National
Would ENDA have a shot as a ‘jobs bill?’
Some see room for movement, others not so sure
LGBT rights supporters see room for passage of the Employment Non-Discrimination Act in the U.S. Senate during the upcoming Congress — even as Republican control of the House makes final passage of the legislation highly unlikely.
The 2010 elections left the Senate in Democratic control — although by a reduced margin — providing an opportunity for passage in that chamber if certain conditions are met.
A Republican aide, who spoke on condition of anonymity, said passage of ENDA in the Senate is “possible” provided that President Obama strongly advocates for its passage.
“You would need the kind of push that you had behind ‘Don’t Ask, Don’t Tell,'” the aide said.
Mara Keisling, executive director of the National Center for Transgender Equality, said “in theory” the Senate could pass ENDA because Democrats retained control of the chamber, although the conversations haven’t taken place yet about moving the bill forward.
Keisling added that the Senate is in a different position than it was in the previous Congress because it’s no longer trying to pass legislation that is being sent over by the House. With Republican control of the lower chamber, the Senate would be more inclined to vote on its own legislation.
“I don’t think of any us know what the Senate is going to be like this year,” she said. “The Senate wasn’t moving a lot of stuff regularly last Congress, but now that they have a different Democratic caucus, the Senate is now in a different position than they were before.”
Fred Sainz, vice president of communications for the Human Rights Campaign, said the prospects of ENDA passing in the Senate are “unknown” at this stage, but said his organization will continue to pursue all important pieces of legislation in both chambers of the next Congress.
“We think that it is important whether or not there’s Republican or Democrat control of the House that there would be a factual record that those pieces of legislation have been approved with even more co-sponsors in them,” Sainz said.
As it was introduced in the last Congress, ENDA would bar job discrimination against gay and transgender workers in most situations in the public and private workforce. Gay Rep. Barney Frank (D-Mass.) introduced the legislation in the House and Sen. Jeff Merkley (D-Ore.) introduced the bill in the Senate.
The legislation stalled in the last Congress and saw no movement in either the House or the Senate. In the House, there was speculation that opponents would use a maneuver called the motion to recommit on the floor to target the transgender language and derail the legislation. Then-House Speaker Nancy Pelosi said she wouldn’t bring ENDA up for a vote until legislative action was complete on “Don’t Ask, Don’t Tell.”
Entering the early days of the 112th Congress, activists are uncertain about the timeline for moving forward with ENDA the next time around, such as when the bill would be introduced or when hearings might take place. Julie Edwards, a Merkley spokesperson, said the senator plans to reintroduce the legislation, although she said she doesn’t yet “have a sense of timing.”
Whether Senate Majority Leader Harry Reid (D-Nev.) would bring up the legislation for a vote remains in question. Regan Lachappelle, a Reid spokesperson, said the majority leader supports ENDA, but said “Republican cooperation” will be necessary “to do anything.”
“It’s still early right now, so we’re still working on the schedule for this Congress, but it is something that he supports,” she said.
A Democratic aide, who spoke on condition of anonymity, said the possiblity for action on ENDA in the Senate would become more clear following the week on Jan. 24 when Senate leadership makes it decisions on what the legislative priorities will be.
Even if it were passed in the Senate, most observers agree that the new Republican leadership makes passing ENDA highly difficult — if not impossible. Passage in the Senate could be a symbolic vote that would build momentum in a future Congress.
Keisling said the legislation has “zero chance” of making its way to Obama’s desk because of Republican control, citing a recent Washington Blade interview with Frank in which he said there was no chance of passing any pro-LGBT legislation this Congress.
“I never say never, but I can’t imagine the circumstances in which it’ll be signed into law this Congress,” she said.
The Republican aide said just because a clear path to passage doesn’t exist in the House, advocates shouldn’t give up on moving forward in the Senate.
“You have to approach this as kind of putting bricks in the wall,” the aide said. “With hate crimes, we were lobbing it left and right for years … but that also set us up to deal with passing it rather quickly when everything happened because we were able to say it passed the Senate five times.”
Sainz said emphasizing that ENDA is at its core a “jobs” bill could enable it to pick up support in the Republican House.
“From that sense, it should appeal to members of the House — and the Senate for that matter — because it’s really doing nothing more than putting people to work, and if they can’t work, then they’re reliant on government assistance,” Sainz said. “So it should be fairly intuitive to Republicans that this is really a ‘jobs’ measure.”
At the end of the last Congress, ENDA had 45 co-sponsors in the Senate, although former Sens. Roland Burris, Ted Kaufman, Edward Kennedy and Paul Kirk were listed as co-sponsors even though they were no longer in the Senate at the end of last year. Former co-sponsors Arlen Specter, Chris Dodd and Russ Feingold have since left the Senate.
It remains to be seen whether their successors would support ENDA, although new Democrats Richard Blumenthal (D-Conn.) and Chris Coons (D-Del.) would be likely to support the legislation. Sens. Pat Toomey (R-Pa.), Scott Brown (R-Mass.), Ron Johnson (R-Wisc.) support “Don’t Ask, Don’t Tell” repeal and may also support ENDA. The offices of those senators didn’t respond to the Blade’s request for comment.
Kate Dickens, a spokesperson for Sen. Mark Kirk (R-Ill.), said the senator’s positions would be consistent “with his position on it while serving in the House — where he has been a supporter.”
One lingering question is whether a bill that includes protections on the basis of sexual orientation only — excluding the gender identity and expression provisions — would stand a better chance in the Senate or have a shot at passing in the House. In 2007, the U.S. House under Democratic control passed a non-inclusive ENDA that never saw a vote in the Senate.
The Republican aide said discussion about removing the transgender protections is a moot point because activists wouldn’t permit the removal of the legislation.
“They’re not going to, so I don’t even think it’s worth considering,” the aide said. “It’s just not worth saying ‘yes’ or ‘no.’ If it’s going to pass, it’s going to pass with the transgender in it. That’s all there is to it.”
Keisling said she thinks both a trans-inclusive and non-trans inclusive bill would have the same zero chance of making it through the House.
“There’s this weird notion that somehow Congress is fine with gay people,” she said. “It’s just not true. You saw how they tried to lay down in the road over ‘Don’t Ask, Don’t Tell.’ If Congress was so good with gay people, why are 90 percent of the gay congress people closeted?”
Minnesota
LGBTQ Minnesotans speak out amid ICE crackdowns
‘Our nervous systems are not set up to live under constant threat’
Uncloseted Media published this article on Jan. 31.
By HOPE PISONI, SAM DONNDELINGER, SPENCER MACNAUGHTON, and TAYA STRAUSS | Since the start of December, Minneapolis and St. Paul, Minn., have been under the thumb of an extremely heavy presence of the U.S. Immigration and Customs Enforcement.
During the crackdown, which the agency refers to as “Operation Metro Surge,” at least 3,000 people — mostly undocumented immigrants — have been arrested so far. Tensions came to a boil in January when federal immigration enforcement agents shot and killed poet Renee Good and ICU nurse Alex Pretti on separate occasions. In response, Minneapolis-area residents have started to push back. On Jan. 23, Minnesotans organized the first citywide general strike in the U.S. in nearly 80 years, with tens of thousands protesting and over 700 businesses closing in solidarity. And additional protests are taking place nationwide in at least 36 states over Jan. 30 and 31.
Many queer people have been on the frontline of these protests. We spoke with six people on the ground in the Twin Cities to learn more.
Watch the full interview above or read the transcript here:
SPENCER MACNAUGHTON: Hi everyone, I’m Spencer Macnaughton, and today I am here with six queer folks from the Minneapolis area. Everyone, thank you so much for speaking with me and Uncloseted Media today.
ALL: Thanks for having us.
SM: Yeah, great to be with you. And obviously we reached out to you all based on the headlines. And a lot of what’s playing out at the national level is happening right there in Minneapolis where you guys live. And I just wanted to start to really get a pulse check. How are you guys feeling right now? I have not been in Minneapolis. For folks who only see what’s unfolding on social media or on TV, take us inside what life has been like for you all the past few weeks.
RACHEL DOMINGUEZ: It’s incredibly stressful. Our nervous systems are not set up to live under constant threat. That’s the biggest thing that I think people are not understanding about what’s going on. And I’ve lived in Minneapolis for 41 years. We had a little dress rehearsal for this about five years ago, but it was nothing — there was no precedent. There’s no precedent for this. It’s like water about to come to a boil. Everyone here is stressed out. We’re angry. We’re scared for our safety, for our neighbors’ safety, for our livelihoods. We have no idea when this is gonna stop. Oh, and it’s two fucking degrees out.
JUNE REICHERT: It’s hard to go on like normal when this is happening. Part of my, and I’m sure everybody in your profession, is to not even acknowledge it. Pretend that everything’s okay while you’re at work, while you are going to school, while you are going shopping and everything. And little do you know, down the street, a Somali family is being harassed for no good reason. It brings this feeling of sorrow, especially when it does affect your professional life. When somebody who you’ve been working with for a long time, all of a sudden, as part of my job, I can’t get a hold of them. I work with a lot of people from the Hispanic community and they’re just gone. And you just sit wondering. It’s horrible. It’s a horrible feeling.
SM: And June, tell me more about that. That actually happened?
JH: So for what it’s worth, I sell insurance. I have had clients who have been picked up and I can’t get a hold of them. I mean, I can verify what happened to them, but these people I’m able to get a hold of every single day when I need to, to take care of this, that or the other issue. And now I can’t get a hold of them for a week straight. What am I supposed to think? You know?
SKOT RIEFFER: My day job, I work for a catering company. We have no work at my catering company for the next two months because every single event has canceled because of the ICE occupation. And these events are things from corporate events to weddings. And we’re all now without a job, essentially. My catering company is maybe 30 percent white people and so all of us are checking in with everyone else all the time. One of our folks, also a member of the Hispanic community, has lost four family members. They just got kidnapped. And they’re just gone.
ALICIA KOPP: I am the child of a migrant. I’m from a mixed heritage. My father is from Guatemala. He’s been a citizen since ‘83. Right now, we’re not letting him leave the house. We’re running all errands. The stress that you had spoken to earlier, Rachel, that is definitely wearing thin on all of us.
SM: I mean, what type of mental health effects is that having on him by not being able to leave the house and also probably understanding the reasons why he’s not leaving the house?
AK: When I handed him things like, I showed him what was in a whistle kit with the red cards. This is an emergency contact card. On the inside, the top part says, “help me,” and it’s got whoever’s holding it, their information. The bottom has their loved one and their lawyer and contact information. And they carry this in one of these red cards that on one side has your constitutional rights and on the other side says what you would tell to an immigration agent if they tried to stop you. Or you would just put it up to the window in your car or slip it through, so that you don’t have to talk to them. Now, what good it does? Yeah, I don’t exactly know. Because they’re not exactly following the rules, they kind of tell a lot of people, “That doesn’t matter, we don’t care.” But with this contact card, you have it on you, you literally hand it to somebody if you feel like you’re about to get picked up and say, “I need help. Contact this person for me.” Trying to explain to my dad why, even though he’s a citizen now, I wanted him to have this on him if he’s leaving the house? That was hard. And he was a little belligerent at first. I’m just like, “Look, you’ve kept me alive for 50 fricking years. It’s my turn to do the same for you. And right now, they don’t care that you’re a citizen. They just see you and they go, ‘Yep, we don’t want him here.’ And they’re gonna take you away. You’ll be away from your medicine. You’ll be away from us. It will take us how long to figure out where you are.” Even if it’s like hours, that probably isn’t great for somebody that probably shouldn’t be rassled to the ground by young dumb men or women or whoever they are. But you know, it’s hard. It’s really hard for him and it’s hard for all of us because you don’t wanna have to talk to your parents like that.
TERRESA HARDAWAY: I just wanted to comment on how I’m feeling in this moment, and I would say that while I am tired, I’m not exhausted. And it’s because Black people have always been under occupation. And I’m so happy that people are coming to the realization that state violence and national violence is something that affects all of us. But I gotta say my exhaustion probably comes from the long story posts and the Instagram posts of people realizing for the first time that they are also a part of this system. And they realize that they are also subject to be attacked and to be violently murdered in the street, just like Black people, I think that’s where my exhaustion might come in. But I will say, because we are used to this, I know that this is not gonna be the final moment. I don’t want to hold onto this hopelessness that I feel like a lot of folks who are just coming into that realization are starting to feel on their own. And so we have to just keep fighting. And as tired as we are, now is the time for us to actually push the system that we want to stop harming our neighbors.
SM: And how do you push a system in this moment? What is the strategy in terms of pushing? Because, you know, it does feel like a moment where change could happen because there’s so much attention on it.
TH: There are many, many ways that folks can tap into mutual aid networks, can tap into organizations who have been advocating for immigrant rights and equity in those spaces. If there are holes within our neighborhoods that need to be filled, people need food, people need supplies, and they aren’t comfortable leaving their house, there are organizations who have already been doing that work that people can tap and support. People can become legal observers. There is a lot of things that folks could do. This anxiety that I know that we’re all feeling and this exhaustion? I would say focus that into some of the work that’s already happening.
RD: My kid has only gone to Southside Family School for his entire life. That’s where Renee Good, that’s where her kid went. Still goes there actually. So, our kids, first off, they couldn’t be in school. Because the New York Post ran some bullshit article about how our school was some like communist indoctrination training center that recruited her to join an ICE watch. And then all of a sudden death threats, bomb threats, people coming into the teachers’ houses and knocking on the doors and running away. Bomb threat, they had to bring the dogs in. So my kid didn’t even get to go to school for two weeks and now they’re back in school in a secret location. Like this is the fucking Taliban that we’re hiding from.
SM: Wow.
RD: I can’t even say where my kid goes to school. We’re not even supposed to text it.
SM: I’m sorry you have to do that. And I, yeah, and we’ve all seen those harrowing headlines and images of children as young as 2, as young as 5, being taken by ICE over the last few weeks. I wanted to ask more broadly, for the kids you guys know in your life, what is the impact this is having on children?
AK: A lot of stuff for kids are being canceled. I know that the Minnesota Orchestra has canceled their Young People’s Concert Series for the time being because it’s just not safe to go down there. The students that auditioned last spring to be part of the All State Ensembles, all of their concerts have been canceled because it is just not safe.
SR: My partner and I have started doing neighborhood patrols because there’s a daycare two houses down from ours that caters to our small little, poor community around here and everything like that. And so there’s a lot of different folks who go to this daycare. And so every morning from 7:30 ‘til 10, I’m out there, and then from 3 until 5, which is the pickup times. And so we’re out there as observers.
And there’s been some real scary things, and one thing that is really burned in my head was this dad came up and was chatting with me and thanking me for being there and whatnot. He said to me that his kid, his daughter came up to him and asked him, “Dad, what do I do when the men come and take my friends?” And he didn’t have an answer and he was like, “I feel like my job as a dad is to be able to answer these questions and I do not have an answer” and he was sitting there, and we’re outside, it’s –10 and he’s crying. And I’m crying. And our tears are freezing to our damn faces and all I can do is just nod and hug this guy and just be like “yeah, I don’t have an answer either, man.”
SM: You mentioned the ICE patrolling. Tell me about what that is, what you do and why you’re doing it.
SR: We’re just looking for suspicious vehicles. So if out-of-state plates, a slew of identical looking SUVs drive by, we’re marking it, we’re reporting it to the other people in our Signal groups and everything like that. And then in the situation, just the other day, there were three black SUVs that drove by, all of them with ICE agents in full equipment, everything. So we reported all of that. We’re monitoring, we’re taking pictures, we are marking plates, we’re running plates if needed, and just letting every — like there’s a Hmong Market just down the road, and so we let them know. There’s a small, kind of a strip mall that’s almost all owned by people of color, and we call one of them and then they distribute the word and they’ll lock their doors if we see anyone. Just things like that.
SM: When you say you report it, who do you trust right now to report to?
SR: Our neighbors.
SM: Your neighbors.
SR: We have a Signal group, I’m part of several Signal groups. I will get called. Someone will tell me and be like, “hey, we need a big white guy here right now.” And I will show up. And then when I get there, I see things, I take pictures, I send it to that group and I send it to my group of my immediate block of neighbors. And so then they all know, and then they’ll either go check on the neighbors next door who didn’t respond in the group or will drive to the daycare or whatever is needed to do.
SM: Maybe this is a dumb question, but why do you think they’re saying “we need a big white guy”?
SR: I mean, I’m just as likely to get shot and killed and kidnapped and everything as anybody else at this point. But if they’re trying to push the agenda that these types of people are bad people and whatnot, and if in every camera frame that they have, if there’s someone who looks just like you? That bullshit narrative, it’s harder for them to sell it. If I’m standing there, it’s harder for them to sell it. And I hate it. It sucks on so many levels, obviously.
SM: Can people talk about what they’re doing to push back?
TH: Yeah. I think for me and my teams at Blackbird Revolt and Black Garnet Books, we have these spaces. And so this is something that we didn’t have in 2020. And so being able to activate these spaces, hosting a poster making and community space for folks to come together who do feel similarly and just want to be in space with each other has been really amazing. We are also holding a drive where folks can purchase a book, that’s either in English, Spanish or Somali, that we’re able to deliver to families that don’t feel comfortable leaving their homes.
RD: The people here, we don’t have any faith in the politicians, that they’re going to do anything meaningful or that they have any power at all. We don’t have any faith that the police are going to protect us or that the National Guard is gonna protect us or that Tim Walz or Jacob Frey or any of them are gonna be able to protect us.
SM: Why don’t you feel like you have faith in Jacob Frey? I mean, when I see him on TV and he’s saying “get the hell out,” it seems like he’s giving his best effort, but is that a sentiment that is not felt on this call?
SR: It’s super fucking easy to say “get the fuck out.” We’re all saying that, but all of us are also in the street. All of us are also helping, donating food, donating time. Where the fuck has he been?
TH: I’m seeing the real people who are standing up for these communities out at the protest. I ain’t never once seen that man and that man just stay talking shit and never moves and never has any action behind it. Fuck that man. Fuck all of this whole, “get the fuck out.” Stop, anybody can say a cuss word, but you actually have the power to pass policy and you’re not doing it. So it’s not about not having faith. We have a history of seeing them say shit and then not backing that up with action. So it’s not about faith. We have a historical record of y’all not doing shit for the people.
SM: So let me ask then quickly, what do you want him to do? What could he do that would be meaningful right now if he could actually do, that’s within his power?
JH: If you don’t want to start a constitutional crisis by arresting an ICE officer while he’s doing the awful things that he’s doing, fine, I guess. I would argue differently.
RD: No, that’s not fine. That’s what they should do. That’s what they could do.
JH: Correct.
RD: They could get some fucking balls and call the commanders into their office and say, “Look, are you loyal to the constitution or are you a Nazi that’s gonna fold?”
JH: If these people want to preserve whatever level of normalcy that we know has not existed as Rachel, Terry and Alicia have all described, then citations, parking violations, trespassing violations, these people are using their administrative warrants, that are not admissible to use to enter people’s homes, to enter people’s homes. And they aren’t getting trespassing citations for that. They aren’t getting charged for that, I don’t even think the mayor has talked about the fact that they’re doing that. And these are all things that are actions that can be done instead of tweeting really hard. I want action. I don’t want words. I don’t want you to look like a big tough guy and to get all the people on Twitter or Bluesky or whatever to go, “Oh, he owned him.” I want them gone. I don’t want them here anymore.
SR: He could at the very least talk to us. All he’s doing right now is talking to the media. Talk to us, show up. Maybe he’s doin’ shit behind closed doors. Okay fine, but tell us. Talk to us. Come out, listen. Talk. Be present.
SOREN ASTER: One thing we did at the clay pit as well is I changed it to appointment only. I did as much research as I could on how to keep ICE from coming into the public space of my business, and I found that by making it by appointment only, the whole space becomes private and they cannot come in. So my door stays locked. I let people in as I see fit, but just as another form of precaution, keeping those doors locked. It’s an absolute nightmare.
SM: It literally sounds like it’s created a situation where every move you make is nerve-wracking because of what’s happening.
SA: Absolutely.
SM: I’ve heard many people saying that what’s unfolding in Minneapolis is a queer story. And I find that interesting. And I’m curious, do you guys agree with that?
JH: I want to push back a lot on the idea that this is a very queer thing that’s happening. As a transgender person, I’ve been a community activist for quite a while, especially in 2022 when the federal government, from my perspective, was failing to protect my trans siblings in states like Florida and Texas. There’s a lot of my activism that I do that is directly fueled by my queer identity. My neighbors, my friends, my colleagues, my clients even, are being attacked by a force that is an invasion to our city and our state. And it is on me as a human with human emotions and a personal connection to this place to protect my community, and that’s got nothing to do with me being gay. The motivation is, in this instance, for one of a very rare time in my experience, very disconnected from my queer identity. It’s got more to do with protecting Minnesotans. It’s got more to deal with protecting communities, immigrant communities and communities of color who people who look like me, as we’ve discussed here, famously just don’t even bat an eye at, and it’s wrong.
SA: I don’t think it’s an inherently queer thing, but I think that queer people and Black and Brown people are used to having to rely on our community, rather than our government and other people to get the things that we need and to get the support and to make things happen. We’re used to having to riot, and we’re used to having to scream and try and get people to listen to us and our stories. And so I think when this started. The first people that really knew what to do and how to do it and how to organize are those people. And so I think that it’s one part of the story.
SM: One thing we had mentioned earlier is what happened in Minnesota in 2020. Many have compared what’s happening now to the George Floyd protests of 2020. Um, how do you guys compare it? How is it different? How’s it similar?
AK: The big difference? We knew who the police were, we kind of know who these people are, but we don’t know who those people are. We know that they are some of the same people that were let out of the Jan. 6 stuff because of the pardon. And we know they’re likely a lot of the cops that left the profession because they couldn’t beat up on people so freely in Minneapolis anymore with some of the initiatives that have been trying to change the culture of our police forces.
Editor’s Note: While some government officials, including U.S. Reps. Jamie Raskin (D-Md.) and Steve Cohen (D-Tenn.) have called for the DOJ to release information on any participants of the Jan. 6 insurrection employed by ICE, no details have been published. Additionally, several police chiefs and sheriffs have reported that ICE has tried to poach their officers for recruitment, but Uncloseted Media was unable to confirm any cases of this in Minneapolis.
TH: I think for me, I compare it to the longevity of support that’s gonna be happening. I think that after a year, after the protests, after the uprisings, it went back to business as normal, business as usual. I’m also a runner. And so when I’m gonna run a short distance, if I know I’m just trying to get a fast-ass time running a mile, I’m gonna run at that at full velocity. And I feel like people who are just getting activated, that’s what they’re doing. They’re running at it at full velocity and then they get exhausted. Y’all need to run this as if it’s gonna be a 50 mile race. I think for me, how I was activated during the uprisings, I’m really leaning on community. I am texting my group of white allies and being like, “Y’all, I need y’all to pick this up. I need you to help me here, dah dah dah.”
JH: It is unfortunate to me that many people, similar to in 2020 and 2021, will see the immediate aftermath of something and see Derek Chauvin got arrested or whatever it is, and they’re done. And that’s it. And we made the change. And now we can go back. It’s a joke in my community: We can go back to brunch. No we can’t. We’re not done. And they think once ICE is out of Minneapolis and the white people stop dying, then they can just go back to sipping their tea. And I’m worried about that. So it’s a push and pull, and I really want to remain optimistic, and I know there is a future worth fighting for. But I’m also worried that some people will see the short-term victories and give up.
SM: Trump has said that Minnesotan protesters are “left-wing agitators.” I want to know, maybe as a last question, I want to know, how important is protest and what else is getting you through right now?
AK: Well, protest is very important to me, but also understanding the multitude of ways that you can participate in protest. You don’t have to be out necessarily facing off with people that are on an opposing side. You are doing protest by maybe doing a Zoom concert because your concert got canceled and you’re still going to play. Or by delivering food for neighbors and other health and home needs, like laundry detergent is a huge one right now that people need as well as just things like shampoo and soap.
SA: All of the reactions that have happened are really logical when you think about it from an outside perspective. If you take out left and right and the political ideologies of it all, people are coming in and abducting people that are here, mostly not committing crimes. A lot of people, perfectly legal. In any other situation, I think the logical answer would be to fight back and to step up to your community and do what you can to prevent those kidnappings and to prevent that violence from happening.
TH: Protests were so important that it is the first amendment. And so when we get asked things like, “Why are we protesting?” The country was founded on that. I don’t want people to just only relate it to Black people or just to trans people. It was something that was laid at the foundation of this country. We do get to say what we want our government to do and protest is our way of being able to speak out about that. And if you weren’t comfortable with that, you shouldn’t have ran for president.
Florida
AIDS Healthcare Foundation sues Fla. over ‘illegal’ HIV drug program cuts
Tens of thousands could lose access to medications
Following the slashing of hundreds of thousands of dollars from Florida’s AIDS Drug Assistance Program, AIDS Healthcare Foundation filed a lawsuit against the Florida Department of Health over what it says was an illegal change to income eligibility thresholds for the lifesaving program.
The Florida Department of Health announced two weeks ago that it would make sweeping cuts to ADAP, dramatically changing how many Floridians qualify for the state-funded medical coverage — without using the formal process required to change eligibility rules. As a result, AHF filed a petition Tuesday in Tallahassee with the state’s Division of Administrative Hearings, seeking to prevent more than 16,000 Floridians from losing coverage.
The medications covered by ADAP work by suppressing HIV-positive people’s viral load — making the virus undetectable in blood tests and unable to be transmitted to others.
Prior to the eligibility change, the Florida Department of Health covered Floridians earning up to 400 percent of the federal poverty level — or $62,600 annually for an individual. Under the new policy, eligibility would be limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.
The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 patients in Florida will lose coverage under the state’s ADAP because of this illegal change in department policy. Florida’s eligibility changes would also eliminate access to biktarvy, a widely used once-daily medication for people living with HIV/AIDS.
Under Florida law, when a state agency seeks to make a major policy change, it must either follow a formal rule-making process under the Florida Administrative Procedure Act or obtain direct legislative authorization.
AHF alleges the Florida Department of Health did neither.
Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AHF, none of these steps occurred.
“Rule-making is not a matter of agency discretion. Each statement that an agency like the Department of Health issues that meets the statutory definition of a rule must be adopted through legally mandated rule-making procedures. Florida has simply not done so here,” said Tom Myers, AHF’s chief of public affairs and general counsel. “The whole point of having to follow procedures and rules is to make sure any decisions made are deliberate, thought through, and minimize harm. Floridians living with HIV and the general public’s health are at stake here and jeopardized by these arbitrary and unlawful DOH rule changes.”
AHF has multiple Ryan White CARE Act contracts in Florida, including four under Part B, which covers ADAP. More than 50 percent of people diagnosed with HIV receive assistance from Ryan White programs annually.
According to an AHF advocacy leader who spoke with the Washington Blade, the move appears to have originated at the state level rather than being driven by the federal government — a claim that has circulated among some Democratic officials.
“As far as we can tell, Congress flat-funded the Ryan White and ADAP programs, and the proposed federal cuts were ignored,” the advocacy leader told the Blade on the condition of anonymity. “None of this appears to be coming from Washington — this was initiated in Florida. What we’re trying to understand is why the state is claiming a $120 million shortfall when the program already receives significant federal funding. That lack of transparency is deeply concerning.”
Florida had the third-highest rate of new HIV infections in the nation in 2022, accounting for 11 percent of new diagnoses nationwide, according to KFF, a nonprofit health policy research organization.
During a press conference on Wednesday, multiple AHF officials commented on the situation, and emphasized the need to use proper methods to change something as important as HIV/AIDS coverage availability in the sunshine state.
“We are receiving dozens, hundreds of calls from patients who are terrified, who are confused, who are full of anxiety and fear,” said Esteban Wood, director of advocacy, legislative affairs, and community engagement at AHF. “These are working Floridians — 16,000 people — receiving letters saying they have weeks left of medication that keeps them alive and costs upwards of $45,000 a year. Patients are asking us, ‘What are we supposed to do? How are we supposed to survive?’ And right now, we don’t have a good answer.”
“This decision was not done in the correct manner. County health programs, community-based organizations, providers across the state — none of them were consulted,” Wood added. “Today is Jan. 28, and we have just 32 days until these proposed changes take effect. Nearly half of the 36,000 people currently on ADAP could be disenrolled in just over a month.”
“Without this medication, people with HIV get sicker,” Myers said during the conference. “They end up in emergency rooms, they lose time at work, and they’re unable to take care of their families. Treatment adherence is also the best way to prevent new HIV infections — people who are consistently on these medications are non-infectious. If these cuts go through, you will have sicker people, more HIV infections, and ultimately much higher costs for the state.”
“Patients receiving care through Ryan White and ADAP have a 91 percent viral suppression rate, compared to about 60 percent nationally,” the advocacy leader added. “That’s as close to a functional cure as we can get, and it allows people to live healthy lives, work, and contribute to their communities. Blowing a hole in a program this successful puts lives at risk and sets a dangerous precedent. If Florida gets away with this, other states facing budget pressure could follow.”
The lawsuit comes days after the Save HIV Funding campaign pressed Congress to build bipartisan support for critical funding for people living with or vulnerable to HIV. In May of last year, President Donald Trump appeared to walk back his 2019 pledge to end HIV as an epidemic, instead proposing the elimination of HIV prevention programs at the Centers for Disease Control and Prevention and housing services in his budget request to Congress.
House appropriators, led by the Republican majority, went further, calling for an additional $2 billion in cuts — including $525 million for medical care and support services for people living with HIV.
While Senate appropriators ultimately chose to maintain level funding in their version of the spending bills, advocates feared final negotiations could result in steep cuts that would reduce services, increase new HIV infections, and lead to more AIDS-related deaths. The final spending package reflected a best-case outcome, with funding levels largely mirroring the Senate’s proposed FY26 allocations.
“What the state has done in unilaterally announcing these changes is not following its own rules,” Myers added. “There is a required process — rule-making, notice and comment, taking evidence — and none of that happened here. Before you cut 16,000 people off from lifesaving medication, you have to study the harms, ask whether you even have the authority to do it, and explore other solutions. That’s what this lawsuit is about.”
National
Federal authorities arrest Don Lemon
Former CNN anchor taken into custody two weeks after Minn. church protest
Federal authorities on Thursday arrested former CNN anchor Don Lemon in Los Angeles.
CNN reported authorities arrested Lemon after 11 p.m. PT while in the lobby of a hotel in Beverly Hills, Calif., while he “was leaving for an event.” Lemon’s lawyer, Abbe Lowell, in a statement said his client was in Los Angeles to cover the Grammy Awards.
Authorities arrested Lemon less than two weeks after he entered Cities Church in St. Paul, Minn., with a group of protesters who confronted a pastor who works for U.S. Immigration and Customs Enforcement. (An ICE agent on Jan. 7 shot and killed Renee Good, a 37-year-old Minneapolis woman who left behind her wife and three children. U.S. Customs and Border Protection agents on Jan. 24 shot and killed Alex Pretti, a 37-year-old nurse who worked for the Department of Veterans Affairs, in Minneapolis.)
Lemon insists he was simply covering the Cities Church protest that interrupted the service. A federal magistrate last week declined to charge the openly gay journalist in connection with the demonstration.
“Don Lemon was taken into custody by federal agents last night in Los Angeles, where he was covering the Grammy awards,” said Lowell in his statement. “Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done. The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power accountable.”
“Instead of investigating the federal agents who killed two peaceful Minnesota protesters, the Trump Justice Department is devoting its time, attention and resources to this arrest, and that is the real indictment of wrongdoing in this case,” Lowell added. “This unprecedented attack on the First Amendment and transparent attempt to distract attention from the many crises facing this administration will not stand. Don will fight these charges vigorously and thoroughly in court.”
Attorney General Pam Bondi on X confirmed federal agents “at my direction” arrested Lemon and three others — Trahern Jeen Crews, Georgia Fort, and Jamael Lydell Lundy — “in connection with the coordinated attack on Cities Church in St. Paul, Minnesota.”
Fort is also a journalist.
At my direction, early this morning federal agents arrested Don Lemon, Trahern Jeen Crews, Georgia Fort, and Jamael Lydell Lundy, in connection with the coordinated attack on Cities Church in St. Paul, Minnesota.
More details soon.
— Attorney General Pamela Bondi (@AGPamBondi) January 30, 2026
Lemon, who CNN fired in 2023, is expected to appear in court in Los Angeles on Friday.
“Freedom of the press is a cornerstone of a free society; it is the tool by which Americans access the truth and hold power to account. But Donald Trump and Pam Bondi are at war with that freedom — and are threatening the fundamentals of our democracy,” said Human Rights Campaign President Kelley Robinson on Friday in a statement. “Don Lemon and Georgia Fort were doing their jobs as reporters. Arresting them is not law enforcement it is an attack on the Constitution at a moment when truthful reporting on government power has never been more important. These are the actions of a despot, the tactics of a dictator in an authoritarian regime.”
