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5 Willamette Sports L.J. 1 (2008)

handle is hein.journals/wlmsplj5 and id is 1 raw text is: 1 WILLAMETTE SPORTS LAW JOURNAL FALL 2008 Out of Bounds: HIV and AIDS Discrimination in American Athletics Casey Kovacic* Everybody's talking about it. Some people are scared This could be dangerous to us all. - Former NBA player, Gerald Wilkins upon hearing Magic Johnson's decision to return to basketball' INTRODUCTION: MAGIC, MO, AND THE BEGINNING OF THE CONTROVERSY On November 7, 1991, the world of sports changed forever. One of the most charismatic and publicly adored players in the history of the National Basketball Association (NBA), Earvin Magic Johnson, announced to a stunned audience that he was HIV-positive.2 Shortly after Magic announced his return to professional basketball, boxer Tommy Morrison announced that he also was HIV-positive.3 In the wake of these announcements issues such as exclusion from participation, disclosure of HIV-positive status, and mandatory testing were heavily debated and are still widely argued. This article will discuss the presence of HIV/AIDS-based discrimination in American sports. To do this, I will first provide an explanation and brief background of the disease and how it is transferred. Second, I will discuss the presence of discrimination in the context of amateur sports, particularly focusing on high school athletics. Third, I will discuss the presence of discrimination in professional sports, focusing on the four major sports leagues - the NBA, the National Football League (NFL), Major League Baseball (MLB), and the National Hockey League (NHL) - as well as professional boxing. Fourth, I will discuss the current anti- discrimination regulations. Fifth, I will discuss the topic of mandatory testing and whether it has any place in the professional sports world. Finally, I will discuss ways of ending discrimination in both amateur and professional sports. TRUTH AND RUMORS: WHAT IS HIV/AIDS AND HOW IS IT TRANSMITTED Discrimination and stigma are often the result of a lack of understanding that one group or person has toward another. Thus, before delving any deeper into the primary subject matter of this paper, it is important to clear up any misconceptions about HIV and AIDS by discussing the background of the disease and how it is actually caused and transmitted. The Human Immunodeficiency Virus (HIV) is the virus that causes Acquired Immune Deficiency Syndrome (AIDS).4 HIV causes AIDS by destroying a certain kind of blood cell * Casey Kovacic is a 2008 graduate of the Willamette University College of Law. He is presently a public defender in Vancouver, Wash. 1 Harvey Araton, Johnson's Return to League Isn't Welcomed by Some, N.Y. TIMES, Nov. 1, 1992, at 8. 2 Mark Heisler, Magic Johnson's Career Ended by HIV-Positive Test, L.A. TIMES, Nov. 8, 1991, at Al. 3 Reports: Morrison Is HIVPositive; Heavyweight Boxer Is Suspended Hours Before Fight on Saturday, WASH. POST, Feb. 12, 1996, at Cl. ' http://www.cdc.gov/liiv/topics/basic/index.htm

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