Albany, NY – Assemblymember Amy R. Paulin and State Senator Brad Hoylman were joined by their fellow Assemblymembers and State Senators, civil rights experts, and social justice activists, including advocates from the transgender and gender-nonconforming (TGNC) community, to renew their urgent calls for the passage of A. 654 / S. 2253 which would repeal the section of Penal Law establishing the crime of loitering for the purposes of prostitution, commonly known as the "walking while trans" ban. State Senators Julia Salazar, Luis Sepulveda, and Jessica Ramos, and Assemblymembers Richard Gottfried, Catalina Cruz, Dan Quart and Jeffrey Dinowitz voiced their support for passage of the bill.

The efforts to pass the bill in the closing days of the legislative session have taken on new urgency after the death of Layleen Polanco, a transgender woman of color who died while in solitary confinement on Rikers Island in New York City.

“We know that the arbitrary and discriminatory enforcement of the ‘walking while trans’ law has become an unbearable affront to justice and has led to the disproportionate targeting of some of the most marginalized people in our society, including women of color and members of the transgender community,” said Assembly sponsor Amy Paulin (D-Scarsdale). “The harassment prompted by this has been borne heavily by victims of human trafficking, and abused and exploited women, and does not reflect our current understanding that these victims deserve our help and support to escape their harmful environments, not further harm and degradation. It’s time to repeal this archaic and deeply harmful law.”

“The loitering statute is an instrument of discrimination that disproportionately impacts LGBTQ people and communities of color,” said Senate sponsor Brad Hoylman (D/WF-Manhattan). “It’s repeal is essential to safeguarding the civil rights of all New Yorkers, and I urge my colleagues to act on this critical legislation before the end of session.”

“Repealing the outdated and misused ban on ‘loitering for the purpose of engaging in a prostitution offense’ is a common-sense step toward reducing the discriminatory policing of marginalized people," said Assembly Health Committee Chair Richard N. Gottfried. "Walking while trans should not be probable cause for police harassment, and it is high time to repeal the law that allows New Yorkers to be considered criminals based on how they look.”

“New York’s ‘Walking While Trans Ban’ perpetuated violence against communities of color and the LGBTQ+ community,” said Assemblymember Dan Quart (D-Manhattan). “The statute, susceptible to arbitrary enforcement, gave the NYPD the authority to profile, harass, and arrest people – primarily trans women of color – for waving at a car or wearing tight clothing, or simply existing. These abuses continue to be so common that some of my colleagues and I have called upon the DOI to investigate the NYPD's Vice squad. That being said, this bill will reduce the risk of police violence and likelihood of arrest, and I thank Assemblymember Paulin, Senator Hoylman, as well as our allies at Decrim NY, for championing this important reform.”

“The loitering for the purposes of prostitution law has led to the criminalization and victimization of sex workers in our communities,” said State Senator Julia Salazar (D-Queens). “We should repeal it immediately and move towards full decriminalization of sex work.”

“Anti-loitering measures have had little impact on public safety and led to disproportionate levels of enforcement against women of color , members of the transgender community, and other marginalized groups,” said Assemblyman David I. Weprin (D-Queens). “I urge my colleagues in the Assembly and Senate to pass A.654 before the session comes to a close and repeal this discriminatory law.”

The statute, commonly known as the “walking while trans” ban, permits law enforcement to arrest persons based on a vague assumption that they are occupying public space with the purpose of engaging in sex work, even if the assumption is not evidence-based. Because of the discriminatory nature of the ban, countless numbers of transgender and gender non-confirming (TGNC) people have been arrested while heading to the grocery store or bus stop, congregating with friends, or simply trying to live their lives.

Police reports cite “wearing a skirt,” “waving at a car,” and “standing somewhere other than a bus stop or taxi stand” as reasons to arrest people under this law. According to the Division of Criminal Justice Services (DCJS), there was a 120% increase in these types of arrests in 2018. Of the 152 arrests made in 2018, 49% were Black, 42% were Hispanic, and the remaining 7% were white; 80% of people identified as female, though because of mis-gendering of trans women in police reports, this figure is likely higher.

Compounding the problem of discriminatory and arbitrary arrest, transgender people frequently experience physical, sexual, and verbal abuse at the hands of police. Sixty-one percent of transgender New Yorkers recently surveyed were subjected to police misconduct, including incidences of sexual assault, while a similar number of respondents reported that their experiences of police harassment discouraged them from seeking the assistance of law enforcement altogether.

At the press conference, the legislators were joined by advocates, including those who have been directly impacted by the arbitrary and discriminatory enforcement of this outdated law.

“Every day, trans people of color are attacked for our very existence,” says TS Candii, VOCAL-NY leader. “Just a few weeks ago, I was approached by an officer, who threatened to arrest me for the “loitering for the purposes of prostitution” charge if I didn’t give him oral sex. I did, because I had no choice. That is state-sanctioned sexual violence, but it happens every day to our trans communities. In the wake of Layleen’s death and on the 50th anniversary of Stonewall, it is critical we address state violence against our TGNC communities of color. Legislators, we are counting on you.”

“Even though I am not a sex worker, I have been arrested and targeted for loitering for the purposes of prostitution,” says June, an activist in the TGNC community. “Three years ago, I was walking with my partner in Queens, and then a man started shouting at me. I didn’t respond to him. Then I crossed the block to the other side to avoid him, and then police arrested me. I was strip-searched in the police station because they wanted to see whether I was trans. I was sexually assaulted because of this charge.”