New York Repeals “Walking While Trans” Bill
February 5, 2021
Recently, there have been reports in New York that if you are transgender and you are out in a public place or even in your own neighborhood, you can be stopped by police for no other reason than being outside. The “Walking While Trans” ban is the colloquial name for a law originally passed in 1976 that was intended to prohibit loitering for the purpose of prostitution, but has been widely criticized for discriminating against transgender people of color.
One instance occurred in 2008 when Bianey Garcia was walking with her boyfriend. Five officers got out of a van, pushed her against the wall, and told her she was doing sex work. She was found guilty of loitering for the purpose of prostitution since she wasn’t aware of her rights. This law is known for its extreme vagueness, so many trans women and men have been detained by law enforcement because of it. Gabriel Arkles, senior counsel at the Transgender Legal Defense said, “We saw this law being used against LGBT people and specifically transgender women or people who appeared more feminine, they would be stopped by police under this law and would face harassment or arrest.”
Thankfully, a number of protests resulted in it being repealed. LGBTQI activists, advocates, and legislators who have been pushing for the ban to be lifted for many years have now finally succeeded. “Repealing the ‘walking while trans’ ban was a critical step toward reforming our policing system and reducing the harassment and criminalization transgender people face simply for being themselves,” said Governor Cuomo who governs new york.