New York state has long suffered under an anti-loitering law that police used to target, harass, and arrest transgender citizens simply for walking down the street. The “Walking While Trans” ban, as it’s come to be known, ostensibly prohibits loitering for the purposes of prostitution. But in reality, law enforcement officials often use it as a flimsy excuse to disproportionately focus their attention on people they perceived to be transgender.
In the coming week, a committee in the New York State Legislature will review the bill, according to the New York Daily News. It appears likely that the old law, which dates back to the mid-1970s, will be repealed after Democrats won back the state Senate in the 2020 elections.
“The Senate under my leadership has made it clear we stand for equality and justice,” said Senate Majority Leader Andrea Stewart-Cousins in a statement to the Daily 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.”
For nearly 50 years, the law has stated that loitering for the purposes of prostitution constitutes a “violation,” the lowest level of offense punishable by the N.Y.P.D., and repeat offenses escalate to a misdemeanor, which could result in a fine or jail time. Because of vague wording in the law, police have a wide latitude to interpret all manner of behavior as qualifying for an arrest.
Bills to repeal the law have stalled in past years due to Republican obstruction in the state Senate, but Democrats now control supermajorities in both houses of the legislature. New York Governor Andrew Cuomo, a Democrat, has said that he supports overturning the law.
The repeal has been hailed by LGBTQ+ advocacy groups.
“We are seeing history being made in regards to trans rights being prioritized,” said Kiara St. James with the New York Transgender Advocacy Group in a statement to the Daily News. “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.”
Advocates for reform say that transgender people of color have been disproportionately targeted by police under the law. About half of the people arrested under the law in 2018 were Black, and the other half were Latinx, according to the advocacy organization Make the Road New York. A lawsuit filed over the law in 2016 by The Legal Aid Society featured eight plaintiffs, five of whom were trans women who were arrested simply for taking a walk outside their houses.
In a case settled last November, a transgender New York resident, Linda Dominguez, accused police of harassing her while she was walking home from work. When police noticed that the names on her IDs didn’t match, they arrested her for “false impersonation.” She was reportedly handcuffed and locked in a cell for hours as police officers misgendered her.
As a result of the settlement, Dominguez received $30,000 in damages. The NYPD will also require all officers to undergo diversity training, even if they’ve already received it.
Many law enforcement leaders support repealing the “Walking While Trans” statute as well, recognizing the consequences of giving police free reign to target vulnerable minorities.
“Violence and abuse victimizing our trans neighbors occurs at an alarming rate, and we must do more to protect them,” said Madeline Singas, Nassau County District Attorney, in a statement quoted by the Daily News. “The repeal of the ‘walking while trans’ law is an important step, and I commend the leaders who have championed this issue so tirelessly.”
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