Court Rules Cosmetic Surgeon Illegally Denied Surgery to Patient Living with HIV

Judge Analisa Torres of the U.S. District Court for the Southern District of New York ruled that a New York cosmetic surgeon violated the Americans with Disabilities Act and the New York City Human Rights Law when he refused to treat patients living with HIV. Emery Celli and the HIV Law Project represent Mark Milano, a man living with HIV who was summarily turned away by Dr. Emanuel Asare after Asare said he had a policy against performing surgery on people living with HIV. The District Court granted summary judgment to Mr. Milano and the United States government, which also sued the physician, ruling that Asare’s blanket policy violated the law.

“Even after having lived with HIV for 30 years, the statement from Dr. Asare that it was his policy to never perform any procedures on people with HIV was like a punch in the gut,” Mr. Milano said. “It left me on the verge of tears. I had never experienced such blatant HIV discrimination in my life. Since then, I have heard similar stories from friends about other cosmetic surgeons. No one should have to go through this. People with HIV have as much right to cosmetic surgery as anybody else.”

Mr. Milano was represented by Matthew Brinckerhoff and Ali Frick. Speaking to the Associated Press, Ms. Frick praised the court for “elevat[ing] science and facts over fear and prejudice.” Read the AP’s story here; the New York Law Journal also covered the decision. Judge Torres’ opinion is available here.

.