Name: New York repeals state’s antiquated ‘walking while trans’ ban
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New York repeals state’s antiquated ‘walking while trans’ ban

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AdvertisementBy New York Daily NewsFeb 02, 2021 at 6:12 pmALBANY — New York repealed a vague loitering law advocates say has long been used by police to harass and target transgender people.The measure striking down what’s become known as the state’s “walking while trans” ban, a relic of the 1970s that criminalized “loitering for the purpose of prostitution” and allowed cops wide berth to make arrests based on someone’s appearance, was approved 45-16 Tuesday in the Senate and later passed the Assembly. Gov. Cuomo signed the bill into law hours after it was sent to his desk.Advertisement“This outdated and discriminatory law has led to thousands of unnecessary arrests and a broader culture of fear and intimidation for transgender and gender-nonconforming New Yorkers, particularly for those of color,” said bill sponsor Sen. Brad Hoylman (D-Manhattan).Advocates have been calling on Dems to approve the repeal since they took control of the Senate in 2019, arguing that the statute has resulted in widespread police profiling, unjustified arrests and harassment for many in LGBT, immigrant, Black and Latino communities.AdvertisementThe statute, on the books since 1976, gives cops 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 law allows cops to use seemingly arbitrary observations such as someone’s dress or appearance as grounds for arrest.“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.Gov. Cuomo has expressed support for the overhaul, even including a repeal in his State of the State policy proposals released last month.Assemblywoman Amy Paulin (D-Westchester) said the bill will “repeal our draconian and deeply harmful current law.”The new law does not decriminalize prostitution, but will seal prior arrests made under the statute, which has been at the center of lawsuits and other actions in recent years.In a 2016 class-action suit 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.AdvertisementOver 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.“New York State is only a pen stroke away from finally relegating this biased law to the history books, one that has stigmatized and dehumanized Black and Brown TGNC individuals, sex-trafficking victims, and sex workers for over 40 years,” said Tina Luongo, attorney-in-charge of the Criminal Defense Practice at The Legal Aid Society. “Both the repeal and sealing provisions are critical to remedy past harms and necessary to ensure that race and gender presentation are not further criminalized.” Advertisement

AdvertisementBy New York Daily NewsFeb 02, 2021 at 6:12 pmALBANY — New York repealed a vague loitering law advocates say has long been used by police to harass and target transgender people.The measure striking down what’s become known as the state’s “walking while trans” ban, a relic of the 1970s that criminalized “loitering for the purpose of prostitution” and allowed cops wide berth to make arrests based on someone’s appearance, was approved 45-16 Tuesday in the Senate and later passed the Assembly. Gov. Cuomo signed the bill into law hours after it was sent to his...

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New York repeals state’s antiquated ‘walking while trans’ ban

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