While the Macomb County Circuit Court has delayed the HIV-as-terrorism case against Daniel Allen until next year, lawmakers and advocacy groups are already moving to address the charges.
Allen, 44, of Clinton Township, was charged under a 2004 bioterrorism law in November. The charge stems from the fact Allen is HIV-positive and bit a neighbor during a fight in October. He also faces charges of assault and assault with intent to do great bodily harm less than murder, stemming from the same incident.
Lawmakers and activists have already condemned the charges, but now State Rep. Mark Meadows (D-East Lansing) and Rep. Rick Jones (R-Grand Ledge) say they are trying to figure out if legislation is needed to amend the state’s terrorism laws to prevent prosecutors from charging someone with terrorism in the future because they have a contagious disease.
“I would support something to change that law,” said Jones.
Meadows said he would discuss the matter with Jones, but said he himself would not be introducing the legislation.
“I think it has more chances if some one else introduces it,” Meadows said, noting that as chair of the Judiciary Committee it makes more sense for another lawmaker to introduce the legislative remedy.
Meanwhile, in the Senate, Sen. Ray Basham (D-Taylor) says the charges against Allen are unfounded. Basham was in the legislature when the 2004 laws were passed.
“That’s not terrorism,” said the Senate Judiciary Committee member.
Meanwhile, ACLU Michigan has approved joining Allen’s defense with an amicus brief.
In an e-mail to Michigan Messenger, Jay Kaplan, staff attorney for the Lesbian, Gay, Bisexual and Transgender Project for the ACLU Michigan, wrote:
“We think the statute is being wrongfully applied to Mr. Allen’s situation — based on the actual reading of the statute and the fact that the legislature never intended these laws to apply to persons living with HIV.”
The case against Allen has garnered national attention, with protests and letter writing campaigns launched on Facebook and Change.org.