Court Assails Earlier AIDS Ruling Against Chalk

The U.S. 9th Circuit Court of Appeals, blasting a lower court decision based on the “irrational fear” of AIDS, Friday issued its final opinion ordering Orange County school officials to reinstate AIDS patient Vincent Chalk to his job teaching deaf students.

In November, Chalk, 43, resumed his duties as regional occupational program coordinator for deaf students at Irvine’s University High School and Venado Middle School after the appeals court overturned a U.S. District Court decision that had barred him from contact with students.

Friday’s opinion, written by Judge Cecil F. Poole, was an elaboration of that decision.

Told of the opinion, Marjorie Rushforth, Chalk’s attorney, said that although she had not read the decision, she looked forward to “savoring” some key phrases.

“Obviously, we think it’s wonderful,” she said.

Chalk said through a spokesman that he hoped that the decision would have “great implications for people with AIDS in the workplace.”

Orange County Supt. of Schools Robert Peterson, told of the appeal court’s ruling, said that no further action against Chalk was contemplated.

Two separate hearings have been set for March to resolve the issues of attorney’s fees--Chalk is asking that the county pay $225,000 in fees--and another asking for unspecified damages. The county has filed briefs opposing both.

In Friday’s decision, the appeals court noted current medical opinion that AIDS cannot be transmitted by casual contact and said that by being transferred out of the classroom, Chalk had been unjustly discriminated against.

It said that the district court, by stressing that much is still unknown about acquired immune deficiency syndrome, had improperly placed “an impossible burden of proof on Chalk.”

The appeals court also upheld Chalk’s contention that he had suffered irreparable injury by being forced to accept a desk job at the Orange County Department of Education in Costa Mesa pending the outcome of his trial.

“Further, because the AIDS virus is fatal, a delay in returning Chalk to his teaching position, even if only a few months, represents precious, productive time irretrievably lost,” the court said.

“To allow the (district) court to base its decision on the fear and apprehension of others would frustrate the goals of Section 504,” wrote Judge Poole, referring to the federal law that prohibits discrimination against the handicapped.