On February 2, with S01351/A03355, the New York State Senate and Assembly repealed, the “Walking While Trans” ban, a 50-year-old loitering law, used to harass transgender individuals.
Senate bill sponsor Brad Hoylman said, “[W]e’re striking from the books a law that for decades has allowed law enforcement broad discretion to arrest transgender woman, immigrants and LGBTQ youth simply for what they look like, the clothes they’re wearing, or where they are standing. This outdated and discriminatory law has led to thousands of unnecessary arrests and a broader culture of fear and intimidation for transgender and gender nonconforming New Yorkers, particularly for those of color. Transgender activists, human rights organizations, anti-trafficking advocates and district attorneys all agree it’s time to end the ban on ‘walking while trans.’”
New York Transgender Advocacy Group’s Kiara St. James said, “Thank you Senator Brad Hoylman, For continuing to be a champion for the TGNC community, We are seeing history being made in regards to Trans rights being prioritized and 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.”
New York City LGBT Community Center Director of Policy and Community Outreach Trevon Mayers issued the following statement:
“We commend New York State lawmakers for repealing the ‘Walking While Trans’ ban (S01351/A03355) and sealing prior convictions and violations related to it. This is a significant step toward ensuring the protection and safety of all LGBTQ New Yorkers. For more than 40 years, the discriminatory enforcement of this statute was used to target, harass, coerce, and arrest Black and brown transgender women and gender-expansive people just because of how they dress, or for simply existing in public spaces. As community advocates have pointed out, it essentially functioned as stop-and-frisk 2.0.
The Walking While Trans ban encouraged racist and gender-based profiling by law enforcement, demeaning and criminalizing people for being who they are—but no longer. Today, New York State took a step toward addressing a long history of unjust policing practices, and showed that it is capable of honoring its progressive values with concrete action.
This victory is thanks to the tireless efforts of Black and brown trans, gender nonconforming, and nonbinary advocates, including those who have been directly impacted by the statute. We were proud to follow their leadership and lend our support through The Center’s statewide advocacy initiative, RiseOut.”