I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]
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Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.
LANSING — Lansing Mayor Virgil Bernero has formally requested Attorney General Mike Cox investigate the release of the HIV status of man arrested in a sex-sting operation.
The letter, dated July 29, asks the attorney general to “initiate an independent investigation of the City’s release, in response to a Freedom of Information Act request, of a police report containing a defendant’s self-described alleged HIV status.”
Additionally, Bernero wrote:
“I have serious concerns about the propriety of releasing this information, concerns I share with many members of the community. In particular, although I realize FOIA has a policy of broad disclosure, I want to ensure that release of this information did not violate the Health Insurance Portability Accountability Act (HIPAA) or the Michigan Public Health Code, 1978 PA 368 (MCL 333.1531) [sic] and to obtain your guidance for future reference.
“Although the City Attorney has opined that this FOIA release violated neither HIPAA nor the Public Health Code, I believe an independent investigation by your office is warranted. I hereby request that you independently investigate this matter to determine whether the release of this information pursuant to FOIA violated either HIPAA or the Michigan Public Health Code.” [emphasis in original]
The situation the mayor is seeking investigated arose out of documents released to Michigan Messenger and City Pulse Newspaper as well the gay rights advocacy groups Triangle Foundation and Lansing Association for Human Rights (LAHR) regarding a May 22 sex sting operation in Fenner Nature Center. Contained in one of the police reports was the HIV status of one of the men arrested.
During that sting operation, Lansing Police arrested two men, alleging that they exposed themselves. One man has since plead guilty to disorderly jostling. The second man, who Michigan Messenger is not identifying because of concerns about the privacy of his HIV status, was charged with indecent exposure. He originally plead guilty to the charge, but has since changed his plea to not guilty.
Critics of the release claim the inclusion of the HIV status was a violation of a stringent Michigan law which not only holds civil penalties for releasing an HIV status, but also criminal penalties. The law makes it a misdemeanor with punishment of up to one year in jail and up to a $5,000 fine.
The letter was released to Penny Gardner, President of LAHR, a Lansing based lesbian, gay, bisexual and transgender rights organization.
Mayoral spokesman Randy Hannan was not available for comment. You can view the full document below:
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