According to the New York Post, an internal memo obtained by the newspaper shows that the New York Police Department was notified on Feb. 3 that they can no longer arrest people who loiter on the streets for the purpose of prostitution.
CNN describes a bill signed by New York Governor Cuomo on Feb. 2 that repeals the WalkingWhile Trans, an anti-loitering law that was introduced in 1976 that allowed police to search and stop suspected prostitutes loitering on the street, but which ultimately led to discrimination against people of color by law enforcement officials.
According to New York State Assemblyman Brad Hoylman, the 1976 law “has led to arbitrary and discriminatory law enforcement that targets women from marginalized groups who are at high risk of sex trafficking and other exploitation and abuse. He said the law allows police to “stop and frisk transgender women of color and other marginalized groups, even if they are simply walking down the street.”
The New York Post reported that the day after the law was rescinded, in response, the NYPD no longer acted in accordance with the law. Going forward, police cannot arrest someone on this separate ground if they are waving at or stopping a passerby or their vehicle on the street with the possible intent of prostitution. However, all provisions of the New York Penal Law relating to combating prostitution remain in effect.
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