Name: New York Democrats finally ready to repeal ‘walking while trans’ loitering law
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New York Democrats finally ready to repeal ‘walking while trans’ loitering law

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AdvertisementBy New York Daily NewsJan 21, 2021 at 5:53 pmALBANY — Legislation repealing a long-criticized loitering law advocates say is used by police to harass and target transgender people is finally moving forward.Senate Democrats will bring a bill striking down New York’s law related to loitering for the purpose of prostitution, also known as the “walking while trans” law, to the committee next week.AdvertisementIt’s the first time the measure will advance in the upper chamber, and both the Senate and Assembly are slated to pass the long-stalled legislation the following week, the Daily News learned Thursday.“The Senate under my leadership has made it clear we stand for equality and justice,” Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) told The News. “For too long this loitering statute has been used to target LGBTQ people, communities of color and victims of sex trafficking. The Senate will be repealing this law.”AdvertisementAdvocates, who have been calling on Dems to approve the repeal since they took control of the Senate in 2019, say the current law has resulted in widespread police profiling, unjustified arrests and harassment for many in LGBT, immigrant as well as Black and Latino communities.The change could help end discriminatory enforcement that often targets women from marginalized groups who are at high risk for sex trafficking and other exploitation and abuse, advocates said.“We are seeing history being made in regards to trans rights being prioritized, and the passage of this bill will improve the quality of life for all New Yorkers, and especially of Black and Brown trans women who have historically been targeted and unduly profiled simply for our existence,” said Kiara St. James of the New York Transgender Advocacy Group.The current law, on the books since 1976, gives officers grounds to arrest a person for allegedly stopping, talking to, or beckoning at others in a public place.It states that loitering for the purposes of engaging in prostitution is a violation, the lowest level of offense, for first-time offenders and a misdemeanor for repeat offenders. But the vaguely worded statute allows cops to use seemingly arbitrary observations such as someone’s dress or appearance as grounds for arrest.In a 2016 class-action lawsuit brought by the Legal Aid Society challenging the law, five of the eight named plaintiffs were transgender women of color arrested for simply standing outside, speaking to one another, or walking home from the subway or grocery store.Of the 152 people arrested under the statute in 2018, 49% were black and 42% Latino, according to data from the New York Department of Criminal Justice Service.Over the past two years, district attorneys in the city and the NYPD have backed away from pursuing and prosecuting the offense, but members of the trans community say they still fear being profiled based on their appearance without action in Albany.Advertisement“Violence and abuse victimizing our trans neighbors occurs at an alarming rate, and we must do more to protect them,” said Nassau County District Attorney Madeline Singas. “The repeal of the ‘walking while trans’ law is an important step, and I commend the leaders who have championed this issue so tirelessly.”Assemblywoman Amy Paulin (D-Westchester), who has sponsored the bill for the past several legislative sessions, said she was happy the measure appears poised to pass both chambers.“The manner in which the ‘walking while trans’ law has been enforced is not justice, it is discrimination,” she said. “I am glad that we are finally going to right this wrong in our criminal justice system and repeal this antiquated law.”Gov. Cuomo first expressed his support for the repeal of the discriminatory law last year and included it among his State of the State policy priorities this year as Senate Dems won a supermajority in the upper chamber this past November, bolstering the bill’s chances.New York Sen. Brad Hoylman (D-Manhattan), who sponsors the bill alongside Paulin, said the time has come to end the discriminatory practice.“We need to get rid of the overly broad and archaic statute that allows transgender women of color, immigrants and LGBT youth to be profiled just because of the way they look,” Hoylman said. “Now that we’ve got a veto-proof majority and 37 senators as co-sponsors on our legislation, I’m thrilled that we’re taking action to correct an injustice that has disproportionately harmed vulnerable New Yorkers for decades.” Advertisement

AdvertisementBy New York Daily NewsJan 21, 2021 at 5:53 pmALBANY — Legislation repealing a long-criticized loitering law advocates say is used by police to harass and target transgender people is finally moving forward.Senate Democrats will bring a bill striking down New York’s law related to loitering for the purpose of prostitution, also known as the “walking while trans” law, to the committee next week.AdvertisementIt’s the first time the measure will advance in the upper chamber, and both the Senate and Assembly are slated to pass the long-stalled legislation the following week, the...

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New York Democrats finally ready to repeal ‘walking while trans’ loitering law

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