"There is conclusive scientific evidence that syringe-exchange programs, as part of a comprehensive HIV prevention strategy, are an effective public health intervention that reduces transmission of HIV and does not encourage the illegal use of drugs," U.S. Surgeon General David Satcher found in 1998.
Texas politicians, however, continue to regard the research with skepticism.
Neel Lane, a high-powered San Antonio lawyer who agreed to defend Day for free after learning about his case through their church, St. Mark's Episcopal, said it was time for the Lone Star State to admit it was behind the times.
"When you're the only state that doesn't have [a needle-exchange program], you're either the 2% smartest or 2% dumbest in the country," Lane said.
Though Texas is the only state that has not begun at least a pilot needle-exchange program in any city, lawmakers last year authorized one -- for San Antonio.
Bexar County public health officials are studying whether to launch it, but Dist. Atty. Susan Reed has warned that she could prosecute anyone who distributes needles because she considers the act illegal.
"I'm telling [local officials], and I'm telling the police chief, I don't think they have any kind of criminal immunity," Reed said in August, according to the San Antonio Express-News.
Reed has not explained why she opposes the program, and her office did not return requests for comment. But at the request of a state lawmaker, Texas' attorney general is reviewing the dispute.
Day and two associates, cited with him on Jan. 5, initially faced Class C misdemeanors, which are punishable by a fine of up to $500. But Reed's office and police plan to increase the charges to distributing drug paraphernalia, a Class A misdemeanor, which carries a possible one-year jail sentence.
Day said he told San Antonio Police Chief William P. McManus before the arrest that he was distributing needles to drug addicts for health reasons and was never warned that he could be arrested. Police spokeswoman Sandy Gutierrez acknowledged the meeting but said, "We did not tell them this was OK."
Day's supporters say they are outraged that police and prosecutors are treating the activists as criminals.
"How silly to arrest senior citizens who are trying to stop the spread of HIV in their community," said Jill Rips, deputy executive director of the San Antonio AIDS Foundation, which provides HIV testing and runs a hospice. "Don't police have something better to do?"
Day said he accepted the arrest as part of a process that his community must go through before it could begin a healthy debate about reducing the spread of AIDS by addicts.
"This has happened everywhere," Day said. "Every needle-exchange program has started underground. The knee-jerk reaction was the same: 'You're encouraging people to do drugs.' Then there was a slow metamorphosis, and acceptance."
For someone who claims he's not an outlaw, Day was sounding like a revolutionary.
"Well, looks can be deceiving sometimes," he said, with a smile.
Then he got into his white minivan and drove away.
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miguel.bustillo@latimes.com
