TeenAIDS challenges law on behalf of teens' rights to test their own bodies

After previously notifying city officials of Virginia Beach, the state’s largest city, that TeenAIDS would be conducting free demonstrations of the new HIV test kits at a major city park, Dr. John Chittick and his team were told to cease activities. However, the public testing of “Zack”, an 18 year old boy who volunteered, went on as planned while his girlfriend watched. A news crew from WVEC TV13 came to film the act of civil disobedience. Dr. Chittick explained that educating teens about AIDS and ending the public stigma about HIV tests was a matter of free speech. “It is the right of every maturing teen to choose to test their own body,” he said. “Most youth have no idea these tests are now available.” After continuing to insist that no filming could be done on public park property, two city officials left when the TV news crew arrived.

The oral swab tests use a saliva swab and were approved by the U.S. FDA in 2012. They are on sale at drugstores nationwide for over the counter purchase by anyone 17 or older without a doctor’s prescription or prior parental permission. Dr. Chittick agreed to attend a meeting with the Virginia Beach City Attorney and the heads of the Health and Park departments the first week of June to answer their objections and reach a decision. He had previously answered questions in writing and by phone by city officials and the city’s legal office.

TeenAIDS films their public outreach and testing to use for educational purposes in classrooms and on YouTube. TeenAIDS is the first organization in the country to conduct these public tests. “Most teens are very willing to participate when their friends and peers are with them. Zack’s girlfriend was previously tested at this same park in April in front of a large group of curious onlookers that was filmed by TeenAIDS and WAVY TV 10. No objections were raised at that time during the 8 hour event attended by 1,000 park visitors during a 5K Run to Stop Youth AIDS. Dr. Chittick is challenging a rule against filming as arbitrary and capricious. He pointed out that nearby skateboarders told him they regularly took video on their cell phones to post on YouTube and the city officials did not tell them to stop. There are no signs posted in the park saying filming or photography needed a prior permit.

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