New ruling in Milton Hershey School HIV discrimination case

On June 1, a federal judge in Philadelphia denied the Milton Hershey School’s request to move an HIV-discrimination case from Philadelphia to central Pennsylvania, where the school is located.

On November 30, 2011, the AIDS Law Project of Pennsylvania filed a complaint on behalf of Abraham Smith and his mother, alleging that the Milton Hershey School denied Abraham admission because he has HIV, in violation of the Americans with Disabilities Act. The school has not denied the allegation and instead asserts that Abraham’s HIV-positive status presents a direct threat to the school’s 1,800 students.

In denying the Milton Hershey School’s motion to transfer the lawsuit from Philadelphia to Harrisburg, Judge C. Darnell Jones, II of the United States District Court for the Eastern District of Pennsylvania found “the issue involved in this case is not uniquely or necessarily tied solely to MHS or the Middle District of Pennsylvania but instead is relevant to the lives of over one million HIV-infected people nationwide, many of whom are currently in congregate-living settings and are not creating a direct threat to others.  For more information about the case, please go to AIDSLAWPROJECT.

The great work of the AIDS Law Project and its executive director, Ronda Goldfein, Esq., was recognized by the Delaware Valley Legacy Fund at an award ceremony on Sunday, June 3 in Philadelphia.  DVLF awarded Ms. Goldfein it’s Straight Ally HERO Award.