Cy axes 5,080 cases against sex workers

Sex workers in Manhattan no longer face criminal prosecution, District Attorney Cy Vance Jr. announced Wednesday — as a judge dismissed thousands of minor sex work-related offenses at his request.

Vance’s move follows the repeal of New York’s “walking while trans” law, signed by Gov. Cuomo in February. Besides decriminalizing a section of the penal code titled “loitering for purpose of engaging in prostitution,” the new law requires past convictions under the law to be sealed.

At a virtual court hearing, Vance asked a judge to dismiss loitering cases as well as prostitution and unlicensed massage cases, some dating to the 1970s.

“Although my office has not prosecuted this crime since 2016, we have identified 5,080 cases where the top charge is loitering for the purpose of prostitution and there is an open bench warrant,” Vance said.

“My office recognizes that the vulnerabilities imposed by warrants relating to loitering for purposes of prostitution apply equally to many of the people who are charged with prostitution and unlicensed massage.”

Advocates long complained that police used the loitering law as a pretext to harass and target transgender people.

Patronizing sex workers and trafficking people for sex will still be criminally prosecuted, according to a statement issued by Vance after the hearing.

Vance also asked Manhattan Supreme Court Justice Charlotte Davidson to dismiss 878 cases with pending bench warrants under the repealed law.

“Many of these warrants were issued at a time when we did not recognize the circumstances that the individuals were facing. In many of these matters, vulnerable people have faced significant collateral consequences and live, even now, under the threat of being detained based on pending bench warrants.”

The DA also moved to dismiss 36 cases in which people were charged with attempted unauthorized practice of a profession, in the context of offering unlicensed massages.

Vance said his office has undergone “a paradigm shift” in its understanding of the issues through working with the Legal Aid Society’s exploitation intervention project — which joined Vance’s request — and survivors of sex trafficking.

His motion also covers cases in which people pleaded guilty.

Davidson granted the request and lauded Vance for his decision. She gave the court 90 days to update its database and communicate the vacating of the warrants to the NYPD.