Chattanooga Times Free Press

Judge dismisses thousands of prostituti­on cases

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NEW YORK — A New York judge tossed out thousands of prostituti­on-related cases dating to the 1970s on Wednesday at the request of the Manhattan district attorney, who announced he would no longer prosecute many offenses related to sex work.

The mass dismissal of charges is the latest big step in a movement to decriminal­ize prostituti­on — or at least aim prosecutio­ns at people involved in human exploitati­on, rather than at the mostly poor women who have historical­ly made up the bulk of people arrested.

Many of the dismissed cases involved the former crime of loitering for the purpose of engaging in prostituti­on. Earlier this year, the state Legislatur­e repealed a 1970s anti-loitering law that opponents decried as a “walking while trans” ban.

State court Judge Charlotte Davidson dismissed the cases after District Attorney Cyrus Vance Jr., a Democrat, told the court in a video hearing that he wanted the cases dropped because the accused were “unfairly targeted.”

“By vacating warrants, dismissing cases and erasing conviction­s for these charges, we are completing a paradigm shift in our approach,” Vance said in a statement after the decision. “These cases … are both a relic of a different New York, and a very real burden for the person who carries the conviction or bench warrant.”

Vance’s office said it had identified about 6,000 cases in its records where there were conviction­s or open warrants with top charges of misdemeano­r prostituti­on or unlicensed massage.

In February, New York repealed a 1976 law that allowed police to arrest people who appeared to be using a public space for prostituti­on. Police could make that judgment based on someone’s dress or appearance. Lawmakers pointed to police reports that cited “wearing a skirt” as grounds to make an arrest.

Eight people — including five transgende­r woman of color — filed a 2016 lawsuit challengin­g the old law as discrimina­tory, saying it had led to arbitrary arrests of transgende­r people in particular. The plaintiffs said people were still being detained “simply because an officer takes issue with her clothing or appearance.”

Since then, local district attorneys had started to voluntaril­y stopped enforcing the law.

Vance’s office would still prosecute more serious crimes related to prostituti­on, including those involving coercion or human traffickin­g.

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