On Tuesday, February 2nd, New York’s statute 240.37--known as the “walking while trans” ban--was successfully repealed, thanks to years of ongoing organizing. The law was enacted in 1976 and made it illegal to loiter for the purposes of prostitution. In practice, it functioned as a modern version of vagrancy laws, which have been used since the sixteenth century as a carte blanche for police to arrest anyone they like under the guise of trying to prevent crime. Police used statute 240.37 to target anyone they suspected of prostitution based on appearance--especially trans women and women of color. 85% of those arrested between 2012 and 2015 were Black and/or Latinx.
This law was just one of many examples of systemic justifications for violence against Black trans people in the United States. A survey conducted by the National Center for Transgender Equality and the National Gay and Lesbian Task Force found that trans and gender nonconforming folks face discrimination in highly disproportionate numbers compared to the general population.
The statute repeal can serve as a jumping-off point to address both discrimination against trans people and the criminalization of sex work. Police tactics allegedly geared toward human trafficking are used to harass, arrest, and convict sex workers, their customers, and those falsely accused of being involved in the sex trades. While 65% of New York sex workers report that their clients are white, most people targeted by police as johns are Black. According to a ProPublica data analysis, African Americans make up 89% of those charged with prostitution and 93% of those accused of purchasing sex in New York.
Brooklyn District Attorney Eric Gonzalez announced last week that he would decline prosecution of or dismiss all open prostitution and loitering cases. Still, current laws drive sex workers underground and into dangerous environments while failing to address human trafficking. Effective advocacy for sex workers needs to begin with decriminalization.
So, as we celebrate the wins, we harness that energy and joy into continuing the work towards racial justice. Read on for more ways to plug in and show up!
In solidarity,
SURJ NYC