New York Repeals ‘Walking While Trans’ Law

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02/03/2021

New York Gov. Andrew Cuomo signed a bill Tuesday that repeals a state anti-loitering law, commonly called the “walking while trans” ban, that critics say police used to harass and arrest law-abiding trans people, in particular. The new measure effectively takes off the books a 1976 law that sought to prohibit loitering for the purpose of prostitution. Politicians and LGBTQ advocates say the law resulted in decades of discrimination by law enforcement. “Repealing the archaic ‘walking while trans’ ban is a critical step toward reforming our policing system and reducing the harassment and criminalization transgender people face simply for being themselves,” Cuomo said in a statement. Advocates for repealing the anti-loitering law said it had previously been used with a broad definition that police used to justify the arrest of someone because of the clothes they wore or where they stood on the street. “New Yorkers have been fighting for years to end what has become stop-and-frisk for transgender women of color, and the Walking While Trans ban enabled the profiling and arrest of transgender New Yorkers for doing nothing more than standing or walking on the street,” said Human Rights Campaign President Alphonso David in a statement.

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