Advocates rally for ‘trans ban’ repeal absent from Cuomo’s budget
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Advocates for the rights of transgender New Yorkers rally to end discrimination of transgender individuals by the NYPD. Photo courtesy of the Repeal ‘Walking While Trans’ Ban Coalition
By Emma Whitford
Transgender New Yorkers and their allies have ramped up their advocacy efforts after Gov. Andrew Cuomo’s executive budget did not include a measure that would repeal a prostitution-related loitering misdemeanor that disproportionately impacts trans women of color.
The legislation would eliminate Section 240.37 of the state penal code, which allows police to arrest a person for allegedly loitering “for the purpose of prostitution.” In practice, advocates say, police have wielded the charge against people they believe to be sex workers, based on their clothing or even proximity to LGBTQ-friendly bars.
Sex workers and trans women of color have been speaking out against this enforcement for years, and filed a legal challenge in 2016.
“Our community has been criminalized for what they wear, who they are and for existing in public,” the newly-formed Repeal ‘Walking While Trans’ Ban Coalition said in a statement to the Eagle. “As we go into the 2020 legislative session, we ask that the Democratic-led New York State Legislature finally repeal and repair harm that should never have been inflicted on Black and Latinx trans and cis women.”
A Cuomo spokesperson indicated openness to the legislation in a statement to the Eagle.
“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.
There was a spike in NYPD loitering arrests in 2018, even as overall prostitution-related arrests declined. More than half of 121 loitering arrests in New York City took place in Queens, and were concentrated in Jackson Heights and Corona.
The loitering bill faltered last session, but Manhattan State Sen. Brad Hoylman, who sponsors the legislation, recently pledged to pass it this session. “It’s a worthwhile bill which I’m urging my colleagues to pass as a stand-alone piece of legislation this year,” Hoylman said in a statement Monday.
The Repeal Walking While Trans Ban Coalition is a subset of DecrimNY, a grassroots group of people with experience in the sex trade. DecrimNY introduced legislation in 2019 to decriminalize the adult sex trade, but organizers say repealing the loitering statute is a distinct, short-term priority for 2020.
“We needed to give each of these bills their own identity because in practice it looks so different and impacts people differently,” said coalition member Saye Joseph, director of national policy and advocacy for the Black Youth Project 100.
Strategically, the loitering legislation has broader support than the legislation to decriminalize the adult sex trade, which has drawn criticism from anti-human trafficking groups with allies in Albany. Manhattan District Attorney Cyrus Vance and Brooklyn DA Eric Gonzalez support the loitering bill, along with a broad coalition of criminal justice reform groups. Queens DA Melinda Katz also indicated her support on the campaign trail last year.
New Yorkers for the Equality Model, some of the state’s staunchest opponents of decriminalizing the sex trade, “wholeheartedly” back the loitering bill, spokesperson Jennifer Holdsworth told the Eagle.
“Talks are ongoing with the governor’s office,” she added. “The coalition… intend[s] to continue to advocate for it.”
The loitering bill is also much simpler to implement than the decriminalization bill, proponents say. The measure would remove a single section of the penal law, whereas the decriminalization legislation calls for sweeping amendments and new laws.
The Repeal “Walking While Trans” Ban Coalition will rally at the State Capitol Tuesday afternoon for the passage of the loitering bill and other criminal justice bills that did not pass in 2019, along with advocates for legalizing marijuana and rolling back technical parole violations. Scheduled speakers include Hoylman, Queens State Sen. Jessica Ramos and Westchester County Assemblymember Amy Paulin, who sponsors the loitering bill in the Assembly.
