In 1976, New York approved a law that was meant to bar loitering by prostitutes, one of the many efforts by officials at the time to curb urban blight. But the measure over the years has been increasingly viewed as discriminatory toward women -- especially women of color and transgender individuals.
On Tuesday, Gov. Andrew Cuomo signed a repeal of portions of the law that's come to be known as "walking while trans" among advocates who have called for changes in recent years.
"New York today corrects an injustice in our penal code that has permitted law enforcement to arrest transgender women—namely those of color, along with immigrants and LGBTQ youth—simply for walking down the street and the clothes they wear," said Sen. Brad Hoylman, the Senate sponsor of the measure. "This outdated, discriminatory statute has led to hundreds of unnecessary arrests of transgender women of color and a broader culture of fear and intimidation for transgender and gender nonconforming New Yorkers."
Cuomo signed the measure soon after lawmakers gave it final passage in the state Senate and Assembly.
"COVID exposed low tide in America and the 'walking while trans' policy is one example of the ugly undercurrents of injustices that transgender New Yorkers - especially those of color - face simply for walking down the street," Cuomo said.
"For too long trans people have been unfairly targeted and disproportionately policed for innocent, lawful conduct based solely on their appearance. 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. New York has always led the nation on LGBTQ rights, and we will continue that fight until we achieve true equality for all."
The measure's passage is the latest victory for advocates of LGTBQ rights in the state as lawmakers have in recent years moved to bolster protections for transgender New Yorkers.
"The arbitrary and discriminatory enforcement of the 'walking while trans' law has become an unbearable affront to justice and has led to the disproportionate targeting of some of the most marginalized people in our society, including women of color and members of the transgender community," said Assemblywoman Amy Paulin. "Repealing this archaic law is a victory for equity and justice for all New Yorkers."