFFERING FROM THE MEDICAL

CONDITION AIDS WHETHER REAL OR IMAGINARY

SEC. 45.80. STATEMENT OF POLICY:

After public hearings and receipt of testimony, the City

Council finds and declares:

- 1 - That the medical condition described as Acquired Immune

Deficiency Syndrome and commonly known as AIDS is a deadly disease which has the potential to affect every segment of our City's population.

That AIDS was first recognized in 1981 by the Federal

Center for Disease Control based on the study of a pattern of unusual illnesses among young, single men reported by the medical center associated with UCLA within our City.

That AIDS in the opinion of the scientific and medical community is caused by a virus, known as HTLV-III or LAV, which attacks and cripples the body's immune system, thereby leaving the body vulnerable to opportunistic infections.

That a person afflicted with AIDS suffers a variety of virus and/or fungus-caused illnesses which debilitate the body resulting in a high mortality rate within three years after diagnosis.

That the spread of the virus has occurred through the exchange of bodily fluids, i.e. blood, blood by-products, or semen, between individuals.

That no evidence exists to indicate the spread of the virus by casual contact.

That medical studies of family groups in which one or more persons have been diagnosed with AIDS show no spread of the virus other than through sexual intimacy or through the exchange of blood

(mother to fetus).

- 2 - That the virus can thrive only in favorable conditions, and cannot exist for a significant period of time outside the body, and can be protected against by the application of regular practices of hygiene, such as the use of chlorine in swimming pools or spas and the use of household bleach when washing garments or cleaning contaminated surfaces.

That the public health danger represented by the virus and its subsequent manifestation as AIDS is caused by the lengthy incubation period during which period an apparently healthy individual may spread the disease to other persons through the exchange of blood, blood by-products, or semen.

That AIDS while recognized as a national public health emergency has been concentrated in urban areas with our city representing the third highest number of cases reported within a local pUblic health jurisdiction.

That AIDS in the opinion of the scientific and medical community will continue to increase at a high rate within our city for the foreseeable future.

That AIDS by its nature has created a discrete and insular minority of our citizens who are afflicted with a seriously disabling condition whose ultimate outcome is fatal.

That the persons afflicted with AIDS represent a segment of our population particularly victimized due to the nature of the disease and to the present climate of misinformation, ignorance and fear in the general population.

That discrimination against victims of AIDS and AIDS related conditions exists in the City of Los Angeles;

- 3 - That persons with AIDS or AIDS related conditions are faced with discrimination in employment, housing, medical and dental services, business establishments, city facilities, city services and other public accomodations;

That such discrimination cuts across all racial, ethnic and economic lines;

That such discrimination poses a substantial threat to the health, safety and welfare of the community

That existing state and federal restraints on such arbitrary discrimination are inadequate to meet the particular problems of this City.

SEC. 45.81. DEFINITIONS:

The following words and phrases, whenever used in this

Article, shall be construed as defined in this section

A. AIDS: shall mean the disease complex which occurs when an important part of the human immune system is destroyed by the action of a virus known as HTLV-III or LAV. Signs and symptoms of this disease complex are manifested in the afflicted person by a series of virus or fungus-caused illnesses of a chronic nature.

B. Condition related thereto: Shall mean any perception that a person is sUffering from the medical condition AIDS whether real or imaginary.

- 4 - C. Business Establishment: shall mean any entity, however organized, which furnishes goods or services to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements: (a) consist only of payment of fees; (b) consist of requirements under which a substanital portion of the residents of this City could qualify.

D. Employer: Shall mean every person, including any public service corporation and the legal representative of any deceased employer which has any natural person in service.

E. Housing Services: Shall mean services connected with the use or occupancy of a rental unit including but not limited to, utilities (including light, heat, water and telephone), ordinary repairs or replacement, and maintenance, including painting. This term shall also include the provision or elevator service, laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse removal, furnishings, food service, parking and any other benefits, privileges or facilities.

F. Rent: Shall mean the consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a rental unit, including but not limited to monies demanded or paid for the following: meals where required by the landlord as a condition of the tenancy; parking; furnishings; other housing services of any kind; subletting; or security deposits.

- 5 - G. Rental Units: Shall mean all dwelling units, efficiency dwelling units, guest rooms, and suites in the City of

Los Angeles, as defined in Section 12.03 of this Code, rented or offered for rent for living or dwelling purposes, the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities.

This term shall not include:

1. Housing accomodations which a government unit, agency

or authority owns, operates, or manages, and which are

specifically exempted from municipal regulation by state

or federal law or administrative regulation.

H. Person: Shall mean any natural person, firm, corporation, partnership or other organization, association or group of persons however organized.

SEC. 45.82. EMPLOYMENT:

A. Unlawful Employment Practices.

It shall be an unlawful employment practice for any employer, employment agency or labor organization or any agent or employee thereof to do or attempt to do any of the following:

1. Failor refuse to hire, or to discharge any person, or otherwise to discriminate against any person with respect to compensation, terms, conditions or privileges of employment on the basis (in whole or in part) of the fact that such person has from the medical condition AIDS or any condition related thereto.

- 6 - 2. Limit, segregate or classify employees or applicants for employment in any manner which would deprive or tend to deprive any person of employment opportunities, or adversely affect his or her employment status on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.

3. Failor refuse to refer for employment any person, or otherwise to discriminate against any person on the basis (in whole or in part) of the fact that such person has the medical condition

AIDS or any condition related thereto.

4. Failor refuse to include in its membership or to otherwise discriminate against any person; or to limit, segregate or classify its membership; or to classify or fail or refuse to refer for employment any person in any way which would deprive or tend to deprive such person of employment opportunities, or otherwise adversely affect her or his status as an employee or as an applicant for employment on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.

5. Discriminate against any person in admission to, or employment in, any program established to provide apprenticeship or other training or retaining, including any on-the-job training program on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.

- 7 - B. Bonafide Occupational Qualification not Prohibited;

Burden of Proof.

1. Bona Fide Occupational Qualification. Nothing

contained in this Section shall be deemed to prohibit

selection, rejection or dismissal based upon a bona

fide occupational qualification.

2. Burden of Proof. In any action brought under this

article, if a party asserts that an otherwise unlawful

discriminatory practice is justified as a bona fide

occupational qualification, that party shall have the

burden

of proving: (1) that the discrimination is in fact a

necessary result of a bona fide occupational

qualification; and (2) that there exists no less

discriminatory means of satisfying the occupational

qualification.

C. Exceptions.

1. It shall not be an unlawful discriminatory

practice for an employer to observe the conditions of

a bona fide employee benefit system, provided such

systems or plans are not a subterfuge to evade the

purposes of this Article; provided further that no

such system shall provide an excuse for failure to

hire any person.

- 8 - SEC. 45.83. RENTAL HOUSING A. Unlawful Rental Housing Practices. It shall be unlawful for any person having a housing accommodation for rent or lease, or any authorized agent or employee of such person to or attempt to do any of the following: 1. Refuse to rent or lease a rental unit, refuse to negotiate for the rental or lease of a rental unit, evict from a rental unit, or otherwise deny to or withhold a rental unit from any person on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto. 2. Rent or lease a rental unit on less favorable terms, conditions or privileges, or discriminate in the provision of housing services to any person on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any medical condition related thereto. 3. Represent to any person that a rental unit is not available for inspection, rental or lease when such rental unit is, in fact, available on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.

- 9 - 4. Make, print, publish, or cause to be made,

printed, or published any notice, statement, sign,

advertisement, application, or contract with regard to

a rental unit that indicates any preference,

limitation, or discrimination with respect to the fact

that a person has the medical condition AIDS or any

condition related thereto.

B. Exceptions.

1. Owner-occupied. Nothing in this Article shall be

construed to apply to the rental or leasing of any

housing unit in which the owner or lessor or any

member of his or her family occupies the same living

unit in common with the prospective tenant.

2. Effect on Other Laws. Nothing in this Article

shall be deemed to permit any rental or occupancy of

any dwelling unit or commerical space otherwise

prohibited by law.

3. Nothing in this Article shall override any just

cause for eviction set forth in the Rent Stablization

Ordinance. AIDS shall not constitute an unreasonable

health hazard under §15l.09 of the Rent Stablization

Ordinance.

- 10 - SEC. 45.84. BUSINESS ESTABLISHMENTS:

A. Unlawful Business Practice.

1. Business Practices Generally. It shall be an

unlawful business practice for any person to deny any

individual the full and equal enjoyment of the goods,

services, facilities, privileges, advantages and

accomodations of any business establishment including,

but not limited to, medical, dental, health care and

convalescent services of any kind whatsoever, on the

basis (in whole or in part) of the fact that such

person has the medical condition AIDS or any condition

related thereto.

B. Exceptions. Nothing in this Article shall apply to

any blood bank, blood donation facility, sperm bank,

sperm donation facility, organ donation facility,

surrogate mother or surrogate mother facility, or to

any like service facility or establishment engaged in

the exchange of products containing elements of blood

or sperm.

SEC. 45.85. CITY FACILITIES AND SERVICES:

A. Unlawful Service and Facility Practices.

It shall be an unlawful practice for any person to

deny any person the full and equal enjoyment of, or to

impose different terms and conditions on the availability of any of the following:

- 11 - 1. Use of any City facility or City service on the basis (in whole or in part) of the fact that such

person has the medical condition AIDS or any condition related thereto. 2. Any service, program or facility wholly or partially funded or otherwise supported by the City of Los Angeles, on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto. This sUbsection shall not apply to any facility, service or program which does not receive any assistance from the City of Los Angeles which is not provided to the public generally.

SEC. 45.86. EDUCATIONAL INSTITUTIONS: A. Unlawful Educational Practices. It shall be an unlawful educational practice for any person to do any of the following: 1. To deny admission, or to impose different terms or conditions on admission, on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto. 2. To deny any individual the full and equal enjoyment of, or to impose different terms or conditions upon the availability of, any facility owned or operated by or any service or program offered

by an educational institution on the basis (in whole or in part) of the fact that such person has the

- 12 - medical condition AIDS or any condition related

thereto.

B. Exceptions.

It shall not be an unlawful discriminatory practice

for a religious or denominational institution to limit

admission, or give other preference to applicants of

the same religion.

SEC. 45.87. ADVERTISING:

It shall be unlawful for any person to make, print, publish, advertise or disseminate in any way any notice, statement or advertisement with respect to any of the acts mentioned inthis

Article, which indicates an intent to engage in any unlawful practice as set forth in this Article.

SEC. 45.88. SUBTERFUGE:

It shall be an unlawful discriminatory practice to do any of the acts mentioned in this Article for any reason which would not have been asserted, wholly or partially, but for the fact that the person against whom such assertions are made has the medical condition AIDS or any condition related thereto.

SEC. 45.89. LIABILITY:

Any person who vilates any of the provisions of this

Article or who aids in the violation of any provisions of this

Article shall be liable for, and the court shall award to the

- 13 - individual whose rights are violated, actual damages, costs, attorney's fees, and not less than [ but not more than ] in addition thereto. In addition, the court may award punitive damages in a proper case.

SEC. 45.90. ENFORCEMENT:

A. Civil Action.

Any aggrieved person may enforce the provisions of this Article by means of a civil action.

B. Injunction.

1. Any person who commits, or proposes to commit, an

act in violation of this Article may be enjoined

therefrom by an court of competent jurisdication.

2. Action for Injunction under this subsection may be

brought by any aggrieved person, by the City Attorney,

or by any person or entity which will fairly and

adequately represent the interests of the protected

class.

C. Misdemeanor

1. Any person who commits, or proposes to commit an

act in violation of this Article is guilty of a

misdemeanor.

D. Non Exclusive

1. Nothing in this Article shall preclude any

aggrieved person from seeking any other remedy

provided by law.

- 14 - SEC. 45.91. LIMITATION ON ACTION:

Actions under this Article must be filed within one year of the alleged discriminatory acts.

SEC. 45.92. SEVERABILITY

If any part or provision of this Article or the application thereof to any person or circumstance, is held invalid, the remainder of the Article, including the application of such part or provision to other persons or circumstances, shall not be effected thereby and shall continue in full force and effect. To this end, provisions of this Article are severable.

SEC. 45.93. EXCEPTIONS:

A. No part of this Article shall apply to any bona fide religious organization.

B. No part of this Article shall apply where a course of conduct is pursued which is necessary to protect the health or safety of the general public.

1. Burden of Proof. In any action brought under this

Article, if a party asserts that an otherwise unlawful

discriminatory practice is justified as necessary to

protect the health or safety of the general public, that

party shall have the burden of proving; (1) that the

discrimination is is fact a necessary result of a

necessary course of conduct pursued to protect the health or safety of the general public; and (2) that there exists

no less discriminatory means of satisfying the necessary

protection of the health or safety of the general public.

- 15 - SEC. 2. URGENCY CLAUSE

The City Council finds and declares that this ordinance is required for the immediate protection of the public peace, health and safety for the following reasons: This ordinance will prevent unlawful discrimination against persons with AIDS or AIDS related conditions in employment, housing, business establishments and other pUblic accomodations. Such discrimination has denied these persons the right to maintain lawful employment, enjoy sanitary housing conditions, seek medical, dental, convalescent and other business services, and have equal access to public accomodations, thereby creating conditions inimical to the public health and safety. Therefore, this ordinance shall become effective upon publication pursuant to Section 281 of the Los Angeles City Charter.

SEC. 3. The City Clerk shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeles.

- 16 - ("lTY OF Los· ANGELE$"

CALIFORNIA OFFICE OF ELIAS MARTINEZ CITY CLERK CITY CLERK

ROOM 395, CITY HALL LOS ANGELES, CA 90012 485·5705

WHEN MAKING INQUIRIES RELATIVE TO. :r~I~ .. tvtATTER. REFER TO FILE· NO·,

"." TOM BRADLEY 85-0869 ' MAYOR 85-0869 Sl (Files Transmitted) .

July 25, 1985

Office of the City Attorney Room 1800, City Hall East

At its regular meetings on July 23, 1985, the Public Health, Human·Resources and Senior Citizens Committee considered Council Files 85-0869 and 85-0869 81 dealing with the Acquired Immune. Deficiency Syndrome (AIDS) health crisis in the City. At this meeting and at the meeting of June 19, 1985, the Committee heard extensive testimony about the discrimination directed toward the victims of AIDS and the inadequacy of existing legislation to combat this discrimination.

The Committee instructed the Office of the City Attorney to draft an 'ordinance which would provide both civil and criminal penalties against those who discriminate against persons with AIDS or AIDS related conditions in the fields of housing, employment (including hiring, ,.firing,and working conditions), business establishments, public facilities, public services, etc.

In view of the urgency of this situation, the Committee requested that this draft ordinance be presented to it at the earliest. possible time. Since it is the Committee's intent to consider this matter again at its regular meeting of August 13, 1985, it is requested that the draft ordinance be transmitted before that date.

Respectfully yours, .~Ct!rnetJ-- Larry R. 'McIndoo Legislative Assistant Public Health, Human Resources and Senior Citizens Committee

cc: Councilman Ernani Bernardi Councilman Joel Wachs

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER L~Los ANGELJs ELI AS M A JIF''''=:==:=S=== CITY CL.- f" rLiFORNIA I c Roc« LOS .P"'-===----_

M BRADLEY MAYOR

....::::r- -c=z~ ~ 21 1 . !

aJ HupURCES AND SENIOR CITIZENS COMMI-·---- ! I· r I ! I I .At -I:=::.-h~ rne~ Of/uncil held June 21, 1985, the

a..t:. t C3!:l.c:::::::::E-::L~ d ~n (JnYder) was referred to the PUBLI I I HE.A.r.....'r:'I-L ,. IIU~RESd AND SEI;UOR CITIZENS COMHITTEE. I ~ ~ C- - -e-- ...... l I

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'" (I ITY· OF Los ANGEL...LS CALIFORNIA ELIAS MARTINEZ OFFICE OF CITY CLERK CITY CLERK

ROOM 395, CITY HALL· LOS ANGELES, CA 90012 485-5705 WHEN MAKING INQUIRIES RELATIVE TO THiS MATTER, REFER TO FILE NO. \ , TOM BRADLEY 85-0869-S1 MAYOR

June 21, 1985

~BLIC HEALTH, HU~ffiN RESOURCES AND SENIOR CITIZENS COMMITTEE

At the meeting of the Council held June 21, 1985, the

attached Motion (Wachs-Snyder) was referred to the PUBLIC

HEALTH, HUMAN RESOURCES AND SE~IOR CITIZENS CO~1ITTEE. t:~~~

City Clerk

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..

•

AN J;':QUAL EMPLOYMENT OPPORTUNITY - AF·FIPMATIV":: ACTION EMPLOYER MOT ION ~

Whereas, AIDS is a deadly disease which has rea~hed \ , epidemic proportions affecting virtually every segment ,of our City's population,

Whereas there is no scientific evidence that AIDS can be contracted through casual contact with an individual who has this disease,

Whereas, persons with AIDS must not only cope with the debilitating aspects of the disease but also ignorance, 'fear and bigotry which has surrounded the growing AIDS crises, ~

Whereas, persons with AIDS or AIDS related conditions are constantly faced with discrimination in rental housing, employment, business establishments, city facilities, city services and public accomodations,

Whereas, it is commOn for a person's with AIDS to be evicted from their apartment, denied basic service and refused needed treatment without a rational basis for refusing this service, -

Whereas, existing federal, state and local laws are inadequate in addressing discriminatory practices occuring in the City,

Therefore, I move that the City Attorney prepare a comprehensive ordinance as quickly as possible which prohibits discrimination against persons with AIDS in rental housing, employment, business establishments, city facilities, city services and public accomodations,

I further move that such ordinance provide for criminal misdemeanor and civil penalties, and that the City Attorney be given the specific authority to prosecute any individual, business or other organization guilty of such discriminatory' practices . ..

Mo t i on by:---:0::---=--=-.,..---:::----;-:,------­ Joel Wachs, Councilman Second District

Seconded by: -=-~;----::::--=---:;-----=,-----:--::--- Arthur K. Snyder, Councilman Fourtee~th District

~, j. : :. ,. .'~ t 11 ~ \ 'i

i. ~ ':1,; J I( i /~'~ ~ ~ MOT ION

Whereas, AIDS is a deadly disease which has reached epidemic proportions affecting virtually every segment of our City's population,

Wher~as there is no scientific evidence that AIDS can be contracted through casual contact with an individual who has this disease,

Whereas, persons with AIDS must not only cope with the debilitating aspects of the .disease but also ignorance, fear and bigotry which has surrounded the growing AIDS crises,

Whereas, persons with AIDS or AIDS related conditions are constantly faced with discrimination in rental housing, employment, business establishments, city facilities, city services and public accomodations,

Whereas, it is common for a persons with AIDS to be evicted from their apartment, denied basic service and refused needed treatment without a rational basis for refusing this service, -

Whereas, existing federal, state and local laws are inadequate in addressing discriminatory practices occuring in the City,

Therefore, I move that the City Attorney prepare a comprehensive ordinance as quickly as possible which prohibits discrimination against persons with AIDS in rental housing, employment, business establishments, city facilities, city services and public accomodations,

I further move that such ordinance provide for criminal misdemeanor and civil penalties, and that the City Attorney be given the specific authority to prosecute any individual, business or other organization guilty of such discriminatory' practices.

Motion by: ~ Joel ~lman Secon District ! / /

Seconded by: -:=-I-'-:-:--~=---=:-+---r---=---'==-"l"":"'"-Arthur y er, Councilman Fourteenth District

g". JUN 211985 RES. and SR. CIT. I WI~1:i TO BE HEARD BEFORE THE CITY COYNCIL@ .

» ,,- Calendar Ite._. No. - FOR D _,GAINST D 0 0" ~ 0 ;:::0-< ~ m ~' .,0 SU BJ ECT .t'9..r.L:>S 0 r-- Ie n "J:> ; m~ (j "7 " -( ~ f? ';:; r:)~ ~#A(...2?¥ ~ s: <: NAME (Print)$&9Rt;/V If ~ m ::r.. ( Q Z C. -<. (U ;:::00 "T ., "'i v; ,0 ADDRESS P.14i.:5ut:#~t? (j) ,.. ~ 5dxW aSh/AlE· til -( tIl~ l' :l f) :::t;" 0 < ....."'j 0 -~ c c. f1l -) C z.. ~ ~~ ~~e~;I~,~~"nC'1 E;> ~ w .:;. of yO"' des"e to be ill "(. [\, ~g heard. Eight votes are necessary for the request to be approved. t- m;:::o ...,"'" -1 .. (Over) :::t:- ?; ff ~ !SO v:l ...... ;:::00 City Clerk Form No. 201 ~ c 2: (j) r ,. -r- \::I ~ » Ji Cf' z ~ I c 2 N I WI~H TO BE HEARD BEFORE THE CITY COPNCIL@ b 0 CIt ~ Cf1 -j -", I::-J "l::> Calendar Iteo.. No. FOR D_,GAINST D ...., ~ 0 '-:J \::> Z tI, v=> (jl l' SUBJECT A=/PS fltsh.. (J...e4..tJGnb-a fdut-elhoVi ~ -i 0 I'- () .)~CB J) -,) //1 if!: hUI//N " " -::JO~Vt .::t (" "r=~ NAME (Print) (YJov-!-ir'Y/(7V -!#If)S(/1JjUfLA r B - ...... ~ ~~ ADDRESS 7362.- 5Ci rJ ~ nih/Vi JUt t31vd~ mlA: ~ (' h J- flo,e1h-/) (/IIi D;ootjt NOTE: The President will inform the Council of your desire to be heard. Eight votes are necessary for the request to be approved. (Over) City Clerk Form No. 201

I WISH TO BE HEARD BEFORE THE CITY COUNCIL 6J Calendar Ite•.. No. -_-'- FOR D . ,GAINST D SUBJ ECT_+,8-L.·---,-I=D:......

NAME (Print) C/-I#1£/-;;:2 Lit?- 6/27"7- ADDRESS L/.? 3' tt ,/22/l??1J'11 tYt7".f /f--i/IZ 57f-F~0/"-;-1v/ ()Hc',) NOTE: The President will inform the S:ou~cil of your ~esire to b~ -1-

Item 1 CF 85-0869-S1 August 14, 1985

Following presentation of the Public Health, Human Resources and Senior

Citizens Committee report and recommendation, Mr. Bernardi was recognized and requested that staff from the involved City and County offices be seated at the center table.

Ms. Barbara Zeidman, Rent Stabilization Division of the Community

Development Department; Reginald A. Dunn, City Attorney's Office; Maureen

Siegel, City Attorney's Office; Peter Heseltine, M.D., LA County-USC

Medical Center; Neil Schram, M.D., LA City/County Aids Task Force; and

Shirley L. Fannin, M.D., Associate Director of Communicable Disease Control for Los Angeles County; were seated at the center table to answer questions and provide information to Councilmembers.

Mr. Bernardi stated that during the Committee hearings on the Aids issue, the Committee received testimony of widespread discrimination against those afflicted with the Aids disease. He cited several examples of discrimination, such as evictions from apartments, restaurants, schools, losing one's job and postal carriers refusing to deliver mail. He indicated that the primary thrust of the proposed ordinance is to allay the fears of the people in the community that AIDS cannot be transmitted through casual contact. He added that the ordinance provides civil penalties enabling the City to obtain an injunction within four hours. He further stated that the criminal sanctions had been deleted upon the advice of the City Attorney because such penalties might make it hard to obtain criminal convictions and could unnecessarily complicate the ordinance.

AUG141985 -2-

Mr. Wachs was recognized and stated the City has a long history of correcting injustices when they occur, and added that today the Council has an opportunity to set a standard for the nation. He stated that the proposed ordinance contains an urgency clause and would protect acquired immune deficiency syndrome sufferers against bias in housing, education, public accommodations, restaurants and employment. He indicated that

12,000 people in this nation have already been stricken with AIDS, and more than 1,000 of those live or have died in Los Angeles County.

Mr. Wachs further stated that AIDS victims are being singled out because of ignorance, fear and bigotry, and noted that half of the people with AIDS who file complaints die before their complaints are heard or investigated. He stated the purpose of the ordinance is to educate the public that AIDS, while contagious and almost always fatal, is not a disease spread by casual contact. He concluded his remarks by stating tha~ the ordinance is desperately needed and urged an "aye" vote.

Mr. Wachs then requested that Council hear the medical testimony on the

AIDS issue in order to be assured that adoption of the ordinance would still protect the general public's interest while still protecting the victims of discrimination.

Dr. Schram stressed that the AIDS virus can only be transmitted through sexual contact or through a mingling of blood or blood products. He reported that the disease destroys the immune system and leaves the body prey to various ailments. He further stated that discrimination does exist, and that the anti-discrimination ordinance would be a significant way of making it clear to people that the virus cannot be spread casually. -3-

He added that there is absolutely no medical reason why the ordinance should not be supported.

Dr. Fannin stated that the ordinance is needed as a means of educating the public and as a way of protecting people who are not able to protect themselves. She indicated that it is quite clear that there is a panic-type re~ction in the community to the AIDS disease, and that people are being victimized because of other people's fears. She further stated that she supported the concept of the ordinance and added that it would underscore the fact that people cannot transmit AIDS through casual contact.

Dr. Fannin also reported that there have been no known cases of other family members contracting AIDS from daily close contact other than through a sexual relationship. She stated that the virus infection is transmitted by infected sexual partners through exchange of body fluids, through equipment used to administer intravenous drugs of abuse, through contaminated blood and blood products, and from infected mothers to infants.

Following further testimony from Dr. Heseltine relative to reduction of medical costs through early detection of the AIDS virus, general commentary ensued on the subject.

Mr. Braude was recognized and stated that Council would be setting the moral tone on how AIDS victims should be treated. He added that there are sound medical reasons not to discriminate against people with AIDS, and urged approval of the ordinance. -4-

At this time, Councilmember Cunningham was excused and left the Council

Chamber.

Further discussion ensued on the subject, during which time several

Councilmembers expressed their support for the ordinance and posed questions to the medical representatives and City Attorney staff relative to the various forms of contracting the disease, risks involved in mouth to mouth resuscitation only under certain circumstances, mandatory reporting of the disease to public health authorities, unlawful activities prohibited by the provisions of the ordinance, specific exemptions to the ordinance, and procedures followed by the City Attorney's office in handling discriminatory AIDS complaints.

At this time, Councilmember Cunningham entered the Council Chamber and took his seat in the Council semi-circle.

At the conclusion of all commentary, the Public Health, Human Resources and Senior Citizens Committee report was adopted by the following vote:

Roll A (14-0).

Draft of the ordinance was then presented by the Clerk entitled,

"Amending Chapter III of the Los Angeles Municipal Code by adding Article

5.8 thereto prohibiting discrimination in employment, housing, medical and dental services, business establishments, city facilities, city services and other public accommodations on the basis of the fact that the person discriminated against has the medical condition Acquired Immune Deficiency

Syndrome (aids) or any condition related thereto." -5-

Mr. Wachs moved, seconded by Mr. Bernardi, that the ordinance be adopted.

Said ordinance was unanimously adopted by the following vote: Roll B

(14-0) •

Upon request and without objection, the President instructed the Clerk to transmit said ordinance to the Mayor forthwith.

Thereafter, the President instructed the Clerk to proceed with the next order of business. " ",:;l~::; ;,... • / ~ / court\. ITEM NO. ~r I

PERSONS SEATED AT CENTER TABLE TO ANSWER QUESTIONS AND PROVIDE INFORMATION TO COUNCIL MEMBERS

NAME TITLE ORGANIZATION

1. Net I rt(Il~" e:A c,tS-k ".. tV? ~r . ~J'.I-~lll:« 1Is",jf:, /),"4 2. ..SJ/4/Pj j.. MIIIlII.ilIlIIlP MIf) 4PGtt~1 -'-£fa. {)eAli 0 (lIuIM.Lss pl4JJk, IIIe r . 3. ~(}II~ Z~drnWl\ a.A.A· L.A. (.w- ~+&b. DU

4. J?eqIJlll'h.-1l 4. rv 111'i'"' CIt{ ~~cG

5. ~ebo) ~:r.~~4tJ_ eA~~~

6. sre:tEr +\ E:S"t I,-h~E- fl'(f) , ./ 7. _

8. _

9. ------10. _ 1l. ------12. _

13. _

14. _ C"TY OF' Los ANGELES (CALIFORNIA" ELIAS MARTINEZ OFFICE OF CITY CLERK CITY CLERK

ROOM 39!5. CITY HALL LOS ANGELES. CA 90012 483-3703 WHEN MAiUNG INQUIRIES RELATIVE TO THIS MATTER. REFER' TO FILE NO. 85-0869-S1 TOM BRADLEY MAYOR

August 14, 1985

~*1 ~ity Departments All Counci1members

ORDINANCE PRHIBI'1'ING THE DISCRIMINATION OF PERSONS WITH AIDS IN EMPLOYMENT, HOUSING, ETC".

At the meeting of the Council held _ ...n~n~g,.llOlJ>,\"j.;t...... J.I.l:!4~ir--...JIoo90;l.j;e.5 ' the following action was taken:

Attached report adopted '••••• x " motion " •••••••••••••••••••••••••••••••••••••• ~ " reso,l·ution" 0 . Ordinance adopted " ' . X Motion adopted to approve attached report •••••••••••••••••••• """"" conununication •••••••••••••

To the Mayor for concurrence •••••••••••••••••••••.••••••••••• ,,,.-, . To the Mayor FORT":HWITH . x

MaY0J: concurred e- _ ••••' 0 •• ,0 .. Appoin1:Inent confirmed ' .. Appointee has taken the Oath of Office . Findings a,dopted . Negative Declaration adopted •••••••••••••••.••••••• Categor"ically exempt ••••••••• • •••••.••••••••.•••••••••• Generally ex~pt ...... •...... EIR certified . Tract map approved for filing with the County Recorder ••••• Parcel """" """ " ••••. Bond approved ••••• •••••••••••• •••••• •••••• Bond is No. of Contract ••.••••••••••••••• Resolution of acceptance of future street to be known as adopted ••••••.••• Agreement mentioned therein is/are No. of Contracts ......

City Clerk

mb AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER ~.. -... ,.-.~--

••. .H++t-H '. r34 :.3+++++-1:' :. :.; r+4+++ t+++{ +.,+++j++++++++++++++f++++++-H·; '.Ii:!... [LE BORROWED BRHUDE. ... BY FERPP:RO.. ------PIDJ~...... VE5 5N'lDER..... ~:~ACH5...... VES YES NO VAR05LAV5K'{ . it::, ~:U55ELL. ... '. !/E5 BERNSON.... . RBS ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~+++++++++++ . . ! /' BERNARDI ; I-----~---

_BRAUDE .•.. "~ •....\.:.,/_'_' +- _

_CUNN INGHAM ...... •f,o'./:.....'..... +- _ .++++ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ FARRELL J/,r I . BGENDH NO. i .NO: 0 fiBS: 1 08/14/85 :il ~'5 27 -. r-::.----.+-,---- BERNR~[}I liES BRAUDE. VE5 CUNNiNGHRM VES VE5 _FERRARO ..•...••• ..1."I!../_.,_~_-+ _ ERRRRG ';'ES FinN 'iES FLORES 'j";::S. UNDSR'i. ~';::5 I, \ FIC;J: lylES VE5 l~RGH5 VES !~oo lilES ~FINN .... .'. .. . -IhI~(!-lr ~ _

_~_ +++++++++++H:~++:;~~~+++++~;:'+;~;:~+;~++++t++++++++HIH+ ,_t::::::~::::::::· .i...:...'~-~-'-··--...,----

I ~PICUS I~i•..~"_·----+----- I I I ./ i L--SNYDER ~_'_· ~ _ OFF CALENDAR REFERRED TO 0 i I . I. {Below WACHS "1 •... ------'------i-I--'-----+----- I . I ~~ PUBLIC HEARING j---, ; WOO ,,t' TAKE OUT OF \------; L- ...... \-._--.,....._-+ _ ! ~ ORDER .," .~ i L--YAROSLAVSKY .... ,.. ... PREVIOUS 'WITHHOLq ! I' . 1/" QUESTION PRES. RUSSELL •... .---r-f--+---­ I I1-'- I TOTALS ! .----- COMMENTS: U. V .1 ' ADOPTED---J FAILED:=]

I, ROLL CALL NO. ------

FORTHWITH TO MAYOR

OVER 0 ."'----=..

',-.-.__ l't,~.~ [LE BORROWED 8RRUDE yES BY ----'-:-__ FE~~~~HRo. ... . VES FINN...... ,. VE5 FLDRE5 VE5 LIND5?{.. .. 1ft::: PiCUS !lE5 5NVDER', irES HACH5.. ",.. ,. !T'E5 ~:JOO l:. , VE5 YES NO

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ BERNARDI·········I~~_,_,·,· ~ __ I ""~_ ...--~ _~ ~ ,,~_ I I .-- "' _ :.u- .. ..-..:...,,_ - .. . -BERNSON": •••••••••1 -+- _

BRAUDE ..•...... ~~:r' 1~------1-----

_CUNNINGHAM ...... ••J..!..<';...... ",-"'"-.__-+ _

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ TINE: FARRELL .1/" AGENDR NO. :1 ND: 0 885: i 0&ii4/85 1i 2514 - , r. .... VE5 FERRARO '.l /_'. .,--__ - ~/iL ...... VE5 FINN...... r:-~------':....---- ... VE5 BERf'~50~~ .,... ABS ,- )'LORES ...... +++++++++1 ++++++++++++++++++++++++++++++++++++H++++++++++++++++++++++ r ~LINDSAY·········:I_~ ~ __

~PICUS ~,/~ ~ _ I " ~SNYDER ~~ -+ _ I OFF CALENDAR REFERRED TO I / ,(Below L-WACHS ~I/-,..··------t--- i 1//' TAKE OUT OF PUBLIC HEARING i, ! l--W,00••.•...... •.lr_~.I~~ ___ ORDER I, ~. _,_YAROSLAVS KY . • .. i->'-/----+---- PREVIOUS WITHHOLq ;" I' ,' 1/ QUESTION I ~PRES.RUSSELL .....__'_"'~~~ _

I I / i TOTALS ..... ~ ...... ~ .. COMMENTS: ~~ (!! !//c is FAILED:=J

FORTHWITH TO MAYOR

OVER CJ OFFICE OF CITY ATTORNEY CITY HALL EAST LOS ANGELES. CALIFORNIA 90012

R85 0713

JAMES K. HAHN REPORT NO. CITY ATTORNEY AUG 1L11985 REPORT-RE':

PROPOSED ORDINANCE PROHIBITING DISCRIMINATION BASED ON THE MEDICAL CONDITION AIDS

THE HONORABLE COUNCIL OF THE CITY OF LOS ANGELES Room 340, City Hall Los Angeles, California 90012

(Council Files Nos. 85-0869 and 85-0869, Sl, referred to)

Honorable Members:

Attached hereto please find a copy of the proposed ordinance drafted by our office pursuant to the instructions of the members of the Public Health, Human Resources and Senior Citizens Committee.

The proposed ordinance creates civil. remedies, including injunctive relief, for discrimination against victims of AIDS in the areas of employment, housing, business establishments and public accomodations or services.

The City Attorney approves the proposed ordinance, as it currently appears, as to form and legality•. However, we do so with reservations. As was indicated in our previously submitted report of August 13, 1985, to the Public Health, Human Resources and Senior Citizens Committee, we have significant legal concerns with regard to possible preemption of the employment provisions of the proposed ordinance.

Thank you for your consideration of this matter.

Very truly yours'll A ~k.~

6JES K. HAHN City Attorney JKH:sam Attachment OFFICE OF CITY ATTORNEY CITY HAL.L. EAST LOS ANGELES. CALIFORNIA 90012

71 ~ REPORT NO. o • ":1:.

JAMES K. HAHN CITY ATTORNEY AUG 1J 1~(J~ REPORT RE:

ANALYSIS OF PROPOSED ORDINANCE PROHIBITING DISCRIMINATION BASED ON THE MEDICAL CONDITION AIDS

The Honorable Public Health, Human Resources, and Senior Citizens Committee City Council, City of Los Angeles Room 395, City Hall

(Council File No. 85-0869 and 85-0869-Sl)

Honorable Members:

Pursuant to the instruction of your committee members this office has completed for submission a proposed draft of an ordinance on the above subject.

The proposed ordinance creates both civil remedies and criminal penalties for discrimination against victims of AIDS in the areas of employment, housing, business establishments and public accomodations or services.

Any discussion of the legality of the proposed ordinance must include mention of preemption obstacles to the enactment of municipal legislation in this area. Further, with regard to the imposition of criminal penalties for a violation of the proposed ordinance, as public prosecutors, we have ethical concerns which must be addressed.

1. Preemption

A. Housing, Business Establishments and Public Accomodations.

Arguably, the proposed ordinance is not preempted so far as it regulates in the areas of housing, business establishments, and public accomodations. The Honorable Public Health, Human Resources, and Seriior Citizens Committee Page 2

California does have state statutes prohibiting arbitrary discrimination in the fields of housing and business establishments. The Unruh Civil Rights Act, Civil Code §5l, et ~., prohibits discrimination in these areas on the basis o~sex, race, color, religion, ancestory, or national origin. Also Government Code §12920 declares that discrimination in housing accomodations on the basis of race, color, religion, sex, marital status, national origin, or ancestry is against public policy, while Government Code §12955 makes such practices unlawful. Nowhere in these statutes is it explicitly made unlawful to discriminate on the basis of a physical handicap or medical condition.

Case law has, however, specifically held that the state has not preempted the field in the area of housing. See San Jose Country Club Apartments v. County of Santa Clara (1982) 137 Cal.App.3d 948, 187 Cal.Rptr. 493. Note: San Jose County Club Apartments, supra, involved a county ordinance that provided for both civil and criminal penalties for acts of discrimination in housing. See also 40 Ops. Atty. Gen. 114, which declares that the state has not preempted the field of housing enforcement. While no case has held likewise in the area of discrimination in business establishments or public accomodations, since the state statutes regarding housing and business establishments are virtually identical, the same arguments can be made by analogy.

B. Employment

In the area of employment, the state has, apparently, preempted the field. "[T]he Fair Employment Practice Act [previously] (Labor Code §§1410-l432) covers almost the entire spectrum of public and private employment and provides an elaborate regulatory scheme." 40 Ops. Atty. Gen. 114, 118. Government Code §§12920 and 12940 make it unlawful to discriminate in employment on the basis of a physical handicap or medical condition. The Los Angeles Office of the Fair Employment and Housing Commission has taken cases of alleged discrimination due to AIDS under §12940 as a "physical handicap." Apparently, under that section, "medical condition" is limited to cured cancer.

Further, Alioto's Fish Co. v. Human Rights Comn. of San Francisco (1981) 120 Cal.App.3d 594, 179 Cal.Rptr. 763, stands for the proposition that the state has preempted the field of employment discrimination. See also Rolon v. Kulwazky (1984) 153 Cal.App.3d 289. The Honorable Public Health, Human Resources, and Senior Citizens Committee Page 3

Although the preceeding arguments appear fairly dispositive of this issue, there is no general test for whether a particular field is occupied or not. Whether the state intends to fully occupy a field depends upon the particular facts and circumstances surrounding the statute. "Decisional law furnishes no precise test of implicit state preemption of a legislative field by the enactment of a comprehensive statutory scheme." Gluck v. County of Los Angeles (1979) 93 C.A. 3d 121, 131. Such decisions are therefore made on a case by case basis. Where there is shown a significant local interest to be served which may differ from one locale to another, then there is a presumption favoring the validity of a local ordinance against an attack of state preemption. See e.g. Galvan v. Superior Court (1969) 70 Cal. 2d 851 862-4; Eckl v. Davis (1975) 51 Cal. App. 3d 831; and Gluck v. County of Los Angeles, supra. Given this general finding, factual statements contained in the Statement of Policy prefacing the ordinance which set forth the significant and differential impact of this problem on local residents would be helpful in defeating a state preemption argument.

In light of the foregoing however, in our professional opinion, attempts to overcome any state preemption challenge would be unsuccessful and the employment provisions of this ordinance would almost certainly fail.

2. Criminal Penalties

As public prosecutors, we have a duty to exercise sound discretion in furthering the effective administration of criminal justice. "Such discretion exercised in good faith authorizes the prosecuting officer to personally determine ••• that a certain plan of action or a certain policy of enforcement will be best productive of law enforcement, and will best result in general law observance." State ex reI. McKittriek v. Wallach (1944) 182 S.W. 2d 313, 319.

Where a prosecutor is not satisfied that there is a reasonable likelihood of conviction; i.e., that a reasonable and objective fact-finder would convict the accused, then no prosecution should be commenced. See ABA Standards for Criminal Justice Standard 3-3.9 (2d Ed. 1980). Uniform Crime Charging Standards, California District Attorneys Association. See also American Bar Association Model Code of Professional Responsibility, Ethical Considerations EC 7-13. The Honorable Public Health, Human Resources, and Senior Citizens Committee Page 4

Here, our Office feels strongly that a policy of pursuing criminal penalties for acts of discrimination in this area will result in fundamental unfairness, will not result in general law observance, and most certainly will not produce a reasonable likelihood of conviction.

The City Council has, in the past, made discrimination against individuals based on sexual preference, age and student status unlawful. No criminal penalties were attached to these violations. The proposed ordinance targets a similar violator, i.e. one who discriminates against a particular class, but this time criminal penalties are contemplated. This results in similar classes of persons receiving differential treatment. This is fundamentally unfair, in essense resulting in a lack of equal protection. The equal protection mandate of the United States Constitution has long been recognized as a limit on prosecutorial discretion. See Yick Wo v. Hopkins (1886) 118 U.S. 356.

Further, given the current state of lack of public awareness on this subject, it is our belief that jurors will identify not with the victims, but rather with the perpetrators of the unlawful acts. There is the danger that the threat of prosecution will breed panic, not compliance with the law. Clearly, supporters of this ordinance have displayed the very meritorious intention of seeking to educate the public and reduce the fear and paranoia associated with the subject of AIDS. Nonetheless, we feel strongly that the criminalization of these provisions will tend to create the opposite effect.

It is also important to note that the delays inherent in criminal proceedings often far exceed those in civil injunctive proceedings. Where injunctive remedies are made available, relief can be virtually immediate.

For the above stated reasons, in our professional opinion, the addition of criminal penalties to the proposed ordinance does not represent the most effective means of eliminating discrimination in this area.

Conclusions and Recommendations

Based on the foregoing discussion, we recommend that you utilize this opportunity to act in the most effective manner possible: The Honorable Public Health, Human Resources, and Senior Citizens Committee Page 5

1. Do not attempt to legislate in the area of employment discrimination. The defensibility of the ordinance in this area is extremely questionable given the existence of extensive state regulations.

2. Eliminate the criminal provisions of this ordinance. The injunction mechanism and civil penalties will still allow for adequate enforcement efforts as they have done in other areas of arbitrary discrimination.

3. Utilize the housing, business establishment and public accomodation aspects of this ordinance to educate the public with regard to both legitimate and illegitimate fears as well as to protect them from unreasonable risks of harm.

Respectfully submitted,

JAMES K. HAHN, City Attorney

/ "'J /) By d,!>~bt4J:.tlt/ . 4'1d~ REGINALD A. DUNN Chief of Criminal Operations

By'7llfLUI'l1.1A'V R. J!JLfJ a Ll~ MAUREEN R. SIEG;L--ar - -- Deputy City Attorney

RAD:MRS:pr (213) 485-3321 I.",

/v\".~

CRIMINAL BRANCH OFFICES EXECUTIVE OFFICE '1800 CITY HALL EAST LOS ANGELES 90012 429 E. BAUCHET STREET (213) 485-S408 LOS ANGELES 90012 ®ffin~ QIit~ J\ttornc~ (213) 485-6681 of tfre CRIMINAL BRANCH (213) 485-5470 1 945 S. HILL STREET LOS ANGELES 90007 'lUos J\nge1cs, @aliforuiu (213) 485-2828 CIVIL BRANCH (213) 485-6370

638 S. BEACON STREET SAN PEDRO 907 1 1 AIRPORT DIVISION (213) 548-7633 'iapi~ ONE WORLD WA Y v j'u'r"l~ 1- -I_ ."\o,I.,JV LOS ANGELES 90009 (213) 646-3260 14410 SYLVAN STRE1J., n .• . ~ II'~ ~ VANNUYS91401:r"~ ~'G.YJ.t. lall~ lIli;

REPORT RE:

DRAFT ORDINANCE TO AMEND THE AIDS ANTI-DISCRIMIN~TION ORDINANCE

The Honorable City Council of the City of Los Angeles Room 395, City Hall Los Angeles, California 90012

Re: Council File No. 85-0869/and 85-0869-S1 (Transmitted HerewITFi)

Honorable Members:

Pursuant to your instruction of February 25, 1986, this office has prepared the attached proposed draft of an ordinance on the above subject. The city's Aids Anti-Discrimination Ordinance provides that it does not apply "where a course of conduct is pursued which is necessary to protect the health or safety of the general public." Los Angeles Municipal Code §45.93(B). The proposed ordinance provides that such standard is met by a practice which is consistent with November, 1985 guidelines issued by the United States Department of Health and Human Services.

Very truly yours,

.JAMES K. HAHN, City Attorney orO­ ~;;:?~ By 0 ADOPTED FREDERICK N. MERKIN t· Senior Assistant City Attorney 'JUN OA~:i98E FNlVl/km X5446l lDS 'ANGELES CITY. COUNCIL, Enclosure o~b1f'11o/3 t(I) tf}/Ltl. N\ \-,lTY OF Los ANGELEG CALIFORNIA OFFICE OF ELIAS MARTINEZ CITY CLERK CITY CLERK

ROOM 395, CITY HALL LOS ANGELES, CA 90012 485·5705

WHEN MAKING INQUIRIES RELATIVE TO THIS MATTER, REFER TO FILE NO. 85-0869-S1 TOM BRADLEY MAYOR FEB 281986 February 25, 1986

Honorable Tom Bradley, Mayor Public Health Programs City Attorney (with file) Department of Health Services 313 No. Figueroa Street, Rrn. 924 American Civil Liberities Union Los Angeles, CA 90012 633 Shatto Place Atten: Martin D. Finn, M.D. Los Angeles, CA 90005

RE: ORDINANCE BE PREPARED TO AMEND THE AIDS ANTI-DISCRIMINATION ORDINANCE NO. 160,289

At the meeting of the Council held February 25, 1986, the following action was taken:

Attached report adopted...... X " motion "( ) •••..••••••------" resolution "( ) ..••••••...------Ordinance adopted 0 ••••••••••••••••••••••• 0 ••••• 0 •• 0 _ Motion adopted to approve attached report.•..•••• o•..•••••• """" "communication.•.•••• o.••------To the Mayor for concurrence.oo .•.•• o••••••• o•••• o.o ••••.••------To the Mayor FORTHWITH ••.••••..•••.••••••..••• o•••• oo ••.•••------_

Mayor concurred 0 ••••••••••••••••••••••••••• Appointment confirmed ------_ Appointee has/has not taken the Oath of Office ••••• o•••.• o. _ Findings adopted D •••••••••••••••••• 0 ••••• 0 •••••••••------Negative Declaration adopted. o....•.••.•..••••.•..•.•••...• _ Categorically exempt _

Generally exempt 0 ••••••••••••••••••• 0 •••••••••••••••• 0 _ EIR certified _ Tract map approved for filing with the County Recorder •.• 0' __

Parcel map approved for filing with the County Recorder. 0" __

Bond approved DO •••••••••• 0 •• 0 • 0 • 0 _ Bond is No. of Contract•.•••••••• Resolution of acceptance of future street to be known as ------

-=- --:-__-,...... --_-:;--:-;-__...... ---._-;--_--:-:::--- adopted••••• 0 • _ Agreement mentioned therein is/are No. f'L V\r\,.~~ of Contracts ----

City Clerk ----~

jj

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER I,) PJ-/l~CE -1- \ .FILES Item 6 -==.''''~~~..~_.--~ ...... - - CF 85-0869-S1 OS;PUTY, February 25, 1986

Following presentation of the Public Health, Human Resources and

Senior Citizens Committee report and recommendation, Mr. Bernardi was recognized and briefly explained the need to incorporate additional guidelines into the City's AIDS Anti-Discrimination Ordinance. He indicated that the r~quested amendment would be consistent with subsequently adopted Federal Health and Human Services Guidelines, and would not prohibit the Council from later adopting further amendments as the need arises.

At this time, Councilmembers Bernson and Lindsay were excused and left the Council Chamber.

Mr. Wachs was recognized and also spoke in support of the Committee recommendations. He indicated that the proposed amendments strengthen and reaffirm the fundamental principles underlying Council's ordinance adopted several months ago which states that there is absolutely no medical reason to discharge an employee because of AIDS, who otherwise is capable of performing his/her job. He added that there is no risk of transmitting the disease to any other co-worker or member of the public, and that the

Federal guidelines represent the most rational way of dispelling hysteria while at the same time legitimately protecting the public's interest.

fEB ~; d' '1986 -2-

Thereafter, the Public Health, Human Resources and Senior Citizens

Committee report was adopted by the following vote: Roll (12-0).

The President then instructed the Clerk to proceed with the next order of business. FEB 1 9 1986

/ File No. 85-0869-S1

TO THE COUNCIL OF THE CITY OF LOS ANGELES

-1-

Your PUBLIC HEALTH, HUMAN RESOURCES AND SENIOR CITIZENS Committee reports as follows:

RECOMMENDATION

As recommended by the Mayor, that an ordinance be prepared to amend the AIDS Anti-Discrimination Ordinance No. 160289 adopted by Council on August 14, 1985, to incorporate as part of the ordinance the AIDS prevention guidelines announced in November 1985 by the Department of Health and Human Services, by adding Subpoint (2) to Section 45.93(B), as follows:

2. Compliance With Department of Health and Human Services Guidelines: Within the meaning of this Section, a practice is deemed necessary to protect the health or safety of the general public if that practice is consistent with the Department of Health and Human Services guidelines entitled "Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy­ Associated Virus in the Workplace" announced in November 1985.

SUMMARY

On January 28, 1986, the Public Health, Human Resources and Senior Citizens Committee considered the Mayor's communication requesting an amendment to the AIDS Anti-Discrimination Ordinance by incorporating as part of the Ordinance the AIDS prevention guidelines adopted by the Department of Health and Human Services in November 1985.

Deputy Mayor, Tom Houston, explained that at the time the Council adopted the AIDS Ordinance, the subject guidelines were not developed. Since the publication of these guidelines, they have won widespread praise from all segments of the American public health community. He further explained that these guideline_s----/ deal in a forthright and reasonable manner with the two greatest areas of concern to the general public: any possible transmission of AIDS by food service workers and by health service workers.

Initially the Mayor had requested an amendment to permit employers to defend employment decisions which, under the Department of Health and Human Services guidelines were necessary for public health reasons. If amended in this way, the AIDS Anti-Discrimination Ordinance would properly deal with the rights of AIDS victims and involving public health concerns.

-continued- File No. 85-0869-Sl

TO THE COUNCIL OF THE CITY OF LOS ANGELES

-2-

Your PUBLIC HEALTH, HUMAN RESOURCES AND SENIOR CITIZENS Committee

reports as follows:

However, working with the AIDS Task Force and Councilman Wachs' staff, great concern was expressed that while the first guidelines were excellent, they really don't have the confidence in the future what guidelines might be adopted. Therefore, they suggested, and the Mayor concurred, that at this point, it would be advisable to adopt by reference the guidelines already in effect as of November 1985 and hold open the issue of what the City would want to do regarding future guidelines. In this way, the City would not delegate its authority to the federal agency to adopt its own regulations.

A representative of the American Civil Liberties Union spoke in support.

In view of the above, your Committee recommended approval of the proposal.

Respectfully submitted,

PUBLIC HEALTH, HUMAN RESOURCES AND;;. SENIOR CITIZENS. COMMITTEE JCSK: jd "-f~1 i 1-31-86 ---... (l;W--(JM . ~ \ jfjtfl:,i ~dOf i;J~, ~ II- el-I) ~ ADOPTED .... ~~:::::.:::.. •. -:,.::~:.~-,'.:-. '-~::'"' .. , .~~-~--~~ ...... ( .. __ ...) LOS ANGELES CITY COUNCIL ') \ PUBLIC HEALTH, HU~~N RESOURCES AND SENIOR CITIZENS COMMITTEE

TUESDAY - JANUARY 28, 1986

2:00 P.M. ROOM 250A - CITY HALL

MEMBERS: COUNCILMAN ERNANI BERNARDI, Chairman COUNCILMAN MARVIN BRAUDE COUNCIL~~N JOHN FERRARO

(Charlotte S. Kraals - Legislative Assistant - 485-5700)

ILE NO. SUBJECT

(1 ) 5-0869-S1 Consideration of communication from the Mayor requesting an amendment to the Ordinance prohibiting the discrimination of persons with AIDS, which would amend Section 45.93(B) to deem an employer's actions acceptable under this ordinance if they are acting in accordance with the prevailing Department of Health and Human Services guidelines entitled "Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy­ Associated Virus in the Workplace" and all subsequent guidelines issued to replace or supplement the current guidelines. DISPOSITION _

~C HEALTH, HUMAN RESOURCES AND SENIOR CITIZENS COMMITTEE Tuesday - January 28, 1986 PUBLIC HEALTH, HUMAN RESOURCES AND SENIOR CITIZENS COMMITTEE

TUESDAY - JANUARY 28, 1986

2:00 P.M. ROOM 250A - CITY HALL

MEMBERS: COUNCILMAN ERNANI BERNARDI, Chairman COUNCILMAN MARVIN BRAUDE COUNCIL~~N JOHN FERRARO

(Charlotte S. Kraals - Legislative Assistant - 485-5700)

FILE NO. SUBJECT

( 1) 85-0869-S1 Consideration of communication from the Mayor requesting an amendment to the Ordinance prohibiting the discrimination of persons with AIDS, which would amend Section 45.93(B) to deem an employer's actions acceptable under this ordinance if they are acting in accordance with the prevailing Department of Health and Human Services guidelines entitled "Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy­ Associated Virus in the Workplace" and all subsequent guidelines issued to replace or supplement the current guidelines. DISPOSITION _

PUBLIC HEALTH, HUMAN RESOURCES AND SENIOR CITIZENS COMMITTEE Tuesday - January 28, 1986 CSK: jd PROPOSED AMENDNENT TO SECTION 45.93 (B)

Add Subpoint (2) to Section 45.93 (B), as follCMs:

....') Compliance With Department of Health and Human Services Guidelines: within the meaning of this Section, a practice is deemed necessary to protect the health or safety of the general public if that practice is consistent with the Department of Health and Hurna'l'l Services guidelines entitled "Recommendations for Preventing Transmission of

Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy-

Associated Virus in the Workplace" announced in November 1985.

I

~~~\Cv~, 1-;r8-~ 1 CITY HALL LOS ANGELES, CALIFORNIA 90012 . OFFICE OF THE MAYOR TOM BRADLEY (213) 485-3311 MAYOR December 16, 1985

Honorable Ernani Bernardi Counci1lnan, Seventh District Room 240, City Hall Los Angeles, CA.. 90012

Dear Councilman BernarCli:

I v-lOuld like to profX)se for consideration an amendment to the AIDS Anti-Discrimination Orainance adopted by the Las Angeles City Council.

The proposed amendment, a copy of which is attached for your reviev-l, waula incorfCrate as part of the Ordinance the AIDS prevention guidelines recently issued by the DeParb"J:iE:>.nt of Health and Hmnan Services. These guidelines, which have won widespread praise from all segrrents of the A1'rlE!rican ptlblic health community, were not developed at the time the Council debated the AIDS Anti-Discrimination Ordinance. I have enclosed a copy of the guidelines as well as several newSPaper articles describing the unanin:ously favorable rea_ctions of public health eJo..-perts to the guidelines.

The Depart::Irent of Health and Human Services guidelines deal in a forthright and reasonable manner with the two greatest areas of concern to the general public: any possible transmission of AIDS by food service workers and by health service workers. The amendment V'lOuld permit employers to defend emplo:::'lJ'reTIt decisions which, under the Deparl:Irent of Health and Human Services guidelines, are necessary for public health reasons. If amended in this v-Jay, the AIDS Anti-Discrimination Ordinance would properly deal with the rights of AIDS victims and evolving public health concerns.

I would be pleased to discuss this prop::>sed arnendment with you at your earliest convenience. Thank you for your consi(leration.

Sincerely, ~y;trle-,~ TCl'1 K. HOUSrON Deputy Mayor

"AN EOUAL EMPLOYMENT OPPORTUNITY-AFFIRMATIVE ACTION EMPLOYER" PROPOSED AMENDMENT TO SECITON 45.93 (B)

Add Subpoint (2) to Section 45.93 (B), as follows:

2. Ccmpliance With Prevailing Deparbnent of Health and Human services

Guidelines: Within the meaning of this Section, a practice is deerred

necessary to protect the health or safety of the general public if that

practice is consist£:>nt with the prevailing Deparbnent of Health and Human

services guidelines entitled "ReccIrlrendations for Preventing Transmission

of Infection with Htm1aI1 T-Lymphotropic Virus Type III/IJyrnphadenopathy­

Associated Virus in the Workplace" and all subsequent guidelines issued to

replace or supplement the current guidelines. -

1 ._------_ .. :

~"ro.:7 , " . \:. '..,J ...

ExocutJw Stlmmary: RllIcommemdlltlona fOf PrevllIftt1ng Tranaml••lon of IIIfectlaa wttfl Humen T·Lymphotroplc Virua Type HII Lymphec:tlllftopathr-Auoclated Virua In the ~

TN irIfonnetion IIlftd ~ c:lI'Itaincdill"- ~howabellll\ ...... Ilrith ~~ 0fI hNll:hoClll"l ~ 8Ild DfherI ill rWted ~ill whil:h ~ might _ III blood fTom P4lBCN lnfllCUlCl wIUI HTLV-l!II'I.N. Itle -AIDS .... I!IaCllUM of public -'" Idlo<.Illhe porpoftIIll rIA. of Inlnl\IIlluion of HTLV-Il'lN br ...,. IIllftI jlI"OVicling potaOI\lIl NMcas IIlftd ltIoM ~ 8Ild IIlINinQ fOClCl 8Ild ~ tIliI ~ dso ~ pcrsonal.....-.ico 8Ild food.teMca ~ FinIIr, • ~ -otber wortora--plIfSOllI ill Ml1ing.. well .. Dff_. ~ fIIctoria. 8Ild __ =1'1 n 1Iita, wt>erlI 'I!lere is no k-.. rIA. of AIDS wiNs ~ I!Iace<.Isa AIDS is • bIoodbome, 80XlIlllIy lrIinamitted diseaM thelll noI IIPud br __ contact. I!wISI guidalineI do ItDt nIC:ClfIlIlNfld IOlItiRe HTLV-Il/LAIlII'Ilillody ~..the VO"'\lS IICldtttuecl e.e- AIDS is nDl tr1InIlIl'litUI througI'l preperalion • l\lIliIWli '" teod 8Ild bevont\l4lS. Itle ~ NIl IhIt foocI-tlGrvica lOIOlUrI tnowlI III &18 IIlfectIId Mlh AIDS ~ POI be nlStric1Icl fTom e:rOIt lftlaGIlhoy .... ~ Infae:liGft GO' lI!ntla .. vtIicII suc:h _Iric:tion sroo.dcl &18 "'emntlId. 'These gu;deIine5 contIin dNiIed ~of pnc:aulions ~111'--' lranslnisliofl of III bloodbornI inflCtioIlI diMueI to ~ eqlOHCf-iIIltle _ '"lbIIr dIItin-to blood fTom ~ lIIl!>o may &18 infDC:ted with HTLV-Il'I.N. Thor ~ ... Ilu!lh-canI ",orten IIt>oOdd ...... poa$ibIt prec:alIIionIlII prtmIn\ ~ 1IIiYIY. Tile ~ ... b8Iled 0fI lhe ~IIlOdea of HTLv-Il'I.N II'IlllsmiI:Iir ..... ~.- __- ~.lhe hepa1itis' mocIel of ~IIIc:liue the bIpsIi­ lia 8 wiNs II transmlnecI in • Illml!Ir IftImIDf ..1h4l AIDS wlruIlIRd is boltll\afdierIlIld _ 1ft. fectious tf*'I KTLV-IIIIAf. ~ thel -.&Ill P'lMIIl tr1ItIsmilIaion of ~...liiio prwent ~ofAIDS, FotmuiItion of spec:lfic _idItlbftI for hsIJIll>.csn -un lIIl!>o ~ ...... ~"""is in ~,

: ' ---_.. "'2-.-

'.

OImanr TIWldJ .commendatlon.for PrenntlngTr8namlaalon of tnflllCtiaB with Human T·Lymphotroplc Type UII Lymptladanopattly-Allaociated Vlrua""\IIIn ttl. ~

~ .. ~.. " ~ InIlIdi:lft dl ...... 'T~_ ~y~ oinlI tfTtlf.;atLAfl. tilt oinlIUllIJl_llCQIlifIId...... llIeficirIlnq ~ lAIlSl. iIll:lollIo ~..... IIld biseau:III -. W1l11lvt ~. \l8IION U--fllMCf wiltt conllIIninal8ll IlIood Dl' IlIood prodolCta. ~ _ tIIlI;ta of \l8IION wIIh 1fTI.V-&'1Ai InfK1ion. Ilftd chilclrWI bom to ilIfoc:tad fIlOCbIIft. KnlI. lIIIl.Af fa 1l'lIII;InIneCl1twoull" ...... contAI:1.. ~ ...... to Iftlec'lsd IlIood ooIlI COMIICtI fwa,ot IlOI tloen _ ptlII'lneft Of ilrfIildII of lnl'ec:t=d ~ no. tind of _xliii ponIOft-to-~CllntIIClItIaI gclI'lIIltllIIy o=n IlIIlCllg IOIOIbn _ ce­ O< -..ill the wor\pIece doaIllOI pose. riIIl fDl' 1nIlnGII'tiuion of tfTLIf-l!illll.Af. Aa ill the deveIoprNr/I of III'Y 1O.dI~. the ~~..... ~of the p,IIlIic:', '*""'. T1vI fclilowinQ ~ hove '*-'~_.. worQra. \*'tiCUIIIIiy Ullftcn ill ~III ~ azpow-e miGht-to t=od-.1Il­ di~ m.cted otiIIl HTlVo/IIIAI. Thesa -.detionI teinfoft:a IlI'ld ~ tiM ~IC ~tNt ...~ eeIlier for ClinicaIIIld ~ AiIftlII'1 end for dontIk:In perIllIIneilInd ~ potflltlTlin; ~ lInd~' U I. e.-of P'lf* _..,. the pwpol't8cI riIIl of ~of MTLIf-BllAf"'.... . lICln$ prcMdinQ pet'IOlIlII ~ IIld by foo6 ond~, ~ ~CIlIIlIin 1nf0lTl\lti0n IlI'ld IIIC:lll'llIl'otiorls for ~ ond food lMll.ice ~ AiIaIIr. ItlcH ~tionaIldd'OWl ~ 1I.g.. _lOdiaI ~.III eddition. ,,1'818 ~ I\evll eInilady been CIeveIopGd for Cfllldre=> III 1IC!>Cldll_ ., - 1:'1. HTLV-a'I.N-lnfected ~ iMIIllI8 tNlM IIrilII AlDS 141; __ ~!IflIllIir physicianlal • ha.,;ng othoIr e.:- due to Infectilln wiltt HTLV-8ILJIIIr(; _ U-...... Wologic; Dl' I\8fdoQic INiclGlnca ofihfec:1iofI w!l!\ HTLV-II/LN but who _MIl" Come of theN ~1ft a-ocs 0II1N1 ~ __.. K1Uf. IIII.AV \rIIlInIiuion idcwliif*, in ~ lI1uC5ea. Other ~ I11I'II ...... tilt hepati\il11IIOCSlIl of ImlSd' • - THE HEPATmS • MOOE.L The ~ of 1fTI.V-IlIIlA' iIIfec:tion IIIim!11t to lIhIt at hll$lItIliIIl • lllrIa tlIM Ill­ foction.llI'd mudllhl1l\es been l8DmId _IN IDat 115 yutII ~ID INIIisk of ~ "=PatiIiI1 In IN III'Ofl.pIac:o can lie f4IClIied to ~~ riIi6. III tfTLIf-lllllAf -. IIftiIaion In tile ....1lh-c.II1I and OCher ~ lIOItinga. lIlo1II C1l11i1il! 1 ~ ...... CO'l18Ct. ~ ftllCS'" to ~bIooII Dl' blood Jl"CIllucIs.­ perinNl II'InItniuior> fnwn Infe$d motNn ID "*' CIffIlIrinG· TIN&. _ of the _ ....iO< I/fOllPl III higtl ..... _ HSV lnfec1iorl fa.;.. ~-. PI cIN; --..... Mt1I ~. InWU bom lID 1IIf~ molharll .... IliIo the grllI.!llS III ""Gftest riIi6. ... MTLV"''I.N InfIlCtilln NIli1t>Gr Hl!IV _ HTl.l(-IIiIA' tiel been ~to lie bllnlll1llliltllllt IIr C8IIlIII contAIct, ~ fDod or _.Of Diotlclona or 1ecGl-onlI1'DIIlmlI1I1. HSV infection iI OIl occupIl\ionoI rill 'Dl' HCW•• butlhil riIIl ia I1IfWl1 to~af c:II!II&lICt wiIh bIoocf or _taminIllad ~. ..cw. .mo ItO !lOt ...... _ w!ltt b!cod Of IW$llIIIa c:ontIInlinIl\ed wiltt blood _1lOI1lI rill for ~HI!lV infK1ion In !hi ~....1. 1in1he~~HlJV~""'llIllbeen~IlIJl_~ kid patients. ex.cepI 1ft hamodia1y9is units. """'" tIIoocl CClftIllft\inaIion of INI lliwinlO_ hes boen..-.... or wtwt1I HlIV~ blood frcftI_ pa\imt II!t6l:Ge11 .. _thw paliefll tt.ro..;h ~ of r.r.s-. Ewtdence IJl HDV ~ .... HCW. to patien1a l\es l>QIaIIlIlllrllftl8l, ...... Uld iIfniI$IS ID 8ilwit1icnl1n whic:tl IN HCWIea· fIOIed high __ at liNa .. IhGIir bICOCllllt ~ 100.000.000 circlIIIatine .... poniI:Ies P8' fVlI IJl llllNIIIl. _ Ihe HCWI --..cl • ~ _ .tllIIe I*formioltI 1rllumatic ~ 011 patianlI Dl' had .audllliwe 0/1 ~ Ielliorls ...... ,...... ClOIItIlmInrI18 ..._ Dl' QpOII\ orllU!Ilda of ~~r, t.

.'.

I --I "'-- --._...- _. -- _.- "._--_..-- ---~------~_.~_._.- .._. ".-.~ -. - • & ,._., . / -lit, JIO ..~.. t4ii8V""M'lIJ/"'1Af~""'" ~ __~....lM1. CliJIplIa llllidGWIlioIoGi' lIimlIeritiII. tIN ..~ . ___ ." ...... -- IhlIl tor HTLV-IlIl.N ~.Ttw _ cI ~lOY ~.... ". e-;"g1~ft'ClftI...M8Vcanier...,..ft'ClftIneoJa.I'2.';I."'/II_Glf" . ~..of MTLVoILILN ~ toIIooMg I ~ iIwoIviftg I _,..,.,., tIl:IecIDd wiltI MTLv...... wflic:h III ...... ,'" In ~ II ptr1IlIIlI who ... "-10lrIInImit HIlt Intactian inhaIIItl__lllII:IinllIlIo..~eo IN ~ C KtV C/lIrrieII wtwl. ""*' _ted. hIMI eahibitod lIWill8nclI of ~ Ili;/> ~ Iliana cI ma ~ 100.000.000 lnlecticurl wirII ~ PI" IIlII ill Ihsir llIoacI. CIwIftit cerriGrI wtwl ~ lowlIr ~of ma in Iheir Wood _ IIoIn lmpIica1Id In "iii ill tIN '-""- IllIUing I"".'.1. 1hI1OY .. ~I -1IIIOl'lII_" ClIlIldiIiIln III nIIIII"'110 ~ 1II huIlh-carIllI'ICl __"" lIIIItttiI'olI' ThIrwf_. ~tor ...~of HIIW 1nfecti1r118houIII1/IJIllI~ ....- IlPfMlI of MTIJ/-IIII\JII/. Whctlhlw DddiliorlII_ .... ~ Iio U-tCYn 1IIIbo l*f-~~..bit ~ iIIt1N, QIiI'IIlII!IJrlDllillll ."... ~ ea-*'D cI II petiIIIta .. HeWI tor fIWldanc:o .. IGV iII'ltlctiIlIo __"-

~.ConIraI of HIIV 1I1i1_" ,iO" ill tIN twaIlh-cln llIllinIl hIIllRl¢ .!d .. 1l'II;IIementaI ..~far tIN ~hIInoiIing c111bld. --1Iodr..... end ~ IIoiIId atIItI bIoolf .1lClwWr...... H£ALTM-CAAE WOiUlBll NCWIlnduda. but ..._1iIIlllled to...... ph~CSantistI end CIlblIr d1RllII ...... ~.podiatrilla, ~.trabor8tcty lIftd blood Ilclnllecb~ /lIlIlI fIldIai. ...~.lIi/lI1SiIp$I'IOM8I.~~ftlIClicaI~1I'IiIIIllii::e 6UlllinlIfa.~.~Iw\dryl!IIlIt.IlI1.. /lIlIlI ~wfIoulillClt~_ 1Iilct wtllI petieda.... llIood or DCtICII< body fluidI. or corpllII.. AtItfiIit:NI_ d" I en,*1'I\l ~far HCW, who psrlorm fIwIl;Iwa ~ ~lionI far HeW, omphasizl ~lClPll;ltilltllfOlIll\l'lllftlin; ____ c:Ion of bloadbomI lnleetiolol clisMIe5. IIlcluding MTIJ/-IIII\JII/ llftd HIlV iIIfllctions. n-. __ ~ lIlIIoulcf e. cmorced 1lllItlnefr... tiI>ouId caNr IIlanCIIIII ~.u1 ~. ~ of ~ HCWa 11/1 PIlIiInlI ...a-n SO III infeclDd wi!h MTIJI· lilIIlA' or HIIW. In IIillcSrtiIlfIIO llGinlllnlonMCl of ~~III ttC¥h. ~ ..,. d:lnt& IlNl "-UIlf. Ilhoulcl III lducated "'98'*'a tM ~y.IllOdef c1lna1l11fti1­ c:Ion.lIftd ~ of HTLV-IIII\JII/ ~ Uaneeerneat ..petWI1'" ClftIf llWCGUIl ~1~•••tlCWh8.~· III ".g, ftlHldIss1ict ar CIICI ar m-- IJ.e-lI4*sIIeo tIN llYI ar ~ eqICIO&ft 11> llIood ar other body 1'Ucla.... _ plttienlllhoulcl III __~ _ ~ ~ 10 d&termn tM Etclihooll of HTLV-IIIILN iIIfectioft. • IN ----ll\IlKlllldI that infflc:tiOl'mer 0&iIl. tM pe1isnIsholdd IlIlnlOl'lNld of !he incidInlllftd ~11> __ ant eo ~ tIlI1inQ for ~ of HTIY-&'lJlV ~ If tIN_ roslianI Ma AIDS or otIl8f ~ of MTLV-IIII\JII/ lnlec:tiorl. daclinIa ll:lstiI'I\l. Dr hII I ~ tllIIt, h HeW . stlOIdd be tlVIlkIlI1Id c:5nic&lly IIId ~ far lIVideIa ..tfTUf-&II.N infection III _ .. ClOUibIa lIfIar tM IIllC*n. and. • ~. IVtes1ad 8flIlf 8 ...... u __ I ptllIfcIdil: twis tI\oIuaflM ...... S. 8. end 12 IQClftthI folll>winQ ~ lID ~ If ~ hili -.d.D.arinclltlll fOlllow-up period. capeeialIy th8 first 8 .-.b...... _ IaI8cl8lI II*'IQftl .... IPPIC18d lID ...-.upowd HCW, ahouId --..~---.. Ilaof inllC1ion lIftd follow U.s.1'ubIC Hu/lIl SetviclII'HSI ~far ~ ~ of AIDS 1'5,"1.•!he pelisnt it ~ti-.1lI'IClhI&~CIIItIIf"""" .. MTLV-IlIl.N lnlectioll. no fuIU>er fIl5ow-up of tM HeW Ia .--.ry.lthI _ petiaIlI CllMOl bit idIIntifllld. GeeisionI I'CQ8'l'lline ~ follow-up ~ lIII ~ bud 011 th8 In- of ~ IIIld thlli&oIit>oDd that !he _ paIiInl_lnfec:led .... IilIo1t hili ~Dr IftUCOUI ~ BqlClIln 10 Iliood Dr 0lJw bocIy IIYidI. HCW. the patiGnI &houId bit inlOl'lNld of fl>I inc:icStnl1llld th8 WIllI procedIn 0l:IllinII11t1owe IIIl8uId .. folowecf. ~ of ltllI1ype ofllaPCllMQ de.~ia _ CilWllIIII .. ~tarHCW,wflOpMfDlftl~~ ....Dllk teortla, of pstIGsI1a. lbIline IIIOIoQic tasmg Of II pcdi;IlIa tar ClllIibodr • MTLV-IIIlAf II lllJI ~ eo fIll1l-' II'aIleIIIiaIiD of MTIJ/-lIlILN IftIedion III .. wcdplace. __-.dis of I&/dl t8StinQ ... unliluIIy 10 hirlIw ~the_ ofcr--. lion. wt>idI•..., will> ~ ~1ictI. illIIIrudy lIll1nIftlOIy '-.~.. _ of needleSlict llftd 0lNl0r ~~ c:ooild lIIIl'Odu:ad by~end_ COl'llIistMUy ~ nlOltinrIy ~ lnllCtiarl CDI\1I'DI ~ IJ.g.. _ ... ClICJIlinllIlllldlesl. -.-. I'llOUIII of rllIItine IIlf'DIoaic I!!estiII'I\l -*S IllIC lIII 8'III!IeIllI far ~ _ IIIld petitInla IlIIlIh llIlOI1 IsnQlhe of 11IY. lIftd Ildl:liliDIIII CllStI lID ~ wlIothel' • poIilMIll8S1 ... I 1nllI1lI faIN pcl$ililIlI would be I'IJqOIirIJd ill FC4"...... low ~ of lnlec:tion.. "--". ltllI_~ill belled only DII ~ of oc:cupationII risb and ahouId IllIC e. CC'\StI'Iald OJ I _ldItiDII~ CICflIIf _ .. ... 88rOIOgic teI1. IlUdt .. for ~ or lID ~ II!ollldical ~ .. pstiDnIa. Since the ~ wiltIlnflll:lld psti$lltl1Ioa 'nII'Y ~ IlftlOIlQ ~ P'~" III AIDS _ haw b8CII\ I8PClf'I8d by CIIlIy 2110 of INa ~ 1t\lIIII.ooo ~~ iI'I th8 UnitcCI SUItes!. lOIN hcIpiIII!s ill ~~__ IIlIly claem II ~opiIM 10 Illltiallll4lflll!l>Goit IestinQ of p!IlisnIa.

..

Ii i; .' I- ii i . . --.--.----..--"T" ~ __ ". ~-_~----..-.. ... _. . - _ ...... - _....------.. ---- ._ ..~ IllIlllIfIlIIla MTLlf-lllllUll/'Ia 1M .UiliInlI- tIIIIV lIlIIIlIlIlIl...... • ' .... l:Iu-...Ioft III tfTLVo4IlIIAf In IhI WOI\IlIllce -*'~ p;llrISf'--f lIIIIIll8IOft tD a w' • --lIbllfP lnstl\II'Il8ftI ~ ..."IIIDod of 11ft Infol:led r. .1IIe..... tD tte\ .) lISlQIIIrln8 HTUI-IIIlA' ~In IhI ~...... la ..... 8bIdieI In 8tIoIltioI. alllUl of , .... MCWI """ "'-' liIlI8t8lI blllll&iblllly tD .. tfTLV-lI/lAI. 1ft ablIlioa. ... 144...., oflhlMCWI hlddinlc:t ~ .. it.r " .. lIYII or _ ~ e.q>oaur9 III pati;ImI wish AIlS ", HTUI-lI/lAIIftftJct.iaft. MllIt .. __ oopoG4II'IS __ III bIoccll'lllt\sf lIl8IIlll __ bDOy ~. '*- Df INMCWI __.... tllIl ~ _ .... negat.... ~~ lWIdlInI:a Df HT\.lf-II/W ~ tollowitl; 1heir ~ 1:-...... HCW. ill __ .... IItudin lIIfIIA IiIU; ;"' ...... tin1 _ail... but ttvw Df ... poI'DOflI IleIongClClIO IJ"Olllll' IllCOgI\iZallIO be III ~ ... b A£lS 'f 71. Gft=e _._tlIlneCf~.~infontllltillol_...... ilia llIII DItIy _ Df e-tIuM ~KCW•. AI!llough HCWI_~ .. P'ObatlII OCQlCl8tiona1y ~ HTUI-IIIlA' lII§ac:tion If7.f'I. ~ItIlllI a .....'pu .. .. 11ft -..~-1lIlft'lIIIa ...... tIIllt8lp dlrIIlrm!ne IhI ~ III lidIll::liIIft. 0nI_~trcm ~ cbocribeIa _ -.0 foIIowinQ 1Ift~ ~ aopclSln tIIl.1lIlIellIa ~ wish IIIDod trcm 11ft AIlS pMiIIfIll"J. In lI4lilIIDfIhl tllltnil'hIIIY low tfll/l; of .111..-', .. III HTUI-IIIlA' Iilfec:IIioII. _ ... \ll8eIllIn1ic:l ....._.more CiIftllI\lIIlI __ be sP-I eo ~ Il!rVOfed tIIl..-. IlII8dleItict ~ III HCW. ClJIinll for atr pstisnt, lIira lIlIdI injurles conlinuII to __ durinll ttle __ 01 patioltb who ...~till be infected ....HT\.lf-llllA'. "-tIona 1CI .....-.1 ~.'" trTLV-lIIIIUIilI' 1IIfcctic:a ltv tteWt Ia ...... ,e-. TheM ~~ plVlIGnl prIlCl\icGa"'l!FPY to ~11_ .; !e' ..HT\.lf-&'\.N IIftCf oItler lIIoodbomI infec:tiofts end GIlooIlld be lC/ild ~ 1201- 1. Sharp IC8ltlI ~. ec:dpoI bIIdeI. l!IlId llChor sNlrp instnIl'nenIelllheol8d!le 0lIlIlillllf­ end • poUlnIieIy 1ntec;tM18tlS be IltIndJ!alcIlII«ltI ~ ClInI to ~... 6Gft111/ ...... l. ~~ lIIIIIIlIlOldIaI. llil:lIIpaIIl:deda, lIfId __ IlIl/iI1lI!ll:ma ~ tilt phc«llnlo ~c:ontainsrs Ili:leatoIlI .. doN IIlI practic:aI to lihs_1II ~ Ihlly .... loUd. To prIIMIIfIllllleCllstic:i !Iljllri:ltI. Il9llClIca 1IloldIl l1IlIC be ... Cla;lPlId. ~ llllnl. brotS'I.l'lIftlOW'Ild flam 1ft1nl)e$.'" ~~ edbfhDnd. :a. 1IJVt,en h poullllIlty of SI;lCltI4ft to I:&l:lCI or lIGl\er lIGlIy ... eslzIa. I'iIItI!iIIIIly ..-mrnendcod precautions Ihould be followed. The ~ 1lllPOll""IillIIIY ...... gIcmoo ...... lIIhandlinahemllIlOhd1lllliltlblood at~~ wIlh IlIood at ottl8f body fIuidI. .. lIMy lllIo ~ 1iJOWI'I. INl8Ita. .. .,.. ~~ l*1e:atmiftQ l"C4lduroo ~ - ~ CllrttIlCt ....1lt!MId Ill' P01llntlllly infllC1ivll body fIuida. IIlI In _ I1lInlll/ ", endoacopic pl'llC8dinII .. polI1l'lIOI1em ~. HIInds ~ be WlIllIhed ~ lIIIIIIlII'Illb61lll6t. hy~bKOIM COlttal'nlnIJ1l ~l*od. •• To minimlle thelllled for 1lItlIIll8flCy ~~ IIllillUlJI en-. ~\iotlbogs. Ill' otlllvr vantiIItioft dIM::Gs ahooIAd be Illnlt8gicIlIIy IIlaIliIICl _ mY&ilable for usa in _ ~ the nMd for fIlllIUIC!tetilln II~. I. HCW. who IlI'lI or m.iglll bel:omI ~ IItN:Ud be COl.WlSIl!IGd fII9llrdina ~ l!:IIk to the fIbII dill till WllIt a&ignml;Inlllfll! prtMlll!MIlIlOIII4II1lS ltlst ...... __ rlab (Z, l.l"r1I;nant HCWa ... ItO! ~ to be III gruI8I'ri:ll 01 /ll!llMi Ii G HTU!-lI/lA( infIctionI tfVlIlltlosa wtIo llIlIllOllll"CQt\llltl; r-.••HeW ~ ... Hl'LV-lI/lA( IIIfaetian IlurinG pre;nan:y. the infll1l fa 1IIlnc:reaMd Nl fA !Illlac­ IillIII JaUIIing trcm porinItJI 1rlI:I'lSIftisI h:oi.lsa of IIliI rial. pregna1II IICWa \IIlOUllI be ~ famlIi;r criI:h ~ forlho ~HTUI.wJAI-. IIliuion. lIIIle,f11I11t1llft. iIlIIlRfoctiea. "-1Il<0e;lm1- 1M __lIapou' to pntwsltmrs_... of MTLY·III/UlI/'. Sterilization 8tlS disinfllC1ion ~ currwnttr _idoll.. _ (12.Z3' ift h4IaIth..-. Ilfll! dGntIIl foclitila 0l'lI1ldtlquJ1a eo lI18riIile or disinfllC1 ~ ~. or 0'Ihef iIemll ~ cril:h .,. IlIood or 1IltlIf body tIuidI from lfldmdu!I!It lam feetad wilt> Hl'LV-IlIIA/. NtnlmInta or oct... ~ .... IIhIIl GlI1Ilr ___ stIriII tiSI4II or the YSIQIlar ~ or t!lrtl-1MlI disinfection $pendjnQ r:a CllAIIICS s;rn.. germicidal ~for usa .."'-pitaI ~-8tlS ...~__ tIMd II opproprilla lliIoItionI can IIIso be UHd for high-bveI diIinIllClilln 01 doMcoa lIAClleatN­ -.ta. Germicides IIhIIl ... ItIyCObIlC1aric ... prafcmcl b4Ic:auM m~ I'IIlll'\lIIIIl _ of the"-'.reaiItIlnl g

.' -,:;;;,;::-.::...,....,., CiIlIIMlClIlIr llMCIiII hoIpiIa;II ..~lilt II IIIi -. I" )6shM. /IIld -... ""...... c:IIaning .".i"••I...... ~ ••~~lIIMdill~... ~;__ .... , • .., ..., bady fUilla etooolIll • cIcIeIlecS ...~ foIOWOlf bot ~ .. EP... ~ IloqlilIII ~ lNIt II~.~~ ..... ep/lIIa ahouId _.~ ~. lIIf~ 11ft &pIItlf~ IIltlel dllinl$ 01 __ • ~c... ~ '" ~ to !hi Dislftf_1r1lnl:tl. Officleof ~~ __ "'-1ioft~.401 M S.....l. S.W.~D.t.. 20480. .' ill ~ to IIQapl.IlI ~ • hahIy ~ eoIWClI ofllClllfialm ~,~ tctiloflll ~ boIoac:l>l is lII\ ~ Il'lll ..., etleI;tMt ~. eor...ltiatiotla IlJIIOiII'lI IIram '.000 IlClft\ II ,.'0 f/ik.ItiI!ln III hcluIeI'OId llIoedlIlD 600 IlClft\ It ':'00 Cl!Wiaftl ... ~... lIfIeoc'lMa. CIependinQ IlII !hi IImOlotIIt of CIftIlIl'Iie IUl8l'lIII ....~-. _J~ 01'1 the ~10. c:iNInIICIll'lll __If. =-s ~ Il8tnI ~.~..~~8IIld llhI:MS.I\JlIlI:llIIId.de- (IQl/8Cl 01 wIIt\ ~..., C8I1I to po.- ec:s:idenUlI ...... 0Iher I\IClUOItidy ...... _ 1IhooIlIl. ~ Il'lll ~ ill deally i:I8fCIf*, ~plIltsl& .. lIIUlIlilIe of...bell ia ~ wIIt\ blood IIIll1lN1r tlolly fUilla••tIIC:ClIld -rasvlIlIwiIulId 1lI111l1C1. ~ ~ for diapcul of w..:w. _12.JI../llIeQIIIlI!IIfar de­ paul of _ ~ '" HT!.W-lIILN.1IIoocI8IIld --1lcdJ tUdD 8lI'I' ..~ f/I:lUI'Id down a cn;n ~ lD alllWlilaoy_. lIIbI< fII~ ... fII MT1.V.1II/LA( Iafectica HCWw 1ll~.~ ... fa ftll ~lNIt ~infected wIIt\ MTUI-lII/I.N ~~ • ..-..a lIB oIlr11ftS1'llisGi 01 KTUI-lII/I.N lIIfecticla "-HCWalD ~ IllIOldII alilIt II' ~ ""- thM II bclttI nJ • flillt\ dell- oIl7ei1nl1 to tM pstietlI thIll -*l~a"'" II llIfttry tor ... winII It.;.. dYrirla 1II~ ~ "., IZl _ of tlIood llf __ tluIlI fIQl'II h iRfec:fed HCW to hoc*, ..... 01 • potiaM. a c:ouId _ • h HCW lIulltIlIiIllIa ~ Of ~ ~ ~ lIIl ~ ptllC:Idon. HeWa"-' to l!IIlafac:ted .... HTLV-lII/I.N who do llOI per1Dml ~ ~ ftll8d I'lOl .. 1\llStric$ed frClfIl ... IIft!ss& they .....~ of ClIIher lnfKtiIlII Of ...fOf wtIidI ,.", HCW ll!loldlf be ~ Id. $pedfc ~ tar HCWa llIho pert_ iMIsiote ptDC:IIdo.na 1ft IIlsiRg ~. "'--'d_ 10 ...... ,.m ~ II HTLV-lIIIIIA' IafM\tlGa "- tICWa ..... f!eowta. ,.".. ~II;lPIy 10 III HCW.. ~ of IIIIhathIIr they 1*1-~ ~. ,. All HCWa ahouId __ ato- tar cIinIct c:omac:t ....__ IIlIIftIl:AlilIIIIl6 CIlflilllllllllt- tlIct lllinollll patiInta. 2. MCW, who ..... ~ IDona III' ~ c:!GnNlIiIia IhouIld I'IIfnrln hcllll II cliI9cl pcliInt _ end from h&ndIirlG pstislnl_ equipnIsnI IIllIJ h ~ ~ lhnIIoglc UIII~ of 1tCWa.1'loutine IIQlI1lGoglc '"""'" of HCWa WIlIO dollOIl*f_.... GM1 ~ ~ provideora 01 haeM Il'lll ~~ eatIII II llOt_ -.ded to IW9"""d ~ of KTLV-lI/LN 1nfectiCIII. TIll risl of ~ II ... flretr\l;ly low GIld C8III • fllI'Iher ~ed ""*' tOUlinIly ~Ided IiIfec:til:Al Cillf\tI8IIpra- c:aoAiorlI. an followlld. ,.,.,.... ~tllatin; ahO&lkl • aoallabb 10 HC:Ws wtlomoy .... til lnow thIir HT!.W-lIIIlA( iftfec:tion atatua ~ for ~ !IIol$tilnQ of HtWa .... I*fDml1rwlllliwa prllC8dun& .... be ~ill1M _~Ileirle ~ ...... 1ndMcIo.&*...... fII tnnIIIl!alllllll .. MCWa !GuM. "'- __ II ...... Ilrfectad 1111t1- lIIMAV ""'- iIlfllCtlld IIlII> HTLY-II/I.A{ ClIIl be ..fair cared for ill hotlliI /lI Of.__ Studies of fDmiIy momben 01 ~ inftded wIIh MTUI-IIIIlN hIM foo.rod 110 II HTLY-IIIIAI' ~ to IIdwft& who __ IlCII ..&lIilII COft\aC1& of h iIlfectlld I*IienlaOI' to chidrlIn who nell ." risl fOf~tI1ll'IaInisaia I.JI. HCWa ~ flcA'IllI_ faca the _ riIlr. ol ~of in*tiOI'Ia HCWa 1ft flosI:lit* /IIld 0Chw ~ ~. especilly itlhlora an noedIe8til:U or ocNw ~ or - ~ IIIIIllIO­ _10bIoocf III o«her llo:Iy fII,oIda. Proc:eoItI_ .. HCWa ..... IlocIM __ lIII ...... llatec:tad .... M1'\lI-IIMJlIf. ~ ~~ -ve.1II h home to ~lIlfocted willi KTUI-&II\JIiaI._ .... IimiIar 10 __ UlIlOllIft hcDPlaI& an ~AI inthe hclJ;lllllI. DilllIdleI "'**'_ be ~ poo.tIllOMfllly bInl. broUn.lllft\OO'lld fnlm .,....or oa-rs. ~tIIIlll1¥ hclnd..!Meclla lIftll Dthor II\orp iIenIt IIIlould be placed into ~CllfttIlIIln _ dispos.ed of in _dAnCa willi '-tI~for lIoIid _.1lIOOd 8IIld IICt\Bt boGy tluIlIa C/lIl • IIu!lfwld r:loIOfI !hi SDiIrI. 0tlIIf I1lIma for ~ thlII .... ~wllh Il/eQd • I'tf>Gr bod)' IIuiclI tI\It _ .1'IuIIhlld doMItMSDiIrI shollId belllll'alli*llllClnly 1ft a.. -lie be; lNIt ia im;lDroiouI /IIld aturdy Nt NIiy ~.III etooolIllbe CI'IICed III • -.r bell befOtll beinlI diIcatCed in • _ c:onsiatanl wilIllocellVlQullrtiona for eclid WI:ldlt lIIia­ pouI. $ph 0I1l1ooc1 III ClIIher llody flwids aIIoM • ""'*' wiItI 00llP /iIIIlCI __ CIlf • '-" lloll1 cf'Illervenl .... 1ft h ~~ c:!oaninQ lIP lMIdl eP!b IIhoalIlf ..... ~ .-. A diainfKUlll JOIoAion III • fnlsNy JnPIl1IId IIOIullcn 0I1Odiurl1 ~ e-. lloll1 bIHctI..... eboWlllh!:lolllld • t.sed to ..,;p. \hi _lIftsr clDstling. ...IL fill ~ ~CIIl 'II _ ... tofllCtloua cia..... lil, HCWD tofGClOd .... MTLY·IIlILAI. HCW, who an known to .. IIIfllCUld willi HTLY..lIliI.A' Il'lllllllho hD-..lleIIc­ ~ imnI&Ina sys~ ..1ll ~riIlr. for&c:quirin; Of ~ llerious ~ of CIlf>Gr inlllCfio<.d dis4.tsoI. Of ~ __ • h rIsL of-. inIectioft following ~ to l'Il*'ts wilh infllCfio<.d disaaws thIll .... aasily transmit1ed it oppropriote prtlClIIU­ lions In !lOt IlIbn. a.;.. ~. HCWalllflC1/llS willi KTJ.Y-lIL'\.N 1IhooIlIl.-...s ebout h potllfttiBI rill'. IlSSOda1ad 10rith tIllLlnG care of pasiIlnlS wilt> ~ infecUaIla find sI-'d ~ to fCl!looo ~ ~ 'Of infec:liClfl Cillf\tI8II to ~ tI>eir .... of esposure lD ClIl>llf iftfcw:tiou& eplI$ UQ,Z, I. Tha HCW, porsonaIlIh~ill ~ willi thIir instiwIiona' ~ IleIIItl lII4INicOI Of lIMdiI:aI ~ .... ~lift lIIl iIlI:lMIIwII bIrtiI wt>lntIer h lIIf8CUlCl HeWa ClIIllld8qu8lely lIIlll aafeIy par. fonn PIIienI-- lkIlia& end "'VQMt chIIilen III wort ~• lftdil:at8ll. III IIlIlI&lIIg this cIeuorminelion. ~ 01 the lmmiInlIaticIII Prac1icft MYiaOry CclnImIaeo .... inIltitutioI\eI poI;cies c:onc:4IO'Ilift ~ tar wacelneI:inll ttCWI ..,. .... lI'Irut -=­ lIhcuIClllbo be~.

----~-,-- - ....------_.~... _----..-""'"---~ ':,.' ·-....",...... ee'...... ",enw·IIIII.A'...... ",~...... , 1»oI!'-- ~ Df pehoepiUI -aenc, .....,. e-. IaI:IuIla .. ~: ...... '\_...0:, fIIedicII ~. I'I>w emllllClllRllllll ~ fir ',lGOa. .... ~, ou--'-lOb""""...... tIllI5ftIlD ~ firsl~iii -.'hID del Df Df ilIfer:tiDrI. Illc:IuGiIlg M1W..at1A/ iIsfec:tion. IrcIlI Ildec:to.... . ~ Df ~ ...... ,cy IluIltI __ ~ 118 110 lli;hso HeW' ~-v-:y_.. IN'-P\lIlII~~_\llUftllll..-...... tD ll'ood DO llChIr tIoCly . ~ ...... ,w-", ..,...~~-.~oI~ ..~, hNfItI ClIft th:luICl toe-..~00IIlinecl1lllow9 lor other HCWI, Ido --...- Df tev ~ etuma 1ftOlIlI'-to-mooIlh ~ "'lll8IIn ...... ,..., ~. __ Df ... ~ lilt Df ...... , ~ of M'IUI-IlI/lA( ~ IIIlOoIIl\-tD-llIOo.Il!I ~ lI;llICillI ~ ~ ...... til'" _ of ~ ...... yeQUiplMnl DO ~Liof> ~ end ...-.;ng Df gIootea wtlen In lDIlIC'I wlIIh ll:Ill8cl .. 0I!>Ir body fluidr. ~ IIQrolipMftIIftll dDwiea '-or ~ tIl ..__ lIIlinIleCl wiItl bIooCl or 0tIw body ..... 1hoolIId blused_ end ~ '""'...... Ir dulled INS diIlinfllC1llld IIfllIf\lIlldI_. PPSONAL-SUVM:I WOIIIItDS t"cn.oNII-urvice ~ I'SWIl _ dDfinIad III IndivlduaIa ; licaid ~ doN p8rsonoI COft\IlCI wiYlI cIiInla 11-8.~. ~. ~ _ 111'111' ­ ~.~. ftIlISU9II thIrIPisUl.l"SW' wflcM NM:at ~_ ~ ~. -.J IIlQU:ir9 ll8edIIt ar other ~Ih8l ~ IN II\ift dlcu!Il ..... ~ lndic:IIIIld Iar HeWJ. AIIllool;t> It*W • 110 ~ ", ~.. M1W. lIII\AII frDm c:fisnII til l"SWa. hill "We to c:liInla. ar '*-c:IirItdlI 01 PSW1l. • IIrR .. tnJnlInIlIIlon -*' eaist bom PSWI tD c:fientt lInIS .. _ in eil.YIniclllII GIhenl .... IlotIlI1I tIIl&II'M til _ of IN IndMdo!rIh Ih8l -*'FO"'idI , Pllll'llII 0I1lIlIJY tar Chlt ..-s CZI occau of tlIooCl ar ...-ftwid bom _ Infec:\ed ~ 10 h QPGI\ ~ olIN __ III ~ _ I( coIU>er IIIItIlifttll , COIl A I!lIIk of lrllrlSllliUiollfrom cliIJnllO cientQIIlsts wtIIIIl ~~ wlltI bIIood cnNll\ ~edarcfil,inf~bet_c:l!isftU.'*'-­ •• KBV ~ .... ll8IIn ~ only rarely In ~ 111M IlIl100 ~ _ end _ In othsr ~ MttinQt. ftliutinQ 1hi1,." ...... HTUf-IIIUII InilrlImi:tsion in ~ 1l8ftin;I-be aa1nImIiIIy low. ~c testlAl'" "WI, IbIIinI ~ tIlt1inQ 01 rsw. fao:ll!I\lIibady to HTW· II/UIII illlOl_odedto ~ lnrI$I'Ilit$iOI fl1lftl PSWe to c::IillrlU. ~ Iar "WI. AI fSWt IlhouId 118 GlCluc.etecl obClIIt ~ 01 ttocrtt eTV Infoet.iont. iIldoIllinO MTLlI-I\IUlIof GMl HllV. SOinQ III1d ~ needIot... pietMg deYiI:IlIlllhcUd .. used once Ilftll ___ of or .. tl!orolIghly elIlanId lInIS l10riiiled """aIlCh _ uaing ~_lIIIidtDr _ in hNIth-clll'll ~lnstrwmllntt NlI\ intended to penet1tIla Chlt '*'In IloIlIlllhldl .., bIc:otne c:Ql'ltllminaleCl wit!> blood ...... razCll"lll, lIhould .. used fgr only _ cliIJnlllnlS III die­ poNd of or ~hIy dunoClllllCllfilinfec:\lld attar _ uaing ~~ tDr 11M in tlNIIIK.M inItlWtion6. Atrr PSW wll!I lPudativllasionIl or WIl8PnQ cIarfMtiIiI. ~ leu of MTLlI-lIIlA' Infecticn IIlaba. lIhou'cl retrain fRlm dit10et COI\'llll:t ,.,;u, clisfttI tilld IN IlClIldition ~ PSW, "'- to Ila inlK18d with MTLlI-8IIJIt{ n=ed _ IleIlliOtril:tlld from WClril ..... Chlty ...... ~ 01 ~ infec:tiant or mr- ...... , I'SW IIhoolld Illto belWlril:lld. fOOD-KJlVlCIWOGIlUM • fClOd--w:. worUls f'SWII ..~ III IndividuaIa wtIClSlI ~ lIwGh8 .. pt1lpet'ltion DO ~ of food DO ...... 111..=ou. c:ater14. ---.WIlI1aft, ~ eiriint~. lIllk '" ~... I'lIWa '" _ .... N ~ GMl ~.. litnce iIll:IiclI1aI thaI IllooclbcmI IlIld ...... ~ ""1lCliclftI IIII1l III:It 1r1lIIlIIiIIIlIil:I cIurine IN prop8I1I\ion or -.ina III food or ~. lInIS eo nu.-..I8V • HTUf· lIILAI transmiuion IwMI bMn ~in Iflillllllting. Serologic _till, III FGWe. RoIII.inI ...".. IiI1inQ ..nw. fao:l!II>fiibCldy \!Ill HtUI· lIILAI illlIOll'lCllml'l\llld to P'--.tdisoeM ~ bom F&W, til-. 1'teclloItI_ tor FSWI AI FSWellbooild follow f1ICllII\l'M\'I ~lInIS ~ .. toocl plll'tOn8l flvlliena IJlId food NIlit.Ition un AI FSWI tIlCMlIll e-=e cere til IIlOIliII Injury to hendt ...... preparing fClOd ShoolId IIIldIIIII iI'ojuI'l -.bclttllIOS1Iletic and GaftIIlIry c:onJideralicnt tIIOIl6d dil:lat' Ih8l food ~wim b600d .. ddIc8rded. F&W, ~ to be 1nf0C18d wiYlI MTLlI-IL'\AI1IOId I\of be nII1ric1eCl from WClril triIu lMy...... ­ ofothM Infection DO I!lII-. farllftlidllftY FSW 1LIlouIcl8llo be ~ AU. OTHER WORltlRa .... III trzonJImIIIlllft ", KTLV-lIl/UIV _CIllI WOliL... ~dHII_ ..,... ~ mont No "'-..... 01 ~ 10 co-w~. c:&ntt. DO _ aUm hill M1W. 1IILN-InfK1ed WClrilOlll In N11in;t NlI\ ~~ .-8-: offi:8I. Id\oola, fecIOriIa. _tNetion tiiatl. ThG inlec1iool ill IIP"Nd by ...... aI contact wiYlIlnfec:tII>d por-.llljoctiDIl of c:Ql'ltllminaleCl bIoad DO blood ~. IJlId by perinItIlI transtI\isIion. ~"-• be infected _ HTLlI-liIIUIII' tIlCMlIllllOl be _trict0d from ..on IOltIy ll8sed on this IinIfine. ~. ...,. IhcwICl _ be resllictIld fnlm UI\inQ ~, office equlprntnt, Cllkla. llhower1. oalinl1 ~ enc ..._ f~ Equipn>enI contllmina1ed with blood DO __ feody fluids of "'" worbr. ~of MTLlI:lll'\JIll' inf.c1ion stltl4. ehOUId be daIIIIed wtItI -I' IJlId __ or • ~l A lliainlectant toloIIion or , fm;fI toloIIion of 80dium ... ~~bloadI. IlMIIbootelIhould be IIMClIO llIfipI IN erwllftdrt dIallIIiIIf.

I' I ". I. ... "'-__._0.- •__.. __ .. -- -.------.'~ 7 'r , .... em.L. MUP..,...~ ,..,. lnfonNlliOrllllld ~ CllfttIliftIIll ill ..~do ..IIdIilRlla III .. ~...... lhaIlNY'-tlD.,. ~"""'fNlUlg~IC~~ tor peIllClIIa wIltIlfTLlI-&VIf II\facllon ,..,. ~ lIf HTLlf-lllll.A' ~ I/Qf.... __f_IIAll-...., ... _ co-worUn 0Ctw --lhaIlNY lit ~... ..,. Ihot ftIIlICIlDr ~.~ Ieddni...... ,.... ~~ tloo'1ol ulot, IlIld ...... ciwlI righ1ll of~. -ur..~--.~'" ~~oar-"la. c-fodoontielil, of lUCtaI-o.. ~-._ ...... , I*l*" pri¥ecy ri;hla. 8Nl ~. ___ MVnOI'MIlNT Of Tl4QlllleoMYlNDATIONI ,... inlDl1Ntian 8Nl .~tiara l:Oftt8iIWId e- ._nnlGlld!ltio!'oi __...... --,,,,,,:ornpillacl.., Cf)C 8Nlaetlllll'tfS.-- ~..~..... ~ ,.,.~ ~ ~.. !iDA ... I: lA; verioI.o _ . IIld Tenkoriol HNfttI Offican. Cent_ 01 SUl1a 8Nl TlII'If&oIieI ~ AsIlaIIiD­ tioft lIf SUl1a lIIlIl TGIri\onII I"ubIil: MuI\tl Ubomory DoirKtcq. ~ WI ' ,..... ­ CouMy tfoIlllh 0tticiIIa. Amlooil:8II HaspitIII A8lIocieliDft. UMGd S.... ConfcrrrN:a ttl LIIIII HiIaIlh Ofheen. Aaaoc:islian tor ~i111Rf1lCliDll e-ol Society tor tlD&pItaI ~ IIIioIogiI;ta of America. ~ Don\IlI ~~ Modic:.ll ~ ..... can Nona' AaIociI\ioIl, ~ A.ucc:ie\ioll of ~~,~~III 00ftqI ~.~InAl.-. lIf HMIlh, Food _ DnlIl ~ Food "-Ilh ~. Na\ioftlf ~1IIlt AAocilrlion. NstioNII ~ IlIld ~ ABaoclIa­ tiofI, NslionllJ Qey T_ Forl:oI. Na1icNl FunDI'll Oinlc:tor1l11l1l MllItic:ianI "1&1 . llioI~ ~ can ~ lIf ""rIl!cllInI far !tIIINIft Il.igtlla. lIlftll N8tlonII ~ ttl ~IC' ~ T~.,.,. ~IiIao lnduded. liIOor llftiIln ••_ ...... t!lIIlltIlner, • CCfllCI"lll8 lNIdil:IIlinICI.ol. end • ~'*"""-.If-._~\IlII'f _ ... filIc!lhotwiawlttl~~lIIIlhot~""~ .".,.,.". ,. CDC. ~ __ ~..,.....,...IAlDIl...... tor __--.rlllilllfl. II6!MWIl I CDC.~'''2.'':.''-80.__ ~.~lAIl$l.~tor~"""""'_lIlIIiIoII orof_.w.twlIIH3,J2.'1lO-'. ,. CDC ~ IIIllI focur ~ 01 c:Ilbsft ~ ... "-T~... __ ~~__'....11:."-1'. 5 •. CDC IIIortIoIOn 01 ... __ WfMion 01 8CQooIinalI ...... ,11 " ICt .-tor IIlliIiIoIlIII \lIlllOIUlll-UftiIeIl S""tII LIMWl\ 1I~;II:,n- •. I. CDC. N:tf tor ~ ~ \IioII ~. IiIIIWR 'e!i;:ll:a,ll..M, ll2t-U.. , •. tea- SC./lolio L...... -Lilia Does r "" Iill6. 01 ~.""""*'" fa ~ ...... Wac! e:-,...,';2"". ,. Diars1I; .... Il'IIlDLI ~ ...... foooII;:IlIiI ...... iaflool>llalpsncllll!!lOl.!llI!eclioIII .. -...... -? AnlJ~ '8I2;".JIS.:Ill. .. """-CP. Me"""" J£.1oorQuioIllR.1II •.~oflos;Jl:lltia 'lalooa;lll!lt~_" f;lodomooI1I7Il,'01 :Ill.... e. ltorw MA. ...- LA. 11.. ... sf IfIil\/ ""'" CllllnltII ""'""""'" .. ,...... IllIDA , ..." ,0:aJI.lI. '0. _ SC. Soo1Ity IlL. AI:nIllOllll III. All ...... ,. 01 ~ • l:l • llioIIllII """"*'"- I¥a _ Msd '.I1'M;':I'.... n. Ccor1 fol ...... IlL. Fnroc:iIllll'.1iIoynood JE. ~ oIlw;>cl!1i1ll1u.....lot ... CI!i ...... • ~'. w;oc:orlllClwliclw .....- 1I181:;;;n,03. . U. GeotI La. WI1gIIt EC. z.mm.rn- 1U.1II .. TJIlI • '-""".,...,1lllSdlesliCl 8lIllQGlft: ~ """" "-lilio • ~ giol>uIin."'" _ Msd 117.....2..·1:1. 1:1. Gnldr Gf, .... \A, ...... Afol 1M ... 1Ie\>lItItiI • __ ;loboIin for ~....- ... IIlIdol:aI pe<'IOMIII 1iNI-'01.""""""'"~\IiII. J /meet Dol ,.,••, ,..425-. , •. hI/>;lr.aIaT.Itar1lu'.",'H..,'...... T.AI>I It. III II . ••II'lIlQlIIl ....~of__I ...... "lIilIlIa 11. CDC__. ....-.._of D:quirtlll-.'''2;22.'0'''' ~...... -WDSI. fIOlOI'IGI _-e;aoq _ 11. CDC.~",*_Somc:a_~~br"""""'cIIlNItlId...... , ¢umoo br lIIIlIIlbolIy ...... ClIlOM'lI 1lCqIliinIlI.... • dE ':', ICt ~ I6tWlI ' '":'.... . n. CDC.... \,tpcSIN. __ 01 ""'-' T"'.-_ ..... 1JllI·1Il/Irl.~_ r • .....lnf_in__....--_S_._' ;II,U..... , •. w.a litl. SaainQot WC. ~ D.lII". tITi.V.. inIlCfio11 .-.c::ono -'=n:..... lion with __injllrioe JAMA 1815;254 JSlb.1:I. 11. ~,.....:,,,..-..s,. __ of HTW" ....""*" -.. III A!oor:lI. .­ JC '""- JS lIP. ~ tor llocIoAi=n ..- ...... lIilIlIa CllI!lIIlII ' ..2r••2 m. 21. w.s...n. ww. Gui:IoIino torlolac:lion =-- in IldOCl e-'III,m;':3H-lle. 22. F_us SlIriIluIocn.lJUIfo:toon.lIIllI ill...... 1n 01 o-at...... 011' 41th IIIl AIfl8ric,an Socety lot -oC>cllollr. ~D.C. , '21-27. U. CDC GYocl

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.... Amid wide public concern about contractirig . 11 18 thlougb high.risk semaI activity involving AIDS 'from persons .who have it, the federal the exchange of body fluids or through infected government has issued wise and thoughtful blood. It cannot be transmitted through breathing, guidelines aimed at protecting the public health sneezing, coughing, touching or beinB in the same wb.ile dispelling the anxiety.' .' ." ".' room with aninfectedperSon. _:'-. .;. .'. ' The Department of Health and Human Services' The federal guidelines do not put 'the rights of Jias repeated once again that it is very hard to AIDS patients above the rights of the general . catch AIDS, and that there is no known instance of ·public. The guidelines seek to protect the pubJic· its having been transmitted by casual contact. As a health first and foremost. .The recommendations ~t, the department says, there is no need for are based on sOund medicaljudgment, and have the rOl1~e screening of workerS for the AIDS virus, inJpport of medical and public-health associations. and ,no need to restrict even food handlers and . Those who seek tougher rules, such as Rep•. hea.tPi-care workers who 'have the disease. In . William E. Dannemeyer (R-Fullerton), are using ihort, .there is no evidence that AIDS .can be the AIJ;>S epidemic lB'a cover for their political tr8nsniitted through normal contact in the work'- . agendas against homosexnals, who' account lor place:. ':. .' ~ . ..; .. ' .. ' three-quarters of the 14,'139 cases of the disease These guidelines, which are recommendations thathavebeen ~ to date. -...... ;. . only and do not have the force of law, should make . AIDS 18 a tragic disease that iI. taxing the clear once again that the public at large Is DOt at frontierS of medical knowledge and show,ing DO risIt from AIDS, which destroys the body's immune. signs of ~ting. People in the high-risk groups sYSl-em and its ability tofight offdisease. - :. - ~ '. should know by now what to do to reduce their . If. AIDS were spread Uu'ough casual aoclal chances of catching the disease. People outside the cOntjict, it would be uniformly distributed through high-risk groups should take heart from the new the population instead of being almost exclusively' federal guidelines and theunderlying message that concentrated in two high-risk groups-male· they convey: AIDS cannot be casually caughL As l\omosexuals and intravenous drug users. Every "public agencies and local legislatures debate ways shred of medical evidence about AIDS to date to control the ~, this conclusion cannot be ~po~ ~ ca~.,. ~~ ;:~' _~ ~>. ;.~ >~ .the conclusion that the only to repeated __ .. ::.... "l. •• ...... r... ~ . r. . -- _. --_._------'--'-.:.-"-_.. -,-

.... 4 ~- -.,"";'. --.' --.- ... ;~~~ ;~.:! ..... ~-~-'~.-P. .~ •.., ... C..tlauM from Pap1 "....'... " . ~':prepar8tioD Ill' ~'of iood lmd business organizaUona, Ia1:M:Jf ~:- .. beverapa..., '.' .' , ',New GuidelineS lobs and conimunity groups. tucll, ' The recommendations also q­ '.. ·the Chamber or Commerce. A' lest. that health-care worket'l take eover lettersentby the department precautions in dealing with blood "Likely on AIDS I 'with the euideline. emphasizes or bodily fiuidsfrom AIQS patients, that ~ is not an easydiBeaBe ~ and that health-care employees ;p. Workpl~ce ~i . ;Sl!:!f,:~~~~!f~:',~to~==- ~ ···"'~ms:or acquired immune .deft- .because there II -no evidencen.1be ,.', By wiu..ENE CIKONS.: ,\ ~...I) \ .ciency IIYDdrome, destroys the virus could spread. 10 patien UD- 7'imes Staff Writer : '. - body'. immune JYstem. leaving It: de: IDOIt. sltuatloDa. ,.::,; < ", " -: powerless againBtotherwiae rare ':, -." -'. . ,'.:" ':~:I' ~WASHINGTON-'Mi~ '~~ , ' iJifections. Itis transmitted through' Bo1itlAe SeneDbag Be~ " .. ' ment or Health and Human Ser- : aexuaJ. Contact-with the exchange . The guidelines warned, boweV­ ViCes' Is expected ,to recommend of ~y fluids such as semen and .',er, that there .. .'theoretical today"'yainst routine blood ~­ b~-and through the sharing of danger that AIDS eould ~ tran8- . J!ji!~~~~jP.iJ uilsterilizec1 hypodermic needles. h mltLed,through maJor, "invasive. bu.. also been spread through procedure8." in which there could '~'~~~~~e:~~Ne~ " .traDsf'usions of contaminated blood be an exchange of blood between ~e_¥irus."~PuWij: otJ?lood products, although the the patient and ,the health-care 1!~!!1.b_",Se,r.vice--official~.,,"~!:l,,~ ~ning procedure begun last professional. such as a surgeon or yeai'bas now made ~trisk ~t., ~tiBL The guidelines saI~ that ·w.~~'ii8ti;;}'·;delines ~ '1 l,.,.!r:· '. " ,. ,,' " more detailed'tecommendations fOl' not have the force of law but carry ,jJ:".".Se~ee Wor~ " .' ,1Uch practitionen are still in plOI-, considerable weight within the l1'bQse 'at highest riskincl~, 'ressand will beissued later. " ,public-health community. They male :bomosexuals and b~" The ',wdeline. aI80 recom';: will apply to workers in jobs where bltravenous drug users and their " mended, against routine blood there is no known exposure to steadi sexual partners. As of Mon-', screening or a1l,patien~ admitted . AIDS as well as to health-care diy, .there were 14.~ repOrted to bospit:aIs. saying such .,proce_: professionals and personal-sei-vice '~ana7,545deatha.·:.·.. ,,; .. dure is unlikely to. reduce the· ·workers. such as cosmetologists. ~ \1'.b~delines also urge that danger or AIDS transmission to who may come in contact with the j";> f~~l"Vlce_worJrenf~wn to be 'health-care workers. which is tIl- , disease intheirjobs. ' ,', , ~ .. . V,'~","~-=:=~~ ~~;-i:i? - No Mec11c:a1 Evldeaee' '. AIDS is not transmitted through in')De countr;Y are' ~1lI ve, . 'TI1ergcommelldati0ns'to I?e re- - ''''~ " --'-' ,• '- • ...;". .', •• '. ..,. • 'C'" ' ·~ri~~~:.:i ~" ~J,Dfeg~1df,h"1he 6~..:!Jr:Y!.· say that restrictive procedlD"e8 are ~', ~'~:b~~~~' '. unnecessary because there Is no ~ ."..me ~taIain certain ;eo­ 'medical evidence that AIDS is ••. graphic areas may deem It appro- ~ ;transmitted by the kind or casual contact that takes place in ·the. ~ts~~~~are::~ :.with-~·-~"--'··Of"-tJ1"":'diieue: . majority or workplaces. ,. J' "AIDS is a blood-borne, sexually ;:lDCluamg'S:-~asco:'Loe An-'. trimsmitted disease that is not .gelesand NewYorL ....,"; . ,"" ", ' spreadbycasual contaet,"a draftof : '.An earlier draft or ~e docUJDent the gui~e~nessaid. adding that the ~ also contained language "a!firDilng Public Health Service does not :' ' the obligation or the employer to . recommend '~'routine antibody : ' edLicate employees." acc0rdin8 to a . • screening." " , , IlIOUl'ce familiar with thedraft.. , T!te bl~ antibody test detects , , "The document reeomm'ended . . whether an individual bas been ~ that employers educate them not exposed to the AIDS vii-us. known t just about the spread of the disease, . as HTLV-ID, but does not mean . ~ but against unwarranted fear," he : that a person has or will develop , i 18kS.....:... : ..•.~':...... ~!··l:.{··u~~ .; .... ; the disease. It was introduced last '\' ; The CDC ball ab"eady Issued spring to safeguard the nation'. '. guidelines' recOmmtmdiD,g that t blood supply.' '. " " mosi schoolchfidren with AIDS be In a controversial action last . t allowed to ~t~nd;~; .:.~ :':.i::: ".' .' onth. however, the Pentagon an-: I . .. ounced it will use the test to . A reen all nillitary personnel for ~.)()sSlble exposure to the viruS. '-:" ,. I The departm~nt intendS 'to dis.: ibute the gUidelines to an'mem­ rs of CongresS. medical associa- .ons, insurance executive.", f. Please lee AIDS, PapU: -----. ~- ~ - --;~ .-... AIDS Workptace Guidelines Wdl PraiSe II! • ...... ~ But Danne~ey~r6~~\~ Continu:Fight to R~~~ '1ctims'!obs t~ .~. ··~·-r"TJ ...,f .. _t/':} ·• ... ,-I}.. ": ~_.t. .- :Continued from FareI· I The recommendations were quickly endorsed by the American Dental Assn., the American Nurs­ es' Assn., the American Public Health Assn., the U.S. Conference i of Local Health Officers, the Assn. : i ., c:afefully disCussed before Ii moves . of State and Territorial Health! forward. to ,:,:.__ '- _ •. ~ Officers, the National Assn. of; . AIDS destroys the body'. im-' County Health Officers, the Na-· m1D1e system, leaving It powerless tiona! Gay Task Force and the I against otherwise rare infectioria.lt American Foundation for AIDS· , is transmit~ througb semal con­ Research, a private fund-raising tact-with the exchange of bodily orga.ni.zation. . fluids such a:s semen and blood­ "The recommendations are eJ:- and througb the sharing of unster­ '1remely rational," said Dr, Gary llized hypodermic needles. It bas Simon. associate chairman of the also been spread through transfU.. ! department of medicine at George sions of contaminated blood Or f Washington University School of , blood prOd~ althoup a blood­ t .Medicine. "They take into account , screening procedure begun Jut ~. .the needs o.f -individuals infected, " ' yearhas DOW made thatrisksliibt..­ .i health-care and other workers and i. . Those at highest risk Include thepopUlation atJargct.:" . ( "male homosexnals and bisexuals, California Rep, Her,ry A. Wax-' (- intravenous drug users and their man (D-Los Angeles)\.chairman of ;. 8tea.dy sexual partners. .As ofMoD­ the' House Energy aria Commerce ~ ~day, there were 14,~ rePorted ~mmitteeonhealtJi, agreed. '.; : _ C8:8eBand ~,545dea~ ..~.~ .•..:...:. ';'. •••••'. • J, ".-.(."'~•• ...:.. "'I hope (this) wiD end the politicking about AIDS and AIDS scares," he said, calling \he recom-. mendations "'the best advice ofthe world'sexperts." ....\.. . _ Cole, asked about Dannemev~s

• ....0-·--....64 ..... "" ~'"'1"W04U""",, ",,~".o '""'U· ference. said she believ~ It does not "'have aU the facts ,tOgether." She .said: ".It needs to be very CITY HALL LOS ANGELES. CALIFORNIA 90012 OFFICE OF THE MAYOR TOM BRADLEY (213) 485-3311 MAYOR

August 30, 1985 RECEIVED Honorable Ernani Bernardi Councilman, Seventh District S'EP 4· '985 Roan 240, City Hall Los Angeles, CA. 90012 ERNANI BERNARDI Councilman, 7th District

Dear Councilman Bernardi:

This letter is in response to your August 26, 1985 request for further infonnation regarding my suggested amendments to the recently enacted AIDS anti-discrimination ordinance.

We all agree that the prim:u:y pur:pose of the AIDS ordinance is to educate the public. As you know, there is a great deal of misapprehension and misunderstanding concerning AIDS on the part of the general populace. It is certainly fair to say that many people have mistaken -- but good faith - beliefs about how the AIDS virus is transmitted.

Those people who harbor good faith, but mistaken, beliefs about AIDS need education, not punishn:ent. That is why, in my August 16, 1985 letter the City Council, I proposed an amendment to the ordinance's enforcerrent mechanism (Section 45.89). The purpose of my a:rrend:rtent is to assure that those with mistaken good faith opinions about AIDS are educated rather than punished, while those who maliciously discriminate against AIDS victims are prosecuted to the fullest extent of the law.

As my August 16, 1985 letter to the City Council made clear, I do not believe that the educational purposes of the AIDS ordinance are advanced if anyone with a good faith mistaken belief about AIDS can be civilly prosecuted in court and liable for campen.satory damages, court costs, attorneys' fees, and punitive damages. These rerredies are appropriate in cases where discrimination is intentional and malicious, not in cases where education and conciliation are appropriate. Consequently, I propose that the enforcerrent provision of the AIDS ordinance be limited in sCIre way.

There are at least three ways to alter the enforcerrent provision to make it consistent with the primary educational purposes of the ordinance.

'AN EOUAL EMPLOYMENT OPPORTUNITY-AFFIRMATIVE ACTION EMPLOYER" First, the ordinance could limit enforcement actions to the City Attorney only. In other words, potential plaintiffs would be required to bring their cases to the City Attorney. If the alleged discrimination is based solely on a good. faith, misktaken belief, the City Attorney could Ired.iate the dispute in a conciliatory fashion. If, on the other hand, the alleged discrimination is malicious and intentional, the City Attorney would be obligated to bring enforcement proceedings under the ordinance - including an action for punitive damages.

second, the ordinance's enforcement provision could include a "right of first refusal" clause. '!his right of first refusal provision would require aggrieved AIDS victims to bring their canplaints to the City Attorney first. Within thirty days, the City Attorney would be required to make a decision about bringing suit under the ordinance. If the City Attorney refuses to take action, the aggrieVed victims would be free to proceed in court, just·as the current enforcement provision contemplates.

Third, the ordinance's enforcement machanism could provide a "right to sue" provision. This provision would be similar to the procedures used by various federal and state agencies responsible for enforcing employm:mt discrimination statutes. Under the right to sue provision, aggrieVed parties would be required to bring their canplaints to the City Attorney first. If the City Attorney refused to take action within thirty days, the aggrieved parties could request a right to sue letter fran the City Attorney. This right to sue letter, if issued by the City Attorney, would pennit the aggrived parties to proceed in court, just as the current enforcerrent provision contemplates.

Each of these three alternative amendnents would help assure that those with good. faith mistaken beliefs about AIDS are not punished through judicial proceedings. Each of the alternative amendnents stresses conciliation instead of litigation, education instead of punitive sanctions. I urge the City Council to adopt one of these alternatives.

You have also asked alx>Ut certain arcendnents that may be necessary to make the ordinance canpletely consistent with state law. I have expressed my concerns about potential inconsistencies with state law to the City Attorney; I will infonn you of his response.

I trust that this letter is an adequate response to your questions. If you hve any further concerns, please do not hesitate to contact ma, Deputy Mayor Tam K. Houston (ext. 5-5185), or Mark D. Fabiani, Counsel to the Mayor (ext. 5-3304). I- look forward to working with you and the Council on this matter.

SincerelY,. d d~/)~72/ Tam Bradley . MAYOR . QIil!! QIounril of the QIit!! of 1I10s 1\ngclcs

ROOM 240, CITY HALL LOS ANGELES, CALIF: SOOl2 lErnnni iernllrhi (213) 48S-3671-LOS ANGELES (8IB) S8S-8S03-VAN NUYS COUNCILMAN SEVENTH DISTRICT

August 26, 1985

Honorable Tom Bradley Mayor, City of Los Angeles Room 305, City Hall

Dear Mayor Bradley: Your letter of August 16, 1985 to the City Council relative your suggested amendments to the AIDS' ordinance has been referred to my Committee on Public Health, Human Resources and Senior Citizens.

One amendment suggests limiting enforcement action to the City Attorney. It appears, therefore, that you are recommending deletion of Section 45.89, which presently would allow people who suffer damages to sue to recover losses.

Further, you state that certain amendments may be required to make the ordinance completely consistent with state law.

I would appreciate a clarification of your suggested amendments which would provide a sound basis for the Committee's review of the ordinance.

Sincerely, (o~ ERNANI BERNARDI Councilman, Seventh District

EB:cm For these reasons, I believe that the City Council should amend the ordinance's enforcement provisions to limit enforcement authority to the City Attorney only.

I also believe that certain amendments may be required to make the ordinance ca.rrpletely consistent with state laws. I will be discussing these amendments with the City Council and the City Attorney.

Despite the concerns I have expressed, I believe that the ordinance I am signing today represents an important and ca.rrpassionate step for the City of Los Angeles to take. col ~il File 85-0869-S1

f.'!'1'oJ 1. ,, __...... -··__...... CITY HALL OFFICE OF THE MAYOR TOM;;:'S'RADLEY LOS ANGELES, CALIFORNIA 90012 MAYOR ' (213) 485-3311 August 16, 1985

Council of the City of Los Angeles

Honorable Members:

I have approved the urgency ordinance you adopted on August 14, 1985, to help counter public misapprehensions about the spread of Acquired Irnrrn.me Deficiency Syndrome (AIDS) and stem discriminatory practices against individuals who are perceived as victims or potential carriers of the disease.

The Council, I am sure, agrees that the principal intent of this law is to educate the public and prevent hysteria, a worthy goal which I fulJy support.

I am signing the AIDS Anti-Discrimination Ordinance because I have received careful assurances from the County Health Department and other medical experts that, to a degree of medical certainty, medical authorities are sure that AIDS is not transmitted through the sort of casual contact dealt with by the ordinance.

After careful study of the ordinance, however, I believe that the City Council should consider some important amendments to the ordinance's enforcement provisions. Because public education and conciliation are the primary functions of the AIDS Anti-Discrimination Ordinance, I believe it is appropriate for the City Council to amend some of the ordinance's more onerous enforcement mechanisms.

As currently drafted, the ordinance pe:rmits "any aggrieved person" or "any person or entity which will fairly and adequately present the interests of the protected class" to bring civil actions. These enforcement provisions are not completely consistent with the ordinance's primary goals of public education and conciliation. On the contrary, these provisions might generate costly lawsuits against individuals who are acting out of a good faith --if mistaken-- belief about the causes of AIDS. Such individuals, who are ignorant of the causes of AIDS, do not deserve to be punished; they need to be educated.

In light of the ordinance's primary goals, I believe it is apropriate for the City Council to amend the ordinance to pe:rmit only the City Attorney to bring enforcement actions. The City Attorney is in an excellent position to assure that the ordinance is implemented in an educational and conciliatory manner. The City Attorney would guarantee that civil lawsuits are brought only against those who act maliciously against AIDS victims. Likewise, the City Attorney would enable those who act out of ignorance to be educated instead of civilly prosecuted in court. AUG 16 1985 /:::>~~J.').dJt- liZ ~ __ : 1 i ". __.•• (('<:::?/Ure"G'.': /--r"'~ - .-;.... <;;;:::" / AN EQUAL EMPLOYMENT OPPORTUNITY-AFFIRMATIVE ACTION EMP~YER.'.' ~.. " '.' _ fI" . . . , __ .,.. .' ., I, J:ITY OF Los ANGEL!L.3 CALIFORNIA ELIAS MARTINEZ OFFICE OF CITY CLERK CITY CLERK

ROOM 395, CITY HALL LOS ANGELES, CA 90012 485-5705

WHEN MAKING INQUIRIES RELATIVE TO THIS MATTER, REFER TO FILE NO.

T0M BRADLEY 85-0869 Sl MAYOR

August 16, 1985

~UBLIC HEALTH, HUMAN RESOURCES AND ~ ~l SENIOR CITIZENS COMMITTEE

At the meeting of the Council held August 16, 1985,

communication from the Mayor, requesting amendment to

enforcement provisions of Ordinance prohibiting the

discrimination of persons with AIDS, to limit said

enforcement authority to the City Attorney only; also,

that certain amendments may be required to make the

ordinance completely consistent with state laws, was

referred to the PUBLIC HEALTH, HUMAN RESOURCES AND

SENIOR CITIZENS COMMITTEE.

~~h'\~ City Clerk C) ab

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Aid for AIDS 7985 Santa Monica Boulevard Suite 109-171 West Hollywood, CA 90046

AIDS Project/Los Angeles 937 North Cole Avenue Suite 3 Los Angeles, CA 90038

Gay/Lesbian Community Service Center L 1213 North Highland Avenue Los Angeles, CA 90038

Long Beach Health Department 2655 Pine Avenue Long Beach, CA 90806

Orange County, AIDS Reponse Program 12832 Garden Grove Boulevard Suite 200 Garden Grove, CA 92643

San Diego AIDS Project P.O. Box 81082 San Diego, CA 92138

Tri-County AIDS Project 300 San Antonio Road Santa Barbara, CA 93110

California Association of Health Facilities 5225 Wilshire Boulevard, Suite 900 Los Angeles, CA 90036

Hollywood Health Center 1462 North Vine Hollywood, CA 90028 Attention: Bernard McNamara M.D.

Jaak Hamilton 480 South Robertson Boulevard Beverly Hills, CA 90211 Municipal Elections Committee of L.A. 7985 Santa Monica Boulevard, Suite 204 Los Angeles, CA 90046 Attention: Bill Melamed

Alan K. Malyon 3210 DeWitt Drive Los Angeles, CA 90068

County of L.A. Dept. of Mental Health 4759 Hollywood Boulevard Los Angeles, CA 90027 Attention: Ford H. Kuramoto

The Communication Works 642 1/2 North Robertson Boulevard West Hollywood, CA 90069 Attention: Laurie Shane

American Cancer Society 601 South Ardmore Avenue Los Angeles, CA 90005 Attention: Jim LaMaida

Larry R. Ryan M.D. 9033 Wilshire Boulevard Suite 406 Beverly Hills, CA 90211

UCLA AIDS Center Los Angeles, CA 90024 Attention: Michael S. Gottlieb

Russell Hunter 507 3/4 Glenrock Los Angeles, CA 90024

St. Augustine's Episcopal Church 1227 Fourth Street Santa Monica, CA 90401 Attn: Malcolm Boyd

Gay & Lesbian Community Svcs. Ctr. 1213 No. Highland - P. O. Box 38777 Los Angeles, CA 90038 Attn: John L. Brown i Communicable Disease Control Dept. of Health Services 313 No. Figueroa St., RID. 212 Los Angeles, CA 90012 Attn: Shirley L. Fannin, M.D.

Public Health Programs Dept. of Health Services 313 No. Figueroa St., RID. 924 Los Angeles, CA 90012 Attn: Mar~in D. Finn, M.D.

Hospital Council of So. Calif. 6255 Sunset Boulevard Los Angeles, CA 90028 Attn: Stephen W. Gamble

Dept. of H~alth Services Drug Abuse Program Office 849 So. Br0adway, 11th Floor Los Angeles, CA 90014 Attn: Irene G. Gibson

Hemophilia Foundation of So. Calif. Childrens Hospital ~4650 Sunse~ Boulevard Los Angeles, CA 90027 Attn: Edward D. Gomperts, M.D.

Andre F. Henry, M.D. 443 South Soto Los Angeles, CA 90033

USC School of Dentistry Dept. of Microbiology & Immunology 7060 Hollywood Boulevard, #414 Hollywood, CA 90028 Attn: Ronald D. LeBaron, D.D.S.

LAC/USC Medical Center 1200 North State Street, RID. 6442 Los Angeles, CA 90033 Attn: John M. Leedom, M.D.

AIDS Project/Los Angeles and L.A. Society of Clinical Psychologists 3210 DeWitt Drive Los Angeles, CA 90068 Attn: Alan K. Malyon, Ph.D.

AIDS Project/Los Angeles 937 North Cole, #3 Los 'Angeles, CA 90038 Attn: William J. Misenhimer USC School of Medicine Edmundson Cancer Research Bldg. 1840 North Soto, Rm. 110 Los Angeles, CA 90032 Attn: James W. Mosley, M.D.

Steve Pieters 1938 Mayview Drive Los Angeles, CA 90027

AIDS Project/Los Angeles and L.A. Society of Clinical Psychologists 3210 DeWitt Drive Los Angeles, CA 90068 Attn: Allan T. Pinka, Ph.D.

Lawyers for Human Rights 8211/2 Supierba Avenue Venice, CA 90291 Attn: Matt St. George, Esq.

Gay & Lesbian Commmunity Svcs. Ctr. & Los Angeles Municipal Court ;l10 North Grand Avenue Los Angeles, CA 90012 Attn: Hon. Rand Schrader

Kaiser Permanente Hospital 1050 West Pacific Coast Highway Harbor City, CA 90710 Attn: Neil Schram, M.D., CHAIR

MECLA 7985 Santa Monica Blvd., 109-320 West Hollywood, CA 90046 Attn: Larry Sprenger

American Red Cross Blood Service 1130 South Vermont Los Angeles, CA 90006 Attn: Paul R. Thompson, M.D.

AIDS Project/Los Angeles and UCLA School of Medicine 1376 Devlin Drive Los Angeles, CA 90069 Joel D. Weisman, D.O.

Los Angeles County Medical Assn. Childrens Hospital 4650 Sunset Boulevard Los Angeles, CA 90027 Attn: Kenneth Williams, M.D. John E. McReynolds, D.D.S. 8515 West Venice Boulevard Los Angeles, CA 90034

Supervisor Edelman's Office 821 Hall of Administration Los Angeles, CA 90012 Attn: Jim Moreno

Special Counsel to Director of Health Services 313 North Figueroa Street Los Angeles, CA 90012 Attn: Rob Saltzman

Dan Demoss Dept. of Mental Health 4759 HollyWood Boulevard Los Angeles, CA 90027

Janice Foster L.A. County Medical Association 1925 Wilshire Boulevard Los Angeles, CA 90057

Thea Foglitea-Silverston 570 North Rossmore, #612 Los Angeles, CA 90004

Wade Piston L.A. County Medical Assn. 1925 Wilshire Boulevard Los Angeles, CA 90057

MECLA 7985 Santa Monica Boulevard Suite 204 West Hollywood, CA 90046-5112

Ted Goldstein City Attorney's Office Room 1800, City Hall East Stop #140

Ramona Ripston ACLU Legal Assistance 633 Shatto Place Los Angeles, CA 90005 Thomas F. Coleman Attorney and Counselor at Law P.O. Box 6383 Glendale, CA 91205

KLYT Bath House 132 East 4th Street Los Angeles, CA 90013

Healthworks 2114 Hyperion Avenue Los Angeles, CA 90027

Mac's 2801 Hyperion Avenue Los Angeles, CA 90027

Cypress Baths 5291 Fountain Avenue Los Angeles, CA 90028

CBC 4424 Melrose Avenue Los Angeles, CA 90029

The Hollywood Spa 1650 North Ivar Avenue Los Angeles, CA 90028

Melrose Baths 7269 Melrose Avenue Los Angeles, CA 90046

Roman Holiday 12814 Venice Boulevard Los Angeles, CA 90066

Midtowne Spa 615 South Kohler Street Los Angeles, CA 90021 Carol Sands 1730 North Western Avenue Los Angeles, CA 90027

PT 1202 1202 East Anaheim Street Wilmington, CA 90744

The Compound 5636 Vineland Avenue North Hollywood, CA 91601

Glens 1350 Club 4653 Lankershim North Hollywood, CA 91602

Corral Club 3747 Cahuenga Boulevard North Hollywood, CA 91604

Roman Holiday 14435 Victory Boulevard Van NUys, CA 91401

Serpent 8 Club 4119 Burbank Boulevard Burbank, CA 91502

Silver Saddle 4434 Fountain Avenue Los Angeles, CA 90029

Manspace 5524 Santa Monica Boulevard Los Angeles, CA 90038

Glens for Men 510 West Anaheim Street Wilmington, CA 90744 Glen E. Moering Glens for Men P.O. Box 2987 Seal Beach, CA 90740

Holiday Health Clubs of Calif 7080 Hollywood Boulevard Los Angeles, CA 90068

Toluca Lake Tennis Club 6711 Forest Lawn Drive Los Angeles, CA 90068

Fitness Centers P.O. Box 71606 Los Angeles, CA 90071

David M. Crandall Sundance Tanning Center of Studio City 11421 Moorpark Street North Hollywood, CA 91602

Donald F./Denise G. Mertz 8330 Foothill Boulevard Sunland, CA 91040

Chevy Devco Health Club Inc. West L.A. Health Club 3280 Motor Avenue Los Angeles, CA 90034

Natural Tan Salons Inc. 19720 Ventura Boulevard, #A Woodland Hills, CA 91364

Barbara C. Paysinger Trop-Tan Tanning Salon 18676 Ventura Boulevard Tarzana, CA 91356

James C. Victor Hair Forum 22547 Ventura Boulevard Woodland Hills, CA 91364 Sanwa Health Spa Inc. 120 South Los Angeles Street Los Angeles, CA 90012

Gotcha Inc. Workout Wearhouse 8960 Corbin Avenue Northridge, CA 91324

Charles Murphy Gym N Swim P.o. Box 1369 South Gate, CA 90280

Fleck/Associationes Inc. CBCLA P.O. Box 88 Coconut Grove, FL 33133

European Tan Inc. 19300 Rinaldi Street Northridge, CA 91326

Pastels International LTD Pastels by Cecilia 4325 Woodman Avenue Sherman Oaks, CA 91423

Basic Plumbing Inc. P.O. Box 69502 Los Angeles, CA 90069

Leatrice J./Carl Manogian Family Affair Tanning Salon 9058 Tampa Avenue Northridge, CA 91324

Holiday Spa Health Clubs of Calif. 2029 Century Park East #2810 Los Angeles, CA 90067

Maria L. Shepard/Lisa M. Pacifici 17905 Ventura Boulevard Encino, CA 91316 United Mens Health Clubs Inc. 2172 Moreno Drive Los Angeles, CA 90039

So Calif Nautilus Fitness Centers Inc. Nautilus Plus 19732 MacArthur Park #146 Irvine, CA 92715

YMCA MarArthur Park BR#02 818 West 7th Street #10FL Los Angeles, CA 90017

Mid Valley Racquetball/ Athletic Club in Accounting 18420 Hart Street Reseda, CA 91335

Palos Verdes Health Spa of San Pedro 28046 South Western Avenue San Pedro, CA 90732

Daniel J. Prunk Todays Tan Northridge 19719 Nordhoff Street Northridge, CA 91324

Margaret C./Joanne R. Young Satin Nails 22740 Roscoe Boulevard Canoga Park, CA 91304

The Hot Tub Spa/Sauna Inc. Le Hot Tub Club 10932 Santa Monica Boulevard Los Angeles, CA 90025

Marina Athletic Club Inc. 826 Oxford Avenue Marina Del Rey, CA 90292

8709 Inc. 8709 West 3rd Street Los Angeles, CA 90048 Le Beach Club Inc. 1705 Pico Boulevard, #116 Santa Monica, CA 90405

Robert Carreiro Physical Fitness Inc. 722 North La Cienega Boulevard Los Angeles, CA 90069

Kathleen M. Long/Jeanne T. Driessen The Hair & Nail Shoppe 22300 Mandell Street Canoga Park, CA 91303

Los Angeles Police Revolver/ Athletic Club P.o. Box 1591 Los Angeles, CA 90053

The University Club of Los Angeles 640 West 6th Street Los Angeles, CA 90017

Kathryn A. Shelley/Thomas J. Panella Suntans To Go 3650 Regal Place, #38 Los Angeles, CA 90068

Jiffy Tan Inc. 13450 Maxella Avenue, #G120 Marina Del Rey, CA 90291

Sun Lovers Inc. 9305 West Pico Boulevard Los Angeles, CA 90035

Samson Line Inc. Tan Fitness 9157 Reseda Boulevard Northridge, CA 91324

The Ultimate Body Inc. The Ultimate Body 3575 West Cahuenga Boulevard, #120 Los Angeles, CA 90068 William Miller/Twenty-One Supreme Ct Sports Center 7030 Hayvenhurst Avenue Van NUys, CA 91406

Jung Suk Kim Vermont Sauna 932 South Vermont Avenue Los Angeles, CA 90006

Henry C. Booker/Alvin R. Dickens Rockys Racquet World 13527 Ventura Boulevard Sherman Oaks, CA 91423

Richard J. Grossi Los Angeles Body & Health 8053 Beverly Boulevard Los Angeles, CA 90038

Georgia A. Benson/Shirley A. Deaton A Tan For All Seasons 1991 Mount Shasta Drive San Pedro, CA 90731

Sports Industries Inc. Beverly Hills Health/Fitness P.O. Box 358 Surfside, CA 90743

Holiday Spa Health Clubs of Calif. 2029 Century Park East #2810 Los Angeles, CA 90067

Sakae Kawata/Gordon S. Hansen/et al Racquetball World 22225 Sherman Way Canoga Park, CA 91303

Earl D. Gallegos/Thomas Smith E/TS Fun n Fitness 6830 De Sota Avenue Canoga Park, CA 91306

Bijan E./Parviz E. Damavandi Sasson Tanning Salon 13907 Ventura Boulevard, #103 Sherman Oaks, CA 91423 National Trust Deed Corp. Studio City Tanning Salon 12266 Ventura Boulevard Studio City, CA 91604

Martin J. Slatsky Truly Tan 22968 Victory Boulevard, #118 Woodland Hills, CA 91367

Michael/Irene Orlov All About Nails/You 9625 Sylmar Avenue, #10 Panorama City, CA 91402

PEG Enterprises Inc. Body Commitment 12723 Ventura Boulevard Studio City, CA 91604

Ronald H./Martha T. McWhinney A Tan For All Seasons 8678 Lindley Avenue Northridge, CA 91325

Solstice Tanning Salon Inc. Sundance Tanning Salon 17627 Ventura Boulevard Encino, CA 91316

3 MCS Inc. Macs 2801 Hyperion Avenue Los Angeles, CA 90027

Hollywood Spa Inc. 1650 North Ivar Avenue Los Angeles, CA 90028

Coast/Valley Spas Inc. P.O. Box 309 Simi Valley, CA 93062

Westwood House Hotel Inc. Westwood Marquis Hotel 930 Hilgard Avenue Los Angeles, CA 90024 Pi-Aqua Inc. 5636 Vineland Avenue North Hollywood, CA 91601

The Hot Tub Spa/Sauna II Inc. Le Hot Tub Club 8054 West 3rd Street Los Angeles, CA 90048

David M. Talley et al Sports Connection 5251 Sepulveda Boulevard Van Nuys, CA 91411

Stephen L. Downard 2114 Hyperion Avenue Los Angeles, CA 90027

James D. West/Edward J. Seltzer L.A. Water Works 16633 Ventura Boulevard, #1011 Encino, CA 91436

Rancho Verde Racquet Club 28000 South Western Avenue San Pedro,CA 90732

Edward A. Maris Bodycenter 8711 West 3rd Street Los Angeles, CA 90048

Sun King Inc. 4405 Woodman Avenue Sherman Oaks, CA 91423

Mafalda E. Figueroa 18366 Ventura Boulevard Tarzana, CA 91356

Sandra R. Castro Nails Plus 22580 Ventura Boulevard Woodland Hills, CA 91364 Yie-Bin Ko KLYT Bathhouse 132 East 4th Street Los Angeles, CA 90013

Giovanni G. Bellini Sculptures LTD 8330 West 3rd Street Los Angeles, CA 90048

Edward E. Segal The Health Connection 5456 Centinela Avenue Los Angeles, CA 90066

Imperial Spa Inc. P.O. Box 5707 Fullerton, CA 92635

Eilene H. Hamel Sun Life Solarium 17533 Chatsworth Street Granada Hills, CA 91344

Zahava Ben-Gal/Michelle Brickman 17070 Ventura Boulevard Encino, CA 91316

Sea Oh Choi Lions Health Spa 4551 West Pico Boulevard Los Angeles, CA 90019

Uvasun of Hollywood Inc. 8242 West 3rd Street Los Angeles, CA 90048

Sil Kun Yom Olympic Health Center 3915 West Olympic Boulevard Los Angeles, CA 90019

Yoon B. Chun/Dwight Chang Kim Vermont Sauna 932 South Vermont Avenue Los Angeles, CA 90006 Fun-N-Fitness Corp. 8201 4th Street, #D Downey, CA 90241

Honey L./John R. Rupe Get Tan 9907 Topanga Canyon Boulevard Chatsworth, CA 91311

Tokyo Golf Club 219 South San Pedro Street, #B Los Angeles, CA 90012

Strong Inc. City Gym 1054 Byram Street Los Angeles, CA 90015

Walter B. Harrison/David B. Stone Midnight Sun 21809 Ventura Boulevard Woodland Hills, CA 91364

Vortex Management Systems Inc. 1964 Westwood Boulevard Los Angeles, CA 90025

Zarouhie Aghishian Hair Flash 18547 Ventura Boulevard Tarzana, CA 91356

Daniel J. Prunk/Timothy N. Williams Todays Tan 20855 Ventura Boulevard Woodland Hills, CA 91364

The Midtowne Spa Inc. 615 South Kohler Street Los Angeles, CA 90021

Jan Louise Blye 17418 Ventura Boulevard Encino, CA 91316 Geoffrey G. Kiesel/Mark L. Morze Galleria Fitness Center 15303 Ventura Boulevard Sherman Oaks, CA 91403

Bio-Tan Inc. 15928 Ventura Boulevard Encino, CA 91436

Northridge Aerobics/Nautilus Unlimited 623 South Central Avenue Glendale, CA 91204

Patricia A. Spann Patricia & Co. 8415 Reseda Boulevard Northridge, CA 91324

YMCA Westchester, #34 818 West 7th Street, #10FL Los Angeles, CA 90017

Martin Benson Melrose Baths 7269 Melrose Avenue Los Angeles, CA 90046

Roman Holiday Inc. Roman Holiday Health Club 12814 Venice Boulevard Los Angeles, CA 90066

Saubring Corp. The Corral Club 3160 Coldwater Canyon Avenue Studio City, CA 91604

The Wellington Club 1202 East Anaheim Street Wilmington, CA 90744

Valley Holiday Inc. Roman Holiday Health Club II 14435 Victory Boulevard Van Nuys, CA 91401 Frank Van Der Nagel 5126 Lankershim Boulevard North Hollywood, CA 91601

Byoung Hee Yoon Serrano Health Club/Beauty Salon 4245 West 3rd Street Los Angeles, CA 90020

Kathareen B. Stotmore Classy Hands/Tans 9034 Balboa Boulevard Northridge, CA 91325

CR/W Management Co. Inc. Olympia Health Club 18167 Chatsworth Street Granada Hills, CA 91344

Jan M. Sirchuk/William Rodriguez 14540 Friar Street Van Nuys, CA 91401

Douglas B. Kays/Donald C. Clark III Le Tan Naturel 4254 Lankershim Boulevard North Hollywood, CA 91602

RRB Inc. Studio City Health Club 12059 Ventura Place Studio City, CA 91604

Miss Sibyl Day Litt & Stormer 3550 Wilshire Boulevard Suite 1200 Los Angeles, CA 90010

Craig Hume Mixner/Scott, Inc. 8150 Beverly Boulevard Suite 201 Los Angeles, CA 90048

Roger L. Kohn Attorney-at-Law 524 Eleventh Street Manhattan Beach, CA 90266 Los Angeles City Council File No. 85-0869 S2 AIDS·ORDINANCE

EXPENSE

1-5-86 thru 6-30-86 PERSONNEL . 12.6 Pay Periods

1 Deputy City Attorney II $ 22,549 Code 0551, $1,789.60 Bi-Week1y

1 Legal Secretary I 9,647 Code 0580, $765.60 Bi-Week1y

1 Hearing Officer 13,802 Code 0563, $1,095.36 Sub-Total 45,998

FURNITURE & EQUIPMENT

2 Desks, Double Pedestal 500 1,000 2 Chairs, Rotary Arm 308 616 1 Desk, Typist 640 640 1 Chair, Posture 188 188 4 Chairs, Guest 198 792 2 Tables 170 340 2 Files, 4-drawer 223 223 1 Bookcase 192 192 2 Dictation/Transcribers 425 850 1 Typewriter 622 622 Sub-Total 5,463

TOTAL PACKAGE $51,461 I.

\

0121-11682 (B)'

TO DATE COUNCIL FILE No. The Council

FROM COUNCIL DfsTRICT The Mayor All

Transmitted for your consideration. See City Administrative Officer report attached.

MAY 0 R

CAD 649-d REPORT FROM

CITY OFFICER

TO DATE The Council 11-6-85

REFERENCE COUNCIL FILE No.

Request from the Finance and Revenue Committee 85-086952 for CAO Report. SUBJECT COUNCIL DISTRICT AIDS Discrimination Ordinance All

SUMMARY At the Council's meeting of August 20, 1985, on a motion by Councilman Wachs seconded by Councilman Woo, the City Administrative Officer and the City Attorney were instructed to identify what additional resources would be necessary to enforce the City's AIDS discrimination ordinance.

The City Attorney's Office submitted a schedule to the City Administrative Officer which identified one position of Deputy City Attorney II, one position of Hearing Officer, and one Legal Secretary I as personnel necessary to enforce the ordinance. Office furniture and equipment for these positions were also requested.

Based on our review, we have determined that these positions are sufficient to meet the initial workload of enforcing the AIDS ordinance and recommend that they be approved and funds totalling $67,534 for salaries and $5,027 for equipment be appropriated therefore.

RECOMMENDATIONS

That the Council, subject to the approval of the Mayor:

1) Authorize, by resolution, the City Attorney to employ the following positions for the period October 14, 1985 to June 30, 1986.

No. position Code Bi-weekly Salary

1 Deputy City Attorney II 0551 $1789.60 1 Hearing Officer 0563 $1095.36 1 Legal Secretary I 0580 $ 765.60

(Recommendations continued) I( \\ ' CITY ADMINISTRATIVE OFFICER

CAD 649 CAO FILE No. PAGE •• 012l-ll682(B) 2

2) Appropriate $67,534 from the Unappropriated Balance to the City Attorney's BUdget (Fund 11200), Account 101, Salaries General.

3) Appropriate $5,027 from the Unappropriated Balance to the City Attorney's Budget (Fund 11200), Account 730, Equipment.

(Statement of Findings attached)

CAO 649A CAO FILE No. PAGE (12l-ll682(B) 3

FINDINGS

1. Request

At its meeting of August 20, 1985 the Council directed the offices of the City Administrative Officer and the City Attorney to indicate what fiscal resources were needed to enforce .the City's AIDS discrimination ordinance and to report these findings to the Council.

2. Background

On August 16, 1985, the Los Angeles City Council enacted ordinance #16029 which prohibits discrimination in employment, housing, medical and dental services, business establishments, city facilities, city services and other publice accommodations against persons having the medical condition known as Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto.

To date four attorneys have spent approximately 200 hours on workload created by the AIDS discrimination ordinance. These duties are in addition to their previously' scheduled workload. The City Attorney's Office believes that much of the work performed can be done by a hearing officer and a legal secretary. Thus, one Deputy City Attorney II, one Hearing Officer and a Legal Secretary I are being requested at this time. We believe this level of staffing is appropriate. If additional personnel are necessary, they should be requested in -conjunction with the 1986-87 budget request.

3. Recommended Actions

Approval of these positions require an appropriation of $67,534 for the remainder of this fiscal year. Since it will be necessary to purchase equipment and furniture for these new positions, an appropriation of $5,027 into the City Attorney's equipment account will also be necessary. Total expenditures for this year will be $72,561. If these costs are annualized, the total funds required would be $97,924.06

I V / f2~ ~ (]~t~ Maria R. Cardenas Administrative Analyst

APPROVED:

l~~~C:--V~/ j? r-> /" dk;., ssistant City Administrative Officer

MRC:vp

9375B-7llA CAD 649A [C)ITY OF Los ANGELE~

CALIFORNIA .. i ,:Ur'!!NISTR/iT/VE OFfiCE OFFICE OF ELIAS MARTINEZ CITY CLERK CITY CLERK "85 AUG 23 PM 2 37 ROOM 395, CITY HALL LOS ANGELES, CA 90012 485-5705

WHEN MAKING INQUIRIES RELATIVE TO THIS MATTER, REFER TO FILE NO. 85-0869-82 TOM BRADLEY MAYOR

August 22, 1985

Mr. Keith Comrie City Administrative Officer Room 300, City Hall East

Dear Mr. Comrie:

Pursuant to instruction of the Finance and Revenue Committee there is herewith transmitted subject file relating to a Council Motion (Wachs-Woo) which proposes that the Finance Committee, together with the City Attorney and the City Administrative Officer, determine whether any additional resources are required to effectively enforce the City's new AID8 discrimination ordinance.

It is respectfully requested that this matter be reviewed by your Office and that a report and recommendation thereon be submitted to the Committee for its consideration.

Ric ard H. Bow rs Legi lative Assistant Finance and Revenue Committee

cc: City Attorney

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER -vITY OF Los ANGELt-J CALIFORNIA ELIAS MARTINEZ OFFICE OF CITY CLERK CITY CLERK

ROOM 395, CITY HALL LOS ANGELES, CA 90012

485-5705

WHEN MAKING INQUIRIES RELATIVE TO THis MATTER. REFER TO FILE NO.

85-0869 82 TOM BRADLEY MAYOR

August 20, 1985 ~INANCE AND REVENUE COMMITTEE

At the meeting of the Council held August 20, 1985,

Motion (Wachs-Woo), attached to the file, was referred

to the FINANCE AND REVENUE COMMITTEE.

City Clerk ab

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER MOT ION

I move that the Finance Committee, together with the City Attorney and the CAO, determine whether any additonal resources are required to effectively enforce the City's new AIDS discrimination ordinance, and report its recommendations to the Council as soon as possible. '_c:2~~~~j1~~~~~~ Presented by__ ~WACHS _ Councilman, 2nd District

Seconded by I/~(A SOu·' M:tKE woo --..-- Councilman, 13th District . "

'. File No. 85-0869-S2

TO THE COUNCIL OF THE CITY OF LOS ANGELES

Your FINANCE AND REVENUE Committee

reports as follows:

The 'City Administrative Officer determined that the requested positions are sufficient to meet the initial workload of enforcing the AIDS ordinance.

When this matter was considered by the Finance and Revenue Committee, the two members present could not agree upon the matter. The recommendation of the City Administrative Officer is submitted without recommendation for Council disposition.

Respectfully submitted,

LRM 12-12-85

\

-2- :ITY OF Los ANGELE/ CALIFORNIA - t ELIAS MARTINEZ OFFICE OF CITY CLERK CITY CLERK

~ --,; , ROOM 395. CITY H~LL .~( ...'''' , LOS ANGELES.• CA 90012

485·5705 WHEN MAKING INQUIRIES REL.ATIVE TO THiS MATTE:R, REFER TO FILE NO.

85-0869-S2 TOM BRADLEY MAYOR

December 18, 1985

City Attorney Personnel Department City Employees' Retirement System Treasurer City Administrative Officer Controller: Room 220; Accounting Division; Disbursement Division Data Service Bureau Councilmembers Yaroslavsky Cunningham Wachs Woo

At the meeting of the Council held December 13, 1985, the attached Substitute Motion (Yaroslavsky-Cunningham), in lie~ of the Finance and Revenue .Committee report, was adopted. The President ordered said report filed.

On December 17, 1985 the Mayor concurred in the, above action.

City Clerk jd Attachment

.1

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER \~ \1/....) DEC 17 1985

CITY HALL OFFICE OF THE MAYOR TOM BRADLEY LOS ANGELES, CALIFORNIA 90012 MAYOR (213) 485·3·311 DEC 1? 1985

Council of the City of Los Angeles

Honorable Members:

I concur in your action of December 13, 1985, and hereby approve the appropriation of $51,461 from the Unappropriated Balance to the City Attorney Fund, of which $45,998 should be placed in Salaries General Account No. 101, and $5,463 should be placed in Furniture, Office and Technical Equipment Account No. 730 relative to three positions within the City Attorney's Office.

In addition, I approve all other recommendations specified in the attached Motion.

Council File No. 85-0869, Supplement No.2, is returned herewith.

Yours truly,

~~RADLEY r1ayor

DEC 18 1985 :..,. I ~ITY OF Los ANGELbd CALIFORNIA ELIAS MARTINEZ OFFICE OF CITY CLERK CITY CLERK

ROOM 395, CITY HALL LOS ANGELES, CA 90012

485-5705 WHEN MAKING INQUIRIES RELATIVE TO THiS MATTER, REFER TO FILE NO.

TOM BRADLEY 85-0869 S2 MAYOR

December 13, 1985

Honorable Tom Bradley, Mayor (with file)

At the meeting of the Council held December 13, 1985, the attached Substitute Motion (Yaroslavsky-Cunningham), in lieu of the Finance and Revenue Committee report, was adopted. The President ordered said report filed. The file is being transmitted to you FORTHWITH for concurrence.

~~~~

City Clerk ab Attachment

AN eQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER b.S Acq1.lLred Imnun.e Defici8ncy S.J11clcome (AIDS) or any cOLcition relat'2d tllereto; and

:

998,~ 1986 "chru J'une 30 .. 19::36 for a. salaz}" total of $45 7 00;'

"'.(lel -2-

lIiCH, TI-{i.:;rT':ECFE, I. Jl;DV:E tllat b'1e Council,. subject to tl:l(::; approval of t11"7:

1. Inst.ruct the Office of the City 1\drrLi.ni3tradv2 Office}:, to provid17;\ U-~~;

Hearing Officer' thl'ough slJhstitute authority for the pe.;-_-icds of

2. AppropJ.:'iate $51,461 from the Unappcopriated Balance to the City

Atb.::;rL':::~Y Fund of T:Jbich $45: 998 should be pla.ced in SalaJ:.ie.s u2neJ:'al

ACCCl.>.ot #101; and $5 f 463 should bE placed in Furniture, Office and

Secondsd

·Go

ADOPTED DEC 13 1985 LOS ANGELES CITV COUNCIL File No. 85-0869-52

TO THE COUNCIL OF THE CITY OF LOS ANGELES

Your FINANCE AND REVENUE Committee reports as follows:

WITHOUT RECOMMENDATION

Because the two Committee members present could not agree (Councilman Yaroslavsky supporting and Councilman Cunningham opposed), in the matter of Council Motion (Wachs-Woo) relative to enforcement of the City's new AIDS discrimination ordinance, your Committee submits WITHOUT RECOMMENDATION the recommendation of the City Administrative Officer, that SUBJECT TO THE APPROVAL OF THE MAYOR, the following actions be taken:

1. IT BE RESOLVED, by the adoption of this report, that the City Attorney be authorized to employ through substitute authority the following positions for the period January 5, 1986 to June 30, 1986:

No. Position Code Bi-weekly Salary

1 Deputy City Attorney II 0551 $1789.60 1 Hearing Officer 0563 $1095.36 1 Legal Secretary I 0580 $ 765.60

2. $51,461 be appropriated from the Unappropriated Balance to the following accounts and in the amounts within the City Attorney Fund No. 11200:

$45,998 Salaries General, Account No. 101 $ 5,463 Equipment, Account No. 730

SUMMARY

The City Administrative Officer reports relative to Council Motion (Wachs-Woo) proposing that the City Administrative Officer and the City Attorney be instructed to identify what additional resources would be necessary to enforce the City's AIDS discrimination ordinance.

It is reported that the City Attorney's Office submitted a schedule to the City Administrative Officer which identified one position of Deputy City Attorney II, one position of Hearing Officer, and one Legal Secretary I as personnel necessary to enforce the ordinance. Office furniture and equipment for these positions were also requested.

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