New York, NY – The Progressive Caucus stands with our colleagues in the LGBTQ and Women’s Caucus in calling for a repeal of section 240.37 of the New York Penal Law – the walking while trans ban. We urge the state legislature to pass State Senator Hoylman and Assembly Member Paulin’s bill (S2253-A654), that repeals this section of the penal code, and for the governor to sign this legislation into law. We also support Resolution 0923, introduced by Councilmember Carlina Rivera in 2019, that calls for an end to this practice.
This law has been disproportionately used criminalize and harass Black and Latinx trans women, gender non-conforming, and non-binary people and to police both trans and cis women based on what they are wearing. As the nation grapples with the role of policing in our society, we must center marginalized communities in our efforts to reimagine public safety. Trans women of color have been calling for an end to this practice, that essentially criminalizes TGNCNB identities in public and is a continuation of stop and frisk, for years.
While New York state has made progress in enacting laws and policies that protect TGNCNB New Yorkers, these communities continue to be profiled, harassed, surveilled, and criminalized. This discriminatory treatment will not stop until the walking while trans ban is lifted. Now, more than ever, the city and state must work to end harmful policing practices and ensure that all New Yorkers receive equal treatment and protections under the law.