Propositions on AIDS

The Times editorial “AIDS: No on 96” (Oct. 17), suggests that Proposition 96 is “a flawed instrument now rendered essentially unnecessary.” As sheriff of Los Angeles County and the proponent of Proposition 96, I disagree.

While The Times is correct in its conclusion that the new legislation would never have passed if the initiative had not qualified for the ballot, the new legislation contains some serious omissions. For example, it does not require medical personnel in jails, prisons and juvenile detention facilities to inform custodial personnel when they become aware of persons infected with AIDS or are HIV-positive.

Proposition 96 seeks to require the notification so that measures can be taken to provide for the welfare of the infected individual, the other inmates in the facility and all of the employees who will come in contact with the person. Proposition 96 also makes it a crime for employees to divulge that information to anyone not authorized to receive it.

The Times’ concern that “the most serious flaw in Proposition 96 is the inclusion of saliva as an agent for transferring HIV” suggests the raising of false fears. While I am fully aware that HIV is transmitted by the direct exchange of blood or semen, I am also aware that law enforcement officers are sometimes exposed to saliva which has been contaminated with blood from cuts in the mouth. When such saliva is spit into the eyes or on abrasions or cuts in the officer’s skin, I believe most medical professionals would suggest there is a possibility of exposure under such conditions.

As for constitutional challenges, I believe that is why we have a judiciary. All legislation is subject to challenge; however, I am confident that Proposition 96 is constitutional.

Since you mentioned that many public health officials oppose Proposition 96, I might mention that thousands of the signatures gathered to qualify Proposition 96 were from medical professionals. Proposition 96 is also supported by Sen. Pete Wilson (R-Calif.), Atty. Gen. John Van de Kamp, 12 state senators, 14 assemblymen, and many other public officials of both major political parties.

SHERMAN BLOCK

Sheriff

Los Angeles County