Council formally calls on state to repeal ‘walking while trans’ ban
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The City Council passed a resolution to repeal a law known as the Walking While Trans Ban on Thursday.
Eagle file photo by Andy Katz
By Rachel Vick
The New York City Council passed two resolutions Thursday formally calling on state lawmakers to repeal a prostitution-related loitering misdemeanor dubbed the “walking while trans” ban and to seal the records of people convicted of the offense.
The section of state penal law related to “loitering for the purposes of engaging in prostitution” gives police officers the power to arrest a person for allegedly stopping, talking to or beckoning at others in a public place. In practice, officers have used observations like a defendant’s clothing, gender identity or gender expression as grounds to make an arrest — in essence, profiling trans women as sex workers.
The movement to repeal the law has gained momentum in recent years, fueling the Council’s vote Thursday.
Queens Councilmember Daniel Dromm recalled his own experience with profiling related to the law.
“I was arrested when I was 16 years old and charged with prostitution, something that has gone on as a tool to use against the LGBT community for many, many years, and it's about time that we ended it,” Dromm said.
Manhattan Councilmember Carlina Rivera, the repeal bill’s sponsor, celebrated the vote in a tweet Thursday.
“Whether you're a survivor who has shared your story, an organization working to bring justice, or an ally in this fight, thank you,” she said. “It passed and we are grateful to so many! It’s time to repeal the #WalkingWhileTrans ban in NYS.
Six conservative councilmembers voted against the repeal resolution. They were Councilmembers Robert Holden, Chaim Deutsch, Kalman Yeger, Joe Borelli, Steven Matteo and Ruben Diaz, Sr.
Holden, Deutsch, Borelli, Matteo, Diaz and Queens Councilmember Eric Ulrich opposed he sealing resolution, Gay City News reported.
The walking while trans ban has had a disproportionate impact on trans women of color in Queens.
More than half of the 121 arrests for the offense in New York City in 2018 took place in Queens, concentrated in Jackson Heights and Corona, according to an analysis by the website Documented.
That year, 49 percent of people charged with Loitering for the Purpose of Prostitution were Black and 42 percent were Latino.
“As a trans, Latinx woman in Jackson Heights, for over 14 years I have lived the violence that exists, between the police intimidation and patriarchy that impacts our community,” Make the Road organizer Bianey Garcia said at a virtual rally in September. “[Trans community members] tell us they are afraid to express their gender, to wear anything sexy or put heels on for fear of being arrested.”
Though the repeal was not included in the State’s 2020 legislative agenda, Gov. Andrew Cuomo would likely be open to the amendment, a spokesperson told the Eagle in January.
“We would have to review the final bill, but the Governor has been a champion for the transgender community … and strongly opposes the unequal enforcement of any law as a means to target a specific community,” said spokesperson Caitlin Girouard.
