San Francisco Chronicle

Antiloiter­ing law slammed as biased

Senator proposes bill to strike charge often used against transgende­r women

- By Dustin Gardiner

SACRAMENTO — California’s antiloiter­ing law is so vague that innocuous factors such as wearing tight clothing, talking to pedestrian­s or standing on the wrong street can lead to prostituti­on charges, according to activists pushing for a change.

LGBTQ and racial justice advocates want legislator­s to repeal the law on the grounds that it leads to disproport­ionate police enforcemen­t against women of color and transgende­r women.

State Sen. Scott Wiener, DSan Francisco, introduced a bill Monday to rescind a 1995 law that prohibits loitering in public places with the “intent to commit prostituti­on.” He said the wording is so arbitrary it has inevitably led to bias in how police and prosecutor­s use it.

“It’s all based on profiling, so not surprising­ly, the people who are being profiled are largely trans women and Black and Latinx women,” Wiener said. “It’s just an awful law that can only be enforced by profiling and stereotypi­ng.”

His proposal, SB357, would erase California’s law and allow people with prior conviction­s to have the charges dismissed and their court records sealed.

Last month, New York became the first state to repeal a similar antiloiter­ing law meant to discourage prostituti­on. Opponents have dubbed such laws “walking while trans bans” because police often arrest transgende­r women.

Bamby Salcedo, president of the TransLatin@ Coalition, an advocacy group in Los Angeles,

said the law allows police to harass transgende­r women for how they look, how they walk or whom they’re talking with.

“Many of us don’t have the privilege of passing (as a nontransge­nder woman), and so we get stopped, questioned,” Salcedo said. “Oftentimes, we’re just hanging out with our friends or even walking to get milk at the store.”

She said the problem is magnified because transgende­r people, particular­ly trans women of color, are often poor and live in highcrime neighborho­ods, where police are more likely to focus on them.

According to a 2020 paper by students at the UCLA School of Law, Black adults accounted for 56% of 2,202 charges for violating the antiloiter­ing law in Los Angeles from 2017 to 2019. Black people make up about about 9% of the city’s population.

Women accounted for 67% of all charges. The study did not include data on charges against transgende­r people, and it’s possible some transgende­r women were grouped with men.

TS Jane, a sex worker in San Diego and organizer for transgende­r and sex workers’ rights, said many transgende­r people feel anxious about how they dress and walk in public, regardless of whether they work in the sex industry, because they fear police harassment.

“It’s not a crime to express your gender loud and proud,” she said. “If this bill passes, it’s one step to trans liberation.”

Nationally, the effort to repeal antiloiter­ing laws has gained traction as part of the Black Lives Matter movement. Activists say such laws have been used since Jim Crow days to remove people of color from certain neighborho­ods.

Wiener said California’s law was among 1990s toughoncri­me ordinances that gave police wide latitude to target “undesirabl­e” people.

“This is a vestige of a time that we need to really firmly put into the history books,” he said.

But the effort is likely to face opposition from some law enforcemen­t associatio­ns.

Wiener’s bill would not decriminal­ize sex work or repeal other laws that prohibit soliciting prostituti­on. However, he said he hopes the bill is a step in that direction because criminaliz­ing sex work “pushes people undergroun­d, and makes people less safe.”

In New York, some Republican­s in the state Legislatur­e framed the effort as a Democratic ploy to push for the legalizati­on of prostituti­on. But that opposition softened after the state District Attorneys Associatio­n said the loitering law had caused “harassment and unjust arrests.”

TS Jane said starting a debate about the merits of legalizing sex work isn’t ultimately a bad outcome.

“I feel like America in general, as a collective, we’re just so scared to talk about sex,” she said. “But if we take that power back and shift the narrative, I feel like that’s the first step to sex worker liberation.”

 ?? Photos by Sandy Huffaker / Special to The Chronicle ?? San Diego sex worker TS Jane poses with a trans flag. How she dresses could practicall­y get her arrested.
Photos by Sandy Huffaker / Special to The Chronicle San Diego sex worker TS Jane poses with a trans flag. How she dresses could practicall­y get her arrested.
 ?? Sandy Huffaker / Special to The Chronicle ?? TS Jane puts on makeup at home. If a 1995 loitering law is repealed, she will have less to fear from just walking down the street.
Sandy Huffaker / Special to The Chronicle TS Jane puts on makeup at home. If a 1995 loitering law is repealed, she will have less to fear from just walking down the street.
 ?? Sandy Huffaker / Special to The Chronicle ?? TS Jane hopes to end a law that state Sen. Scott Wiener calls a vestige of a time that must be “firmly put into the history books.” Critics say the law has been used to discrimina­te.
Sandy Huffaker / Special to The Chronicle TS Jane hopes to end a law that state Sen. Scott Wiener calls a vestige of a time that must be “firmly put into the history books.” Critics say the law has been used to discrimina­te.

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