Bill to repeal state anti-loitering law goes to Newsom

Governor will review controversial measure that has implications for sex workers.

A controversial bill to repeal a provision of California law that prohibits loitering with the intent to sell sex is on its way to Gov. Gavin Newsom’s desk nine months after it passed the Legislature, deeply dividing Democrats, sex workers and trafficking survivors along the way.

Senate Bill 357 would rescind the misdemeanor law against loitering in public for the purpose of engaging in prostitution.

Advocates for the measure argued that law enforcement officers use California’s loitering rules to disproportionately target Black, brown and transgender Californians, and that the practice leads to unsafe conditions for workers.

They also contend that loitering arrests make it difficult for people to find housing and jobs due to criminal records, and that police use subjective criteria when pursuing an arrest, such as the type of clothing or makeup a person wears.

Opponents said SB 357 would remove a crucial tool to stop sex trafficking, especially of children, and would hamstring victim outreach efforts.

The measure passed the Legislature in September, but state Sen. Scott Wiener (D-San Francisco) delayed sending it to Newsom until Monday. He wanted to buy time to address arguments against the bill and make the case for why he thinks the governor should sign it.

Wiener also decided to wait until Pride Month, a time when many in the community — especially transgender women — have heightened their protests against anti-LGBTQ laws in other states.

Newsom now has 12 days to sign or veto the bill, or allow it to become law without his signature. Newsom’s office declined to comment on his pending decision.

“This Pride Month, as we see a surge in violence against and harassment of the LGBTQ community, it is more important than ever to