TUESDAY, FEBRUARY 2, 2021 1:13 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED MEMBERS AND
VISITORS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF MONDAY, FEBRUARY 1ST.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
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NYS ASSEMBLY FEBRUARY 2, 2021
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, FEBRUARY
THE 1ST AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I'D JUST LIKE TO TAKE AN OPPORTUNITY TO SHARE A QUOTE FOR TODAY.
THIS QUOTE IS FROM THE SONG LIFT EVERY VOICE AND SING, WHICH IS OFTEN
CALLED THE NATIONAL BLACK ANTHEM. IT WAS WRITTEN AS A POEM BY
NAACP LEADER JAMES WELDEN JOHNSON IN 1871. IT WAS SET TO MUSIC BY
HIS BROTHER, RAYMOND JOHNSON, IN 1873 AND IN 1899, IT WAS FIRST
PERFORMED IN THE PUBLIC BY THE JOHNSON'S HOMETOWN OF JACKSONVILLE,
FLORIDA AS A PART OF A CELEBRATION OF LINCOLN'S BIRTHDAY ON FEBRUARY THE
12TH, 1990 -- 1900 BY A CHOIR OF 500 SCHOOLCHILDREN AND THE SEGREGATED
STANTON SCHOOL WHERE JAMES WELDEN JOHNSON WAS THE PRINCIPAL. MR.
SPEAKER, THE WORDS: "STONY THE ROAD WE TROD, BITTER THE CHASTENING ROD
FELT IN THE DAYS WHEN HOPE UNBORN HAD DIED. YET WITH A STEADY BEAT,
HAVE NOT OUR WEARY FEET COME TO THE PLACE FOR WHICH OUR FATHERS
SIGHED? WE HAVE COME OVER A WAY THAT WITH TEARS HAS BEEN WATERED.
WE HAVE COME, TREADING OUR PATH THROUGH THE BLOOD OF THE SLAUGHTERED.
OUT FROM THE GLOOMY PAST, TILL NOW WE STAND AT LAST, WHERE THE WHITE
GLEAM OF OUR BRIGHT STAR IS CAST."
WITH THAT, MR. SPEAKER, MEMBERS SHOULD BE AWARE,
FIRST OF ALL, THAT WE ARE MULTITASKING AS WE ARE ENGAGED IN THE HOUSING
JOINT BUDGET HEARING. THE CHAIRWOMAN WEINSTEIN HAS ADVISED THAT
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NYS ASSEMBLY FEBRUARY 2, 2021
MEMBERS WHO WOULD LOG OFF OF THE HEARING AND LOG ONTO SESSION THAT
YOUR PLACE WILL BE HELD IN LINE TO ASK YOUR QUESTIONS AT THE HEARING.
MEMBERS DO HAVE ON THEIR DESK THE A-CALENDAR. AFTER WE TAKE UP
RESOLUTIONS, OUR PRINCIPAL WORK FOR THE DAY WILL BE MS. PAULIN'S BILL,
CALENDAR NO. 77. THAT WILL BE ON DEBATE. IMMEDIATELY FOLLOWING THIS
SESSION, MR. SPEAKER, THERE WILL BE A NEED FOR A MAJORITY CONFERENCE
AND, AS ALWAYS, WE WILL CONSULT WITH OUR COLLEAGUES ON THE OTHER SIDE
TO SEE WHAT THEIR NEEDS WILL BE.
MR. SPEAKER, THAT'S THE GENERAL OUTLINE, THAT'S WHAT WE
HAVE FOR TODAY. IF YOU HAVE ANY ADDITIONAL HOUSEKEEPING, NOW WOULD
BE THE APPROPRIATE TIME.
ACTING SPEAKER AUBRY: NO HOUSEKEEPING,
MRS. PEOPLES-STOKES. WE WILL GO DIRECTLY TO THE RESOLUTIONS ON PAGE 3.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 36, MR.
FALL.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM FEBRUARY 2021 AS AFRICAN DIASPORA
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. FALL ON THE
RESOLUTION.
MR. FALL: THANK YOU, MR. SPEAKER. AND THANK
YOU TO MY COLLEAGUES WHO CO-SPONSORED THIS RESOLUTION. BACK IN THE
LATE 1980S, MY PARENTS IMMIGRATED FROM GUINEA, WEST AFRICA AND THE
VERY VALUES SET WITHIN THE AFRICAN DIASPORA WERE INSTILLED IN ME AND
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NYS ASSEMBLY FEBRUARY 2, 2021
MY SIBLINGS. OUR FAMILIES SHARED THE LIFE EXPERIENCES AND TRADITIONS
THAT BENEFITTED OUR FRIENDS AND NEIGHBORS. THIS INCLUDES THE TYPE OF
FOOD THAT WE MAKE IN WEST AFRICA, THE CLOTHING THAT WE MAKE, AND ET
CETERA. FOR FOLKS THAT MAY NOT KNOW, THE TERM "DIASPORA" IS DEFINED AS
A SCATTERING OF POPULATION WHOSE ORIGIN LIES IN A SEPARATE GEOGRAPHICAL
LOCATION. THIS IS NOT JUST FOR AFRICANS. OTHER EXAMPLES INCLUDE THE
IRISH DURING THE IRISH FAMINE, THE JEWS FROM THE LAND OF ISRAEL;
HOWEVER, WHEN DISCUSSING DIASPORA, WE MUST RECOGNIZE THE AFRICAN
TRANSATLANTIC SLAVE WHICH WE ALL KNOW THE IMPACT THAT HAD ON OUR
BROTHERS AND SISTERS.
AS A REPRESENTATIVE FOR THE NORTH SHORE OF STATEN
ISLAND, I AM A STRONG BELIEVER IN COMMUNITY, THAT WHEN WE ARE UNITED
WE CAN ALL ACHIEVE SUCCESS FOR A BETTER TOMORROW. I ALSO FEEL STRONGLY
ABOUT KEEPING ONE'S HERITAGE, VALUES, AND MORAL CLOSE TO ONE'S HEART.
TODAY, THE CURRENT AFRICAN DIASPORA IS MAKING MAJOR CONTRIBUTIONS TO
THE WORLD, WHETHER IT'S HERE IN OUR HOUSE OR IN WASHINGTON D.C., AND
WE CONTINUE TO MAINTAIN AND PASS DOWN MANY TRADITIONS TO PRESERVE
OUR HERITAGE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ON THE RESOLUTION, MR. BARRON.
MR. BARRON: THANK YOU, MR. SPEAKER, AND THANK
YOU, ASSEMBLYMEMBER FALL, FOR THIS RESOLUTION THAT YOU BRING FORTH
ANNUALLY. I CANNOT THINK OF A BETTER WAY TO START OFF BLACK HISTORY
MONTH THAN AFFIRMING OUR IDENTITY AS AN AFRICAN PEOPLE. I THINK DR.
JOHN HENRIK CLARKE, THE GREAT ICONIC HISTORIAN, SAID IT BEST WHEN HE
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NYS ASSEMBLY FEBRUARY 2, 2021
SAID, YOU'RE NOT WHO YOU ARE BASED UPON WHERE THE BOAT SHIPS
DROPPED YOU OFF, YOU'RE WHO YOU ARE BASED UPON WHERE THE SHIPS
PICKED YOU UP FROM. AND THEY PICKED US ALL UP FROM AFRICA AND
DISBURSED US THROUGHOUT THE DIASPORA AND SENDING US TO THE SO-CALLED
"WEST INDIES" AND TO THE NORTH AMERICA, SOUTH AMERICA, CENTRAL
AMERICA. AND AS WE GOT DISBURSED THROUGHOUT THE DIASPORA, WE
ADOPTED THE IDENTITIES OF THE COUNTRIES THAT ENSLAVED US AND THE
LANGUAGES OF OUR ENSLAVERS, ENGLISH, FRENCH, PORTUGUESE, SPANISH;
THOSE ARE THE LANGUAGES WE ADOPTED. SO, WE SOMETIMES ARE NOT HAVING
ANY UNANIMITY OF IDENTITY BECAUSE WE TAKE ON THE LANGUAGE OF OUR
OPPRESSORS, THE IDENTITY OF THE COUNTRIES THAT OPPRESSED US AND -- OR THAT
WE WERE DROPPED OFF IN.
SO AS MALCOLM X ONCE SAID THAT IF A CAT HAD KITTENS IN
THE OVEN, YOU WOULDN'T CALL THEM BISCUITS; THEY WOULD STILL BE KITTENS.
SO YOU DON'T CHANGE YOUR IDENTITY AS AN AFRICAN PERSON BASED UPON
WHERE YOU WERE DROPPED OFF. SO WE AS AN AFRICAN PEOPLE SHOULD BE A
PROUD AFRICAN PEOPLE, SHOULD KNOW THAT THE CONTINENT OF AFRICA BUILT
THE FIRST CIVILIZATIONS, THEY GAVE THE WORLD MATHEMATICS, SCIENCE,
ASTROLOGY, ASTRONOMY, BUILT THE MIGHTY PYRAMIDS, THE MIGHTY SPHINX,
THE ROCK-HEWN CHURCHES OF ETHIOPIA, WE WERE THE FIRST TO DO ALL OF THIS
AND WE SHOULD BE PROUD. AS A MATTER OF FACT, OUR ENSLAVEMENT BUILT THE
FOUNDATION OF THIS RACIST, PARASITIC CAPITALIST SYSTEM, THE THEFT OF THE
LAND FROM THE INDIGENOUS PEOPLE AND OUR ENSLAVEMENT IS WHAT GAVE THE
BASIS TO THE SYSTEM THAT EXISTS NOW CALLED CAPITALISM.
SO WE ARE A PROUD AFRICAN PEOPLE. THIS IS A GREAT
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NYS ASSEMBLY FEBRUARY 2, 2021
RESOLUTION AND WE SHOULD CONTINUE TO BE PROUD OF OUR HERITAGE. WE
HAVE BEAUTIFUL PEOPLE. OUR DARK SKIN, LIGHT SKIN, BROWN SKIN, OUR
COARSE HAIR, OUR DRESS, OUR AFRICAN DRESS, THE FOOD WE EAT, THE WAY WE
DANCE, THE WAY WE WALK AND TALK, OUR BRILLIANCE. WE ARE BRILLIANT
AFRICAN PEOPLE AND THIS RESOLUTION AFFIRMS THAT. I VOTE IN THE
AFFIRMATIVE, OR AYE.
ACTING SPEAKER AUBRY: MR. MAMDANI.
MR. MAMDANI: THANK YOU SO MUCH. IT'S ALWAYS
HARD TO FOLLOW ASSEMBLYMEMBER BARRON, BUT I'M GOING TO DO MY BEST.
I RISE TODAY TO DECLARE MY SUPPORT FOR THIS RESOLUTION AND JUST TO DECLARE
THE FACT THAT I'M A PROUD SON OF AFRICA, NAMELY UGANDA. I WAS BORN
AND RAISED IN KAMPALA, UGANDA IN 1991, IT'S WHERE MY FAMILY IS FROM
AND MY MIDDLE NAME -- MY FULL NAME IS ZOHRAN KWAME MAMDANI, MY
MIDDLE NAME IS KWAME, I'M NAMED AFTER THE FIRST PRIME MINISTER OF
GHANA, KWAME NKRUMAH, AN ICON FOR THE PAN-AFRICAN MOVEMENT.
AND I WOULD LIKE TO JUST REGISTER THAT ALL THAT I DO, I WILL ALWAYS BE
PROUD OF THE FACT THAT -- THAT I'M UGANDAN, AS WELL AS MANY OTHER
THINGS. AND SO I THANK MY BROTHER FROM THE WEST FOR -- FOR BRINGING
THIS RESOLUTION FORWARD AND I FROM THE EAST WOULD LIKE TO AFFIRM MY
SUPPORT OF IT.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 37, MR.
CUSICK.
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NYS ASSEMBLY FEBRUARY 2, 2021
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO DECLARE FEBRUARY 2021 AS TEEN DATING VIOLENCE
AWARENESS AND PREVENTION MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
PAGE 11, CALENDAR NO. 3355 AND -- OH, CALENDAR NO.
77, BILL NO. 3355, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03355, CALENDAR NO.
77, PAULIN, SEAWRIGHT, DICKENS, DINOWITZ, GALEF, GOTTFRIED, JOYNER,
PICHARDO, L. ROSENTHAL, SIMON, STECK, NIOU, HEVESI, QUART, CRUZ,
KIM, EPSTEIN, WALKER, PERRY, FERNANDEZ, O'DONNELL, CARROLL, REYES,
WEPRIN, J. RIVERA, RICHARDSON, BARRON, SAYEGH, AUBRY, HUNTER,
RAMOS, TAYLOR, GLICK, OTIS, LUPARDO, BRONSON, BICHOTTE HERMELYN,
FAHY, ABINANTI, THIELE, JACOBSON, LAVINE, DE LA ROSA, PHEFFER AMATO,
SOLAGES, JEAN-PIERRE, MAGNARELLI, STIRPE, BRAUNSTEIN, ZEBROWSKI,
COOK, PRETLOW, DARLING, DAVILA, NOLAN, ABBATE, VANEL, CYMBROWITZ,
BENEDETTO, BURGOS, CLARK, ANDERSON, GONZÁLEZ-ROJAS, MAMDANI,
GALLAGHER, SEPTIMO, BURDICK, KELLES, MEEKS, RAJKUMAR, FORREST,
JACKSON, SILLITTI, ZINERMAN, LUNSFORD. AN ACT TO AMEND SECTION 240.37
OF THE PENAL LAW, RELATING TO LOITERING FOR THE PURPOSE OF ENGAGING IN A
PROSTITUTION OFFENSE; AND TO AMEND THE PENAL LAW, THE CRIMINAL
PROCEDURE LAW, THE SOCIAL SERVICES LAW AND THE ADMINISTRATIVE CODE
OF THE CITY OF NEW YORK, IN RELATION TO MAKING TECHNICAL CORRECTIONS
RELATING THERETO.
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NYS ASSEMBLY FEBRUARY 2, 2021
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. PAULIN.
MS. PAULIN: I HOPE MY GLASSES DON'T FOG UP
BECAUSE OF MY MASK HERE. THE BILL REPEALS SECTION 240.37 OF THE PENAL
LAW WHICH PROHIBITS LOITERING FOR THE PURPOSES OF ENGAGING IN A
PROSTITUTION OFFENSE. IT WOULD ALSO SEAL PRIOR CONVICTIONS.
ACTING SPEAKER AUBRY: MR. REILLY.
YOU HAVE TO UNMUTE YOURSELF, MR. REILLY. THERE YOU
GO.
MR. REILLY: THANK YOU, MR. SPEAKER. I WAS TRYING
TO DO THAT. I APOLOGIZE. MR. SPEAKER, WILL THE SPONSOR YIELD?
MS. PAULIN: I WOULD BE HAPPY TO.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. REILLY: THANK YOU, MS. PAULIN. I HAVE A -- A
COUPLE OF QUESTIONS THAT I WOULD LIKE TO ASK. WITH THIS LEGISLATION, HAS
THERE BEEN ANY COMMUNITY OUTREACH TO NEW YORK CITY COMMUNITY
BOARDS OR ANY CIVIC ASSOCIATIONS WHEN IT CAME TO ESTABLISHING THIS
LEGISLATION?
MS. PAULIN: WHEN THE BILL WAS ORIGINALLY -- I
MEAN WHEN THE LAW WAS ORIGINALLY ENACTED IN 1976, I REALLY DON'T
KNOW.
MR. REILLY: NO, I MEAN -- I MEAN THE -- FOR THIS
LEGISLATION TO REPEAL IT.
MS. PAULIN: WE DID HEAR FROM THE NEW YORK CITY
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NYS ASSEMBLY FEBRUARY 2, 2021
COUNCIL THAT THEY OFFERED A RESOLUTION BASED ON THEIR GATHERING OF
INFORMATION. SO I WOULD ASSUME THAT THEY MIGHT'VE REACHED OUT TO
COMMUNITY BOARDS. I DON'T LIVE IN NEW YORK CITY SO I DIDN'T HEAR
FROM ANY.
MR. REILLY: SO IN NEW YORK CITY, DO -- DO YOU
KNOW HOW MANY APPROXIMATE LOCATIONS THROUGHOUT THE FIVE BOROUGHS
HAVE KNOWN PROSTITUTION AREAS?
MS. PAULIN: SO I CAN ONLY TELL YOU HOW MANY
ARRESTS THERE WERE IN NEW YORK CITY LAST YEAR. IN NEW YORK CITY LAST
YEAR THERE WERE -- THERE WERE NO ARRESTS FOR -- FOR -- UNDER THIS STATUTE IN
NEW YORK CITY IN 2020.
MR. REILLY: DO YOU KNOW HOW MANY ARRESTS THERE
WERE IN 2019?
MS. PAULIN: IN NEW YORK CITY IN 2019 THERE WERE
13 ARRESTS IN -- IN BROOKLYN. THERE WERE -- THERE WAS ONE ARREST IN
MANHATTAN -- NO, NO, NO. SORRY, NO ARRESTS IN MANHATTAN. IN THE BRONX
THERE WAS ZERO, IN QUEENS THERE WERE 30 AND NO ARRESTS IN -- IN STATEN
ISLAND.
MR. REILLY: OKAY. SO DO YOU KNOW HOW MANY
9-1-1 CALLS THERE WERE ASSOCIATED TO LOITERING FOR THE PURPOSE OF
PROSTITUTION IN 2019?
MS. PAULIN: NO, I DON'T HAVE ACCESS TO THAT DATA.
MR. REILLY: OKAY. SO THE -- THE NUMBER WAS 962
9-1-1 CALLS IN 2020 AND WE CAN -- WE CAN PRETTY MUCH, I GUESS, ASSUME
THAT THERE WERE NO ARRESTS BECAUSE OF COVID. THERE WERE 846 9-1-1
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CALLS ASSOCIATED TO LOITERING FOR PROSTITUTION.
MS. PAULIN: I -- I THINK, SIR, WITH ALL DUE RESPECT, I
THINK THE REASON WHY THERE'S -- THERE WERE NO ARRESTS WAS BECAUSE THE
PROSECUTORS, THE DAS IN BOTH BROOKLYN AND IN QUEENS BELIEVED THAT
THIS LAW WAS DISCRIMINATORY, SO THEY STOPPED PROSECUTING THE CASES AND
THAT PROBABLY LED TO FEWER ARRESTS.
MR. REILLY: WELL, I -- I WOULD THINK THAT WHEN YOU
UPHOLD THE LAW TO -- TO, YOU KNOW, UPHOLD -- YOU TAKE YOUR OATH TO GO
FORWARD WITH PROSECUTIONS BASED ON CURRENT STATUTE, THAT WE WOULDN'T
JUST ARBITRARILY ASSUME THAT WE SHOULDN'T DO THAT. I KNOW THAT AS AN
OFFICER I DIDN'T DO THAT. YOU KNOW, UNFORTUNATELY, WE HAD TO MAKE THE
ARREST AND -- AND GO THROUGH WITH PROSECUTIONS BASED ON CURRENT LAW.
SO, MY -- MY QUESTION ABOUT RAISING THE ISSUE OF 9-1-1 CALLS, I THINK
THAT IS A TESTAMENT TO THE COMMUNITY'S CONCERN GIVEN THAT THE MAJORITY
OF THE LOITERING FOR PROSTITUTION OCCURRENCES ARE FALL WITHIN ROUGHLY TEN
COMMUNITIES IN -- IN NEW YORK CITY, APPROXIMATELY TEN COMMUNITIES.
WOULD YOU -- WOULD YOU NOT THINK THAT THAT IS A CONCERN?
MS. PAULIN: WELL, I THINK THAT PRIMARILY THE -- THE
ARRESTS THAT WERE MADE WERE IN FIVE COMMUNITIES, THREE IN QUEENS AND
TWO IN BROOKLYN. AND I WOULD JUST SAY THAT THE -- WE'RE NOT REPEALING
ANY OF THE STATUTES RELATED TOWARD PROSTITUTION OR PATRONIZING A
PROSTITUTE OR PROMOTING PROSTITUTION. WE'RE ONLY REPEALING THE STATUTES
THAT IF YOU LOOK LIKE YOU'RE GOING TO DO THE ACTIVITY, SIMILARLY TO IF YOU
WERE LOITERING IN FRONT OF A BANK AND YOU LOOK LIKE YOU WERE GOING TO
ROB A BANK, OR IF YOU WERE STANDING OUTSIDE THE CAPITOL AND YOU LOOK
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LIKE YOU WERE GOING TO BREAK IN. OR, IF YOU WERE STANDING ON A STREET
CORNER AND YOU LOOK LIKE YOU WERE GOING TO COMMIT ARSON BECAUSE YOU
HAD A BOX OF MATCHES IN YOUR HAND. THAT -- THAT'S THE LAW WE'RE
REPEALING. WE'RE NOT REPEALING PROSTITUTION LAWS AT ALL. WE'RE NOT
REPEALING PROMOTING PROSTITUTION LAWS AT ALL. WE'RE NOT REPEALING
PATRONIZING PROSTITUTION AT ALL.
MR. REILLY: OKAY.
MS. PAULIN: AND THAT'S WHY WE HAVE THE SUPPORT
OF DASNY AS WE GO FORWARD WITH THIS BILL.
MR. REILLY: MS. PAULIN, DO YOU -- DO YOU KNOW
THE CRITERIA ABOUT -- OF WHAT A POLICE OFFICER HAS TO DO TO MAKE AN ARREST
FOR LOITERING FOR PROSTITUTION?
MS. PAULIN: I HAVE READ MANY, MANY, MANY OF THE
ARREST FORMS, I'M NOT SURE WHAT THEY'RE CALLED, YOU KNOW, WHEN -- WHEN
AN OFFICER FILLS OUT THE PURPOSE OF THE ARREST, OR THE RATIONALE FOR THE
ARREST, I READ MANY OF THOSE AND I WAS STRUCK BY A FEW THINGS. IN
QUEENS IN 2019, AN OFFICER MADE AN ARREST BECAUSE HE SAID THE WOMAN
WAS SHOWING HER CERVIX. NOW, IF A WOMAN REALLY COULD SHOW HER
CERVIX, I WOULD THINK THAT I WOULD ARREST HER FOR EXTRAORDINARY
BEHAVIOR, BUT I WOULD PROBABLY, IF THAT WAS TRUE, ARREST HER FOR PUBLIC
LEWDNESS WHICH IS A CLASS-B MISDEMEANOR. I WOULDN'T ARREST HER FOR
THE -- UNDER THIS STATUTE BECAUSE IT'S ONLY A VIOLATION. THERE'S OTHER --
MR. REILLY: MS. PAULIN --
MS. PAULIN: -- OTHER ARREST SHEETS THAT SAY SHE
SHOWED HER BUTTOCKS, SHE SHOWED HER CLEAVAGE, SHE SHOWED -- SHE
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WORE A SHORT SKIRT. I DIDN'T --
MR. REILLY: DO YOU KNOW THE CRITERIA THAT --
MS. PAULIN: -- I DID NOT SEE -- OR WE -- WE KNOW
SHE WAS -- WE KNOW THAT SHE HAD BEEN CONVICTED OF PROSTITUTION IN THE
PAST. SO, THESE ARE THE, YOU KNOW, THESE ARE THE -- THIS IS WHAT'S ON THE
FORMS. SO THE --
MR. REILLY: SO LET --
MS. PAULIN: -- PROOF --
MR. REILLY: SO, NOT -- I -- I UNDERSTAND THE
AFFIDAVIT AND I'M GOING TO GIVE YOU A LITTLE CONTEXT AND THEN WITH THE
QUESTION, AS WELL. DURING MY TIME IN THE NYPD, I WAS IN THE UNIT
CALLED THE CONDITIONS UNIT, AND WE WERE CHARGED WITH ENFORCING
LOITERING FOR PROSTITUTION. I'VE -- I WAS PART OF THE OPERATIONS OF MAKING
-- EFFECTUATING APPROXIMATELY 1,000 ARRESTS IN MIDTOWN MANHATTAN DUE
TO COMMUNITY CONCERNS. SO, THE -- THE CRITERIA THAT I'M ASKING YOU
ABOUT IS DO YOU KNOW HOW -- HOW THE OFFICER ESTABLISHES PROBABLE
CAUSE. I'M NOT TALKING ABOUT THE AFFIDAVIT THAT'S SIGNED AFTERWARDS, I'M
TALKING ABOUT WHAT THE CRITERIA IS ON THE STREET TO ACTUALLY COME UP WITH
PROBABLE CAUSE TO DETERMINE THAT THERE SHOULD BE AN ARREST EFFECTED.
MS. PAULIN: NO, I WOULD BE INTERESTED.
MR. REILLY: OKAY. SO DURING A 20-MINUTE PERIOD,
THE OFFICER WOULD HAVE TO OBSERVE THE PERSON WHO IS SUSPECTED OF
BEING A PROSTITUTE TO BECKON CARS, PEDESTRIANS AT LEAST THREE TIMES IN A
KNOWN PROSTITUTION LOCATION WITHIN THAT 20-MINUTE PERIOD.
MS. PAULIN: SO WHY -- WHY, I'M SORRY, BUT WHAT I
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DON'T UNDERSTAND IS WHY CAN'T YOU USE THE DISORDERLY CONDUCT STATUTE
WHICH ALSO HAS A PROVISION IN THERE OF FIVE -- SECTION -- UNDER -- UNDER
THAT STATUTE THAT SPECIFICALLY SPEAKS TO CARS IF SOMEONE IS BECKONING OR
IS STOPPING TRAFFIC. YOU KNOW, I DON'T UNDERSTAND WHY YOU WOULDN'T
USE THAT STATUTE. IT'S ALSO A VIOLATION.
MR. REILLY: SO -- SO WOULD WE WANT TO -- DO WE
WANT TO MOVE TO ENFORCING DISORDERLY CONDUCT? WOULD THAT BE THE
APPROPRIATE METHOD THAT --
MS. PAULIN: I THINK IF SOMEONE IS STOPPING CARS,
THEY'RE DISRUPTING TRAFFIC AND THEY COULD BE ARRESTED FOR DISORDERLY
CONDUCT. SO, I DON'T KNOW WHY YOU WOULD NEED THIS STATUTE IF SOMEONE
WAS TRULY STOPPING CARS AND CAUSING HAVOC THAT WAY.
MR. REILLY: OKAY. SO ARE YOU AWARE OF ANY STREET
GANGS OR CREWS THAT OPERATE PROSTITUTION ACTIVITY, ESPECIALLY IN THE
KNOWN PROSTITUTION LOCATIONS IN NEW YORK CITY?
MS. PAULIN: I DON'T KNOW THEM PERSONALLY. I
CERTAINLY HAVE WORKED, AS YOU PROBABLY KNOW, IN THE SEX TRAFFICKING
ARENA. I'VE DONE MUCH OF THE LEGISLATION THAT WE HAVE DONE COLLECTIVELY
AND I'M VERY PROUD OF THAT. SO, I KNOW VERY WELL THAT THERE ARE MANY
GANGS AND MANY PIMPS THAT OPERATE HAREMS OF WOMEN, YOUNG WOMEN,
AND THEY -- THEY, YOU KNOW, THEY HAVE THESE, YOU KNOW, THEY, YOU
KNOW, THEY PROMOTE PROSTITUTION. YES, I'M AWARE OF THAT AND, IN FACT,
THAT COMMUNITY IS THE REASON, ONE OF THE KEY REASONS FOR ME AS TO WHY
I'M SUPPORTING THIS BILL. WHEN THE SEX TRAFFICKERS, THE SEX TRAFFICKING
ADVOCATES CAME TO ME AND THEY SAID, YOU MUST REPEAL THIS BILL, YOU
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MUST REPEAL IT. IT IS HURTING OUR GIRLS. IT IS THE --
MR. REILLY: MS. PAULIN, CAN I INTERRUPT FOR A
MINUTE, PLEASE?
MS. PAULIN: SURE.
MR. REILLY: SO, MY -- MY ISSUE WITH THE LOITERING
FOR PROSTITUTION REPEAL IS THAT YOU ARE NOW, WITH THIS LEGISLATION, WE'RE
GOING TO REPEAL THE ABILITY TO ACTUALLY ENFORCE IT AGAINST THOSE GANG
MEMBERS THAT ARE ACTUALLY RUNNING THE STREET PROSTITUTION. BECAUSE IF
THEY'RE ON THE STREET AND THEY'RE BECKONING TO MOVING CARS AND -- AND
PEOPLE THAT ARE WALKING ON THE STREET, THEN WE'RE ACTUALLY GOING TO BE
HELPING THEM BY PROMOTING PROSTITUTION AND HAVE NO -- NO RECOURSE FOR
THAT QUALITY OF LIFE OFFENSE THAT'S HAPPENING IN FRONT OF SOMEONE'S
BROWNSTONE IN HELL'S KITCHEN. AND DO YOU THINK THAT THAT'S THE RIGHT
THING TO DO?
MS. PAULIN: WELL, I WOULD JUT SAY THAT MOST OF THE
ARRESTS ARE THE WOMEN, OR PEOPLE WHO IDENTIFY AS WOMEN, TRANSGENDER.
IT IS NOT THE PROMOTING -- IT IS NOT THE PIMPS, THEY ARE NOT ON THE STREET,
THEY ARE NOT GETTING ARRESTED UNDER THIS STATUTE. THEY ARE TOO CLEVER,
THEY HIDE, THEY LET THE GIRLS GET ARRESTED. SO, I DO NOT BELIEVE THAT THIS
LAW DOES ANYTHING TO PREVENT PIMPS FROM -- FROM ENCOURAGING YOUNG
GIRLS TO GET PATRONIZED. SO, IT'S A -- AND, IN FACT, I TURNED TO THE EXPERTS,
THE -- THE AGENCIES AND ADVOCATES THAT SUPPORT SEX TRAFFICKING VICTIMS
AND LISTENED TO THEM, AND WHAT THEY HAVE SAID TO ME IS THAT -- THAT THIS
LAW, WHAT THIS DOES IS IT'S -- IT'S OUTRIGHT DISCRIMINATION TOWARD OUR
POPULATION. THE ARRESTS MEAN THAT THESE YOUNG GIRLS DO NOT GO TO A
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POLICE OFFICER WHEN THEY WANT TO GET OUT OF THE LIFE BECAUSE THEY FEAR
THEY'RE GOING TO GO RIGHT INTO -- TO GET ARRESTED AND THEN THE PIMP IS
GOING TO COME AND TAKE THEM BACK INTO THE LIFE, THAT -- THAT IF WE REPEAL
THIS STATUTE IT WOULD HELP THEM BECAUSE WHEN THEY GET OUT OF THE LIFE
AND THEY WANT A JOB, THEY DO NOT HAVE A CRIME INVOLVING A MORAL
TURPITUDE ON THEIR RECORD, THAT THIS -- THAT -- THAT REPEALING THIS STATUTE
WILL ONLY BE -- WILL BE SO HELPFUL TO THE SEX TRAFFICKING VICTIMS AND,
HONESTLY, THAT'S WHAT I AM INTERESTED IN.
MR. REILLY: THANK YOU, MS. PAULIN.
MR. SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. REILLY: SO MY CONCERN ABOUT THE REPEAL OF
THIS LEGISLATION, AS YOU CAN TELL, IS ABOUT QUALITY OF LIFE. BUT I ALSO WANT
TO MAKE EVERYONE AWARE, ALL MY COLLEAGUES, THAT WHEN RIGHT NOW IN
NEW YORK CITY, WE HAVE APPROXIMATELY TEN LOCATIONS THROUGHOUT THE
CITY THAT ARE, FOR LACK OF A BETTER WORD, A RED LIGHT DISTRICT. YOU
KNOW, BY REPEALING THIS, YOU WILL BE ALLOWING THAT TO EXPAND TO ANY
STREET.
NOW, WHY DO I RAISE THAT CONCERN? BECAUSE IT BRINGS
ABOUT OTHER CRIMES. NOW, THERE WERE TIMES WHEN I WAS DOING MY
WORKING WITH MY PARTNERS, DOING OBSERVATIONS IN THIS LOITERING FOR
PROSTITUTION SCENARIOS AND -- AND ONE TIME ON 47TH STREET AND 8TH
AVENUE IN MANHATTAN, WE WERE WATCHING A PROSTITUTE APPROACH A
VEHICLE AND TWO MALES APPROACHED THAT VEHICLE AND THEY COMMITTED AN
ARMED CARJACKING. WE WATCHED IT GO DOWN, WE GOT INTO A FOOT PURSUIT
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NYS ASSEMBLY FEBRUARY 2, 2021
OF THOSE TWO INDIVIDUALS. LUCKILY WE APPREHENDED THEM WITH NO
INCIDENT AND WE RECOVERED TWO FIREARMS. THEY WERE FROM BEACON,
NEW YORK. THEY CAME DOWN TO MANHATTAN TO COMMIT A CRIME. THEY
WERE GANG MEMBERS. THIS IS -- THIS IS SOMETHING THAT THESE
COMMUNITIES DEAL WITH ALL THE TIME. WE USED TO GET COMPLAINTS OF
PEOPLE SAYING THEY'D BRING THEIR KIDS TO THE PARK ON THE CORNER, HELL'S
KITCHEN PARK, 47TH STREET AND 10TH AVENUE, BECAUSE THEY'D FIND
PROSTITUTES THERE GETTING THEIR JOHNS, GOING DOWN INTO THE VESTIBULE OF
THEIR BASEMENTS OF THOSE BROWNSTONES AND PERFORMING THEIR ACTS. THEY
WOULD FIND THINGS ALL OVER THE STREET OF THE PARAPHERNALIA.
SO WHEN I RAISE THOSE ISSUES OF 962 9-1-1 CALLS IN
2019, THAT'S BECAUSE IT'S IMPACTING THE QUALITY OF LIFE IN THOSE
NEIGHBORHOODS. I UNDERSTAND THAT THE PEOPLE THAT ARE IN THAT TRADE ARE
REALLY SUCCUMBED TO A LOT OF INDIFFERENCES, BUT ONE THING WE'VE GOT TO
REMEMBER THAT THOSE LOCATIONS THAT ARE THOSE TEN LOCATIONS BASICALLY
THROUGHOUT NEW YORK CITY, THEY'RE IN A CONFINED LOCATION NOW AND THE
ABILITY TO REACH THEM WITH SERVICES IS THERE. IF WE REPEAL THIS AND THEY
WIND UP GOING ANYWHERE ON ANY STREET, THE IDEA OF GETTING THEM
RESOURCES AND HELP IS GOING TO BE MUCH MORE DIFFICULT. WHY DID THE
POLICE DEPARTMENT LOWER THE NUMBER OF ARRESTS? BECAUSE THEY REALIZED
THAT THEY NEED TO BE ABLE TO HIT THE RESOURCES. ARREST IS THE LAST RESORT,
BUT RIGHT NOW, WE'RE GOING TO MAKE THAT --
ACTING SPEAKER AUBRY: MR. --
MR. REILLY: -- MUCH MORE DIFFICULT.
ACTING SPEAKER AUBRY: MR. REILLY, YOUR TIME
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NYS ASSEMBLY FEBRUARY 2, 2021
IS UP.
MR. REILLY: MR. SPEAKER, THANK YOU FOR YOUR TIME.
MS. PAULIN, THANK YOU FOR YIELDING FOR THOSE QUESTIONS.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. ZEBROWSKI.
MR. ZEBROWSKI: THANK YOU. THANK YOU, MR.
SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ZEBROWSKI: I WANT TO FIRST THANK
ASSEMBLYWOMAN PAULIN FOR HER LEADERSHIP ON THIS BILL, AND SO MANY OF
THE ADVOCATES THAT HAVE WORKED TO ADVANCE THIS ISSUE. SO MANY OTHERS
THAT HAVE WORKED TO BREAK DOWN SYSTEMIC DISCRIMINATION OF THE
LGBTQ COMMUNITY THAT HAS BEEN BUILT UP FOR GENERATIONS. WE'VE
MADE GREAT PROGRESS IN THIS STATE, IN THIS LEGISLATURE, BUT CERTAIN
VESTIGES REMAIN. THIS IS ONE OF THOSE VESTIGES. IT'S AN ARCHAIC STATUTE
THAT SERVES TO DISCRIMINATE AND TARGET TRANSGENDER NEW YORKERS.
YOU KNOW, OVER THE PAST WEEK OR SO, MR. SPEAKER,
ACROSS THE STATE OF NEW YORK AND IN MY HOME DISTRICT OF ROCKLAND
COUNTY, I THINK WE'VE SEEN THIS BILL USED AS A WEDGE, A WEDGE TO
FURTHER DIVIDE OUR STATE AND THE RESIDENTS OF OUR STATE. YOU KNOW, IT'S
BEEN USED AS A WEDGE TO SCORE CHEAP POLITICAL POINTS AT THE EXPENSE OF
THE LGBTQ COMMUNITY. MR. SPEAKER, WITH MY VOTE HERE TODAY I
REJECT THE POLITICS OF FEAR, I REJECT THE POLITICS OF DIVISION. I RESPECT --
REJECT THE POLITICS OF PITTING ONE PERSON AGAINST ANOTHER BECAUSE MAKE
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NYS ASSEMBLY FEBRUARY 2, 2021
NO MISTAKE, MR. SPEAKER, THAT TYPE OF POLITICS, RILING UP FOLKS WITH
EXAGGERATIONS AND FALSEHOODS, TEARS AT THE FABRIC OF OUR COUNTRY, OUR
STATE, OUR COMMUNITY, AND IT PERPETUATES THE HARM THAT IS FELT BY
MARGINALIZED COMMUNITIES.
MR. SPEAKER, IN THE UNITED STATES OF AMERICA IT
SHOULD NOT BE A CRIME TO LOOK LIKE YOU -- LIKE YOU MAY COMMIT A CRIME.
IT SHOULD NOT BE A CRIME TO LOOK LIKE YOU MAY COMMIT A CRIME. THAT IS
WHAT WE REPEAL HERE TODAY AND IS WHAT IS HARMFUL AND DISCRIMINATORY TO
THE TRANSGENDER COMMUNITY. I'LL NEVER TRULY UNDERSTAND THE STRUGGLES OF
THE LGBTQ COMMUNITY. I'LL NEVER UNDERSTAND THE DISCRIMINATION OF
SOME OF MY COLLEAGUES AND NEW YORKERS ACROSS ALL OF OUR DISTRICTS.
BUT I'M COMMITTED TO LISTENING, I'M COMMITTED TO UNDERSTANDING AND TO
LEARNING FROM MY NEIGHBORS IN THE LGBTQ COMMUNITY SO THAT I CAN BE
A BETTER LEGISLATOR. SO THAT I CAN WORK IN COLLABORATION TO MAKE NEW
YORK A MORE EQUITABLE STATE, AND THAT IS WHY I'M SO PROUD TO STAND
STRONGLY HERE TODAY WITH THE SPONSOR AND WITH THEM TO REPEAL THIS LAW.
MR. SPEAKER, WITH A GOAL OF TRULY LISTENING AND TRULY
REPRESENTING MY CONSTITUENTS, I WANT TO CONCLUDE NOT JUST WITH THE
THOUGHTS OF MYSELF, BUT WITH THE THOUGHTS OF SOME OF THE FOLKS IN MY
DISTRICT TO UNDERSTAND HARMS FROM LAWS LIKE THIS. THE ROCKLAND
COUNTY PRIDE CENTER IS A PLACE IN ROCKLAND COUNTY THAT'S COMMITTED TO
ASSISTING THE LGBTQ COMMUNITY. THEY'VE SPOKE OUT STRONGLY IN FAVOR
OF THIS REPEAL, AND THEY HAVE TWO FOLKS, ALEX FRANCISCO AND LOREN
KLEIN, WHO GAVE ME POIGNANT STATEMENTS THAT I'D LIKE TO CONCLUDE WITH,
MR. SPEAKER: TRANSGENDER, NON-BINARY AND GENDER EXPANSIVE PEOPLE
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NYS ASSEMBLY FEBRUARY 2, 2021
ARE PART -- ARE A VITAL PART OF THE ROCKLAND COUNTY AND NEW YORK
COMMUNITIES. WE ARE YOUR CONSTITUENTS AND NEIGHBORS, BELOVED ELDERS,
YOUTH, AND FAMILIES. THIS REPEAL IS A STEP TOWARDS A WORLD WHERE ALL
WOMEN ARE SAFE TO STAND IN TRUTH IN PUBLIC PLACE, WHERE ALL PEOPLE ARE
SAFE TO STAND IN TRUTH IN PUBLIC PLACES. THIS REPEAL IS A VICTORY, AND WE
DEMAND MORE THAN JUST BEING ALLOWED TO EXIST IN PUBLIC SPACE. WE,
LIKE ALL NEW YORKERS, WANT LOVING FAMILIES, REWARDING CAREERS, AND TO
OWN HOMES AND BUSINESSES. TRANSGENDER, NON-BINARY AND GENDER
EXPANSIVE PEOPLE DESERVE SAFETY, CARE, AND THE FINANCIAL RESOURCES TO
THRIVE. HOW WILL YOU COMMIT TO BUILDING THAT WORLD WITH US? I WOULD
COMMIT TODAY, MR. SPEAKER, AND ACROSS MY SERVICE IN NEW YORK STATE
TO BUILD A BETTER WORLD FOR EVERYONE, INCLUDING MY NEIGHBORS IN THE
LGBTQ COMMUNITY.
AND, MR. SPEAKER, I WILL CONCLUDE WITH THAT AND JUST
SAY THEY COULD SAY IT BETTER THAN I EVER COULD. SO THANKS ONCE AGAIN TO
THE SPONSOR, AND I FULLY SUPPORT THE REPEAL OF THIS HARMFUL LAW.
ACTING SPEAKER AUBRY: MR. ANGELINO.
MR. ANGELINO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
MS. PAULIN: YES.
MR. ANGELINO: IT'S NICE TO SEE YOU IN PERSON --
MS. PAULIN: YES.
MR. ANGELINO: I'VE LISTENED TO YOUR DESCRIPTION,
I'VE READ THE JUSTIFICATION. I'VE HEARD OUR COLLEAGUE ALSO MENTION --
EVERY -- YOU MENTION LOOKS AND THE APPEARANCE AND WHAT A PERSON
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NYS ASSEMBLY FEBRUARY 2, 2021
LOOKS LIKE IS THE REASON FOR THE LAW ENFORCEMENT ENCOUNTER. AND THE
STATUTE THAT WE'RE GETTING READY TO VOTE UPON REPEALING MENTIONS
REPEATEDLY STOPPING TRAFFIC, REPEATEDLY ACCOSTING PEDESTRIANS,
REPEATEDLY WALKING INTO TRAFFIC TO ENGAGE IN CONVERSATION. DISORDERLY
CONDUCT WOULD PROBABLY COVER SOME OF THAT, BUT A PERSON IS ALLOWED TO
WALK DOWN THE STREET AND ATTEMPT CONVERSATIONS. YOU'RE AWARE THAT BY
REPEALING ALL OF THOSE THINGS THAT I MENTIONED, THE REPEATED, ISN'T JUST A
BOROUGH OF NEW YORK CITY, IT'S EVERY COMMUNITY IN NEW YORK STATE.
IN THE LOB, THERE'S A SECLUDED ELEVATOR THAT HAS THE -- THE
ADMONISHMENT ON THERE TO NOT USE THIS ELEVATOR DURING CERTAIN TIMES.
THAT'S TO PROTECT US FROM BEING ACCOSTED BY PEOPLE ON LOBBY DAYS. I
DON'T -- I CAN'T IMAGINE THAT WE'RE GOING TO ALLOW THIS TO TAKE PLACE
ANYWHERE IN THE STATE AS MR. -- MY COLLEAGUE, MR. REILLY SAID. IT'S A
HUGE QUALITY OF LIFE ISSUE FOR ANYBODY WHO LIVES NEAR THAT. IT -- IT
SEEMS LIKE YOU CONSIDER EVERY POLICE ENCOUNTER ENDING IN ARREST. THEY
DON'T. YOU AGREE WITH THAT, RIGHT?
MS. PAULIN: YEAH, CAN I RESPOND?
MR. ANGELINO: PLEASE, YES.
MS. PAULIN: SO, YOU KNOW, WHEN THIS LAW WAS
ENACTED IN 1976, OCA WROTE A STATEMENT. AND, FIRSTLY, THE DAS TOOK
NO POSITION. THE BAR, STATE BAR, SAID WE BELIEVE IT'S NOT A
CONSTITUTIONAL -- IT'S UNCONSTITUTIONAL. AND -- BUT OCA HAD A VERY
INTERESTING STATEMENT. THEY SAID, WE ARE CONCERNED THAT BECAUSE THIS
STATUTE SAYS FOR THE PURPOSES OF PROSTITUTION THAT IT'S GOING TO BE -- THAT
-- THAT THERE'S GOING TO BE TIMES OR IT'S OFTEN, MOST OFTEN GOING TO BE
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NYS ASSEMBLY FEBRUARY 2, 2021
BASED ON CIRCUMSTANTIAL EVIDENCE. AND OCA WAS COMPLETELY RIGHT,
BECAUSE THAT'S -- IF THE PERSON ISN'T OFFERING MONEY FOR PROSTITUTION
WHEN THEY'RE STOPPING THE CAR, THEY ARE -- THEY ARE GUILTY OF -- OF
PROSTITUTION. IF A PATRONIZER WALKS BY AND OFFERS MONEY, THEY ARE GUILTY
OF PATRONIZING A -- PROSTITUTION.
SO, WHAT THIS STATUTE DID, THE OCA WAS COMPLETELY
RIGHT, IT'S BASICALLY TURNED INTO STOPPING A CAR BECAUSE -- AND YOU
HAPPEN TO BE IN A PROSTITUTION PRONE -- YOU HEARD OUR COLLEAGUE, MR.
REILLY, YOU KNOW, YOU'RE IN A PROSTITUTION PRONE AREA AND IF YOU STOP A
CAR IN A PROSTITUTION PRONE AREA, YOU MUST BE A PROSTITUTE. THAT'S
CIRCUMSTANTIAL EVIDENCE. OCA WAS RIGHT ON. IF YOU'RE IN A PROSTITUTION
ZONE AND YOU'RE WEARING A SHORT SKIRT AND YOU'RE BECKONING TO
SOMEONE, YOU'RE AT CIRCUMSTANTIAL EVIDENCE. WHAT IF I'M BECKONING,
I'M STANDING IN JAMAICA AND I'M BECKONING TO MY HUSBAND, YOU KNOW,
I'M BECKONING TO MY FRIEND, BUT BECAUSE I AM BLACK OR TRANSGENDER AND
I'M STANDING IN JAMAICA, I COULD GET ARRESTED FOR PROSTITUTION FOR DOING
THAT SAME BEHAVIOR.
SO OCA WAS SO RIGHT ON. THAT'S EXACTLY WHAT --
WHAT'S GOING ON. DO YOU KNOW THAT SO MANY OF THE ARREST RECORDS --
YOU KNOW WHAT? IF THE WOMAN HAS A CONDOM, I THOUGHT IT WAS A GOOD
THING TO CARRY AROUND A CONDOM, THAT'S WHAT THE PUBLIC HEALTH EXPERTS
TELL ME, BUT NOT IF YOU'RE IN A PROSTITUTION ZONE. IF YOU'RE IN A
PROSTITUTION ZONE AND YOU'RE A WOMAN IN A SHORT SKIRT AND YOU HAVE A
CONDOM, YOU KNOW WHAT? YOU MUST BE -- YOU MUST HAVE A CONDOM
FOR THE PURPOSES OF PROSTITUTION. THE STATUTE IS VAGUE ON ITS FACE. IT'S
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NYS ASSEMBLY FEBRUARY 2, 2021
BEEN USED WITH ONLY CIRCUMSTANTIAL EVIDENCE TO -- TO -- TO CAUSE THE
ARREST AND IT'S THE ONLY STATUTE IN NEW YORK STATE LAW THAT IS SO VAGUE.
AND WHY? YOU KNOW, WE REPEALED -- I DID THIS BILL. YOU KNOW, WE
CHANGED, WE RECOGNIZED, OUR HOUSE RECOGNIZED THAT -- THAT WE -- THAT IT
WAS GENDER BIAS WHEN WE -- THE WAY WE DEFINE PROSTITUTION IN THE LAW,
THAT IT WAS THE ONLY LAW IN THE BOOKS THAT SAID A PROSTITUTE INSTEAD OF A
PERSON IN PROSTITUTION. AND WE CHANGED IT BECAUSE WE RECOGNIZED THAT
THERE'S A GENDER BIAS AS IT RELATES TO, YOU KNOW, TO WOMEN IN THAT -- IN
THAT DOING THAT, RIGHT? SO -- SO WE CHANGED THE LAW.
THIS IS THE SAME GENDER BIAS. IT IS EXACTLY THE SAME.
THE ONLY ARRESTS THAT ARE MADE, THEY HAVE TO HAVE SOME COLLABORATING
EVIDENCE. SO WHAT'S THE COLLABORATING EVIDENCE? I HAVE A CONDOM,
SHE'S WEARING A SHORT SKIRT, SHE'S SHOWING HER CLEAVAGE. SHE'S SHOWING
HER CERVIX.
MR. ANGELINO: SO THIS --
MS. PAULIN: SHE'S SHOWING HER BUTTOCKS. YOU
KNOW, THAT'S WHAT THE COLLABORATING EVIDENCE, THAT'S WHAT'S ON THE ARREST
BECAUSE THERE'S NO WAY THAT YOU COULD TELL IF A WOMAN IS ABOUT TO
ENGAGE IN PROSTITUTION FROM THOSE BEHAVIORS.
MR. ANGELINO: THE -- THERE ARE SEVERAL EXAMPLES
OF CASES, SERIOUS CASES WITH A CONVICTION, FOR CIRCUMSTANTIAL EVIDENCE.
SO YOU CAN'T JUST THROW OUT ALL CIRCUMSTANTIAL EVIDENCE BECAUSE OF THIS.
IN 1976, SITUATIONS MUST'VE BEEN SO AWFUL THAT THIS LEGISLATIVE BODY
ENACTED A BILL STATEWIDE FOR SOMETHING THAT PROBABLY TOOK PLACE IN ONE
CITY.
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NYS ASSEMBLY FEBRUARY 2, 2021
MS. PAULIN: WELL THEY -- THEY DID IT FOR TIMES
SQUARE, YOU'RE RIGHT --
MR. ANGELINO: I -- I HAVE SOME EXPERIENCE. I'M
AN UPSTATE POLICE OFFICER. I WAS A POLICE CHIEF FOR YEARS, HAD SOME
EXPERIENCE WITH PROSTITUTION. AND IT'S QUALITY OF LIFE NO MATTER WHERE IT
IS. IT'S NOT THE APPEARANCE. IT'S QUALITY OF LIFE. TRUCK STOPS, TRUCKERS
TRYING TO GET SLEEP IN THEIR TEN-HOUR PERIOD, PEOPLE BANGING ON THEIR
DOORS TRYING TO WAKE THEM UP SOLICITING. SO IT --
MS. PAULIN: I DON'T -- I DON'T DISAGREE --
MR. ANGELINO: NOTHING ABOUT APPEARANCE.
MS. PAULIN: -- WE NEED TO ADDRESS QUALITY OF LIFE
ISSUES. I JUST THINK THAT WE HAVE STATUTES ON THE BOOKS TO DO IT AND THIS
ONE ISN'T ONE OF THEM.
MR. ANGELINO: WHAT STATUTE WOULD COVER
SOMEBODY BANGING ON THE DOOR ASKING IF YOU HAVE MONEY ENOUGH TO
PAY FOR SEX?
MS. PAULIN: IF THEY'RE ASKING IF YOU HAVE MONEY,
THAT'S -- THAT'S ACTUALLY WOULD STILL BE AGAINST THE LAW UNDER -- UNDER THE
PROSTITUTION PENAL CODE, YOU KNOW, SO THAT WOULD ALSO -- THAT -- THE --
THAT YOU DON'T NEED THIS LAW TO PROVE THAT. YOU ALREADY HAVE
PROSTITUTION LAWS THAT WE'RE NOT REPEALING. IF SOMEBODY -- ALL YOU HAVE
TO DO IS SAY "MONEY" AND YOU'RE GUILTY OF PROSTITUTION, WHETHER YOU'RE
THE PATRONIZER OR YOU'RE THE PROSTITUTE. ONCE YOU SOLICIT FOR MONEY --
MR. ANGELINO: I WISH IT WERE THAT EASY.
MS. PAULIN: WELL, I'M JUST -- I'M JUST SAYING SO
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NYS ASSEMBLY FEBRUARY 2, 2021
UNDER THAT SCENARIO, YOU'RE -- YOU'RE NOT LIMITED; IN FACT, YOU CAN BE
ARRESTING THEM FOR A MUCH HIGHER LEVEL CRIME AND I -- MY
UNDERSTANDING FROM THE POLICE OFFICERS I KNOW IS YOU TRY TO ARREST FOR
THE HIGHEST LEVEL CRIME YOU CAN. SO I WOULD ARREST FOR -- FOR ACTUAL
PROSTITUTION IF I -- IF I HEARD SOMEONE SOLICITING FOR MONEY.
MR. ANGELINO: THE OFFICER SOMETIMES INVOLVED
IN ANY INVESTIGATION WHEN THEY FEEL CRIME IS AFOOT, IS WHAT WE SAY, THEY
APPROACH THE COMMON LAW, WHAT ARE YOU DOING HERE, CAN WE HELP
YOU, DO YOU NEED HELP? AND YOU'RE TELLING ME THERE'S NEVER -- YOU
DON'T THINK PROSTITUTES ARE GOING TO THINK THAT, THIS IS MY OPPORTUNITY TO
GET HELP? NO ONE'S -- THEY MAY NOT BE SAYING, WE'RE GOING TO ARREST
YOU. THEY MAY BE SAYING -- I KNOW OFFICERS APPROACH PEOPLE AND SAY,
DO YOU NEED HELP? OFFICERS WON'T BE ABLE TO DO THAT WITHOUT THE -- THE
FORCEFULNESS OF A LAW BEHIND THEM. SOMETIMES THESE OFFICERS --
MS. PAULIN: BUT THAT'S ONLY FOR PROSTITUTION.
THERE'S NO OTHER LAW IN THE BOOKS FOR ANYBODY ELSE. SO YOU'RE SAYING
THAT ONLY FOR PROSECUTION YOU WANT THE OFFICER TO BE ABLE WITH THE FORCE
OF LAW TO GO SPEAK TO SOMEONE? CAN'T THEY GO SPEAK TO SOMEONE
WITHOUT THAT BEHIND THEM?
MR. ANGELINO: THEY CERTAINLY CAN.
MS. PAULIN: WOULDN'T THE PERSON TRUST THEM MORE
IF THERE WASN'T SOME -- A WAY FOR THEM TO GET ARRESTED?
MR. ANGELINO: THE OFFICERS SOMETIMES USE THAT
LAW TO EXPLAIN TO THE PEOPLE, IF YOU CAN HELP US -- I'VE HEARD ABOUT THE
HIGH RISK, I'VE READ ABOUT THE HIGH RISK. I'VE HEARD YOU SAY THERE IS HIGH
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NYS ASSEMBLY FEBRUARY 2, 2021
RISK. THESE PEOPLE ARE IN HIGH-RISK SITUATION, I GUESS FROM MY
PERSPECTIVE, I DON'T KNOW HOW SOMEBODY COULD NOT WANT A POLICEMAN
TO BE NEAR THEM.
MS. PAULIN: BUT -- BUT WE HAVE TO LISTEN TO THE
PEOPLE WHO ARE IN THE HIGH-RISK SITUATION, THE SEX TRAFFICKER -- THE SEX
TRAFFICKING VICTIMS ARE SAYING THIS IS UNHELPFUL. YOU KNOW, THE
WOMEN, THE -- THE AGENCIES THAT HELP THE SEX TRAFFICKING VICTIMS ARE
SAYING THIS IS HARMFUL. YOU KNOW, SO I DON'T KNOW WHY WE WOULD --
YOU KNOW, MY EXPERIENCE IS YOU -- YOU LISTEN TO THE PEOPLE WHO YOU'RE
TRYING TO HELP AND -- AND THEY'RE TELLING US THAT THIS IS BAD FOR THEM. SO,
IF THIS IS BAD FOR THEM, THEN WE SHOULD BE REPEALING IT AND WE SHOULD BE
RELYING ON THOSE PEOPLE, THE AGENCIES THAT ARE HELPING THEM TO TELL US
THAT.
MR. ANGELINO: OFFICERS WOULD LOVE TO BE ABLE TO
TALK TO THEM AND HEAR THEM SAY, I WANT YOU TO GET ME OUT OF THIS AND I
WILL HELP YOU AND I WILL TELL YOU DID WHO IS FORCING ME TO DO THIS. AND
WE WOULD -- WE WOULD MUCH RATHER NOT MAKE THAT B MISDEMEANOR
ARREST AND GO HIGHER IN THE FOOD CHAIN AND GET THE PEOPLE WHO ARE
FORCING THESE PEOPLE INTO THAT. WE CAN'T DO THAT UNLESS WE HAVE SOME
SORT OF LEVERAGE ON THE PERSON THAT WE'RE TALKING TO. I WON'T ARREST YOU
IF YOU HELP ME GO HIGHER UP THE FOOD CHAIN. THAT'S A -- IT'S A TECHNIQUE
THAT LAW ENFORCEMENT LIVES BY, NOT JUST PROSTITUTION --
MS. PAULIN: BUT, YOU KNOW WHAT, --
MR. ANGELINO: -- ALL CASES.
MS. PAULIN: -- THAT -- THAT MIGHT BE TRUE BUT, YOU
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NYS ASSEMBLY FEBRUARY 2, 2021
KNOW, IF WE WERE TALKING ABOUT, YOU KNOW, IF THE GIRL FELT PROTECTED,
BUT SHE DOESN'T FEEL PROTECTED. YOU KNOW, WHEN -- YOU KNOW, SHE GOES
INTO COURT AND GETS AN APPEARANCE TICKET FOR THE VIOLATION, WHO'S
WAITING FOR HER THERE? THE PIMP. SO THIS ISN'T -- THIS ISN'T -- THIS IS NOT
THE EXPERIENCE THAT -- THAT THE GIRLS WHO HAVE GOTTEN OUT OF LIFE HAVE.
THIS IS NOT THAT EXPERIENCE. THEIR EXPERIENCE IS THAT THEY -- THEY'RE
RESCUED BY ALL KINDS OF PEOPLE. VERY OFTEN PEOPLE IN THEIR OWN
FAMILIES, NOT -- NOT THE POLICE OFFICER WHO IS ATTEMPTING THAT --
ATTEMPTING TO ARREST THEM. THAT'S -- THAT'S NOT THE LEVERAGE. YOU KNOW
--
ACTING SPEAKER AUBRY: MS. -- MS. PAULIN.
MS. PAULIN: I KNOW WE HAVE ALL READ --
ACTING SPEAKER AUBRY: MS. PAULIN.
MS. PAULIN: -- YOU KNOW, ABOUT THE FB -- YOU
KNOW, FEDERAL CASES --
ACTING SPEAKER AUBRY: EXCUSE ME FOR
BREAKING IN, MS. PAULIN. SO WE DO HAVE A RULE WHEN YOU'RE IN THE
HOUSE HERE AND DEBATING, YOU HAVE TO HAVE YOUR MASK ON. THAT'S FOR
ALL MEMBERS WHO ARE SITTING HERE, AND WE APPRECIATE HOW DIFFICULT IT IS
TO COMMUNICATE WITH THEM, BUT THAT IS WHAT THE RULE IS. AND IF YOU --
YOU KNOW, IF THAT'S DIFFICULT THEN YOU CAN ALWAYS DO IT VIA ZOOM. BUT
IF YOU'RE IN THE HOUSE, THEN YOU HAVE TO HAVE A MASK ON. THAT'S ALL OF
US. SO I APPRECIATE YOUR UNDERSTANDING. IT IS FOR YOUR HEALTH AND THE
HEALTH OF THE REST OF THE MEMBERS WHO ARE HERE, SO...
MR. ANGELINO: MR. SPEAKER.
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NYS ASSEMBLY FEBRUARY 2, 2021
ACTING SPEAKER AUBRY: YES, SIR.
MR. ANGELINO: I APPRECIATE MS. -- ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ANGELINO: I APPRECIATE THE SPONSOR'S PASSION
FOR THIS --
ACTING SPEAKER AUBRY: AND YOU HAVE TO
HAVE YOUR NOSE COVERED, TOO. IT ISN'T -- YOU'VE GOT TO GO THE WHOLE
ROUTE.
MR. ANGELINO: THE JAW -- GIVES ME PROBLEM WITH
THAT.
ACTING SPEAKER AUBRY: I KNOW. IT IS TOUGH, I
REALIZE IT.
MR. ANGELINO: I APPRECIATE THE SPONSOR'S PASSION,
AND I KNOW IN HER HEART SHE -- SHE WANTS THIS TO HAPPEN. I -- I THINK
THIS IS A BILL THAT'S REPEALING A LAW STATEWIDE THAT'S GOING TO MAKE THIS
LEGAL FOR THOSE ACTIVITIES, REPEATED ACTIVITIES I MENTIONED TO BE LEGAL IN
THE STATE. I -- I THINK THIS IS MORE OF A LAW ENFORCEMENT PROCEDURAL
THING. AFTER TWO DECADES OF COMMUNITY POLICING, I BELIEVE THAT THE --
THAT WE COULD CONTACT LAW ENFORCEMENT OFFICIALS AND HAVE THEM MODIFY
THEIR BEHAVIOR IF THEY'RE GOING AFTER APPEARANCES OF PEOPLE, WHICH IS
SOME PEOPLE CONSIDER PROFILING, AND JUST STICK WITH THE ACTIVITY. BUT I
THINK THIS IS A LAW ENFORCEMENT PROCEDURE NOT A LEGISLATIVE. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR. AND
THANK YOU GUYS FOR COMPLYING.
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NYS ASSEMBLY FEBRUARY 2, 2021
MS. BICHOTTE HERMELYN.
MS. BICHOTTE HERMELYN: THANK YOU, MR.
SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. BICHOTTE HERMELYN: FIRST I WANT TO THANK
THE SPONSOR OF THIS BILL, MS. PAULIN, WHO'S BEEN FIGHTING TO REPEAL THIS
DISCRIMINATORY LAW. THIS BILL THAT WOULD REPEAL THE ARCHAIC WALKING
WHILE TRANS LAW, A LAW PASSED IN THE LATE '70S ALLOWING OFFICERS TO
APPREHEND INDIVIDUALS, OVERWHELMINGLY WOMEN, ON SUSPICION THAT THEY
ARE LOITERING FOR THE PURPOSE OF SEX WORK. TRANSGENDER WOMEN, AND
PARTICULARLY TRANSGENDER WOMEN OF COLOR, ARE DISPROPORTIONATELY
TARGETED THIS WAY, INCLUDING WOMEN OF COLOR, CISGENDER AND IMMIGRANT
WOMEN. IN MY COMMUNITY, BROOKLYN, FLATBUSH, MANY INDIVIDUALS
HAVE BEEN WRONGFULLY PROFILED THIS WAY AND I WANT TO THANK OUR TRANS
ADVOCATE, ESPECIALLY TS CANDII, WHO IS FROM FLATBUSH, LEADER OF BLACK
TRANS NATION FOR HER WORK CHAMPIONING THE REPEAL OF THIS LAW.
VULNERABLE AND MARGINALIZED GROUPS THAT ARE AT HIGHER
RISK OF SEX TRAFFICKING AND OTHER FORMS OF EXPLOITATION AND ABUSE MUST
NOT BE TARGETED; IN FACT, POLICE RARELY ARREST NEW YORKERS FOR THIS
CRIME. MOST LAW ENFORCEMENT AGENCIES HAVE ABANDONED USING THIS LAW
AND RELY ON OTHER MEASURES SUCH -- SUCH AS DISORDERLY CONDUCT CHARGES
TO ADDRESS DISRUPTIVE INDIVIDUALS AND, OF COURSE, PROSTITUTION CHARGES
FOR THOSE WHO OFFER OR SOLICIT PROMOTE PAID SEXUAL ACTIVITY. BUT THAT
DOESN'T MEAN THAT THIS LAW CAN'T BE ABUSED, PARTICULARLY IN INSTANCES
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NYS ASSEMBLY FEBRUARY 2, 2021
WHERE INDIVIDUALS ARE TARGETED, BUT NOT ULTIMATELY CONVICTED UNDER
SECTION 240.37. COUNTLESS TRANSGENDER WOMEN, PARTICULARLY, AGAIN,
WOMEN OF COLOR, HAVE BEEN DETAINED, HARASSED, AND FALSELY ACCUSED
UNDER THIS ARCHAIC LAW AND ALLOWING EVEN A SINGLE PERSON TO SUFFER
UNJUSTLY BECAUSE OF THIS OUTDATED STATUTE IS UNCONSCIONABLE.
IN THIS YEAR, 2021, THERE'S NO REASON THAT PEOPLE
SHOULD STILL BE PROFILED AND POLICED BASED ON HOW THEY LOOK OR DRESS
WITHOUT ANY PROOF OF WRONGDOING OR ILLEGALITY. REPEALING THIS ARACHIC
LAW WILL BRING US ONE STEP CLOSER TO ENDING DISCRIMINATION AGAINST TRANS
WOMEN, WOMEN OF COLOR, BUT OUR -- OUR WORK IS FAR FROM OVER. AGAIN,
I WANT TO THANK THE SPONSOR OF THIS BILL AND ALL THE ADVOCATES, THE
LGBTQ ADVOCATES AND COMMUNITY AS THEY CONTINUE TO BE AN ALLY TO
PARTNER IN THE FIGHT FOR THE RIGHTS OF THE LGBTQ COMMUNITY AND FOR THE
RIGHTS OF ALL NEW YORKERS. I WILL BE SUPPORTING THIS BILL TO REPEAL THE
LAW AND I ENCOURAGE ALL MY COLLEAGUES TO DO SO. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. KIM.
MR. KIM: THANK YOU, MR. SPEAKER.
ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. KIM: MR. SPEAKER, IN MY LIFETIME I LIVED
THROUGH THREE DIFFERENT POLICING ERAS IN OUR COUNTRY. FROM THE WAR ON
DRUGS, WAR ON CRIME AND SUPER PREDATORS AND NOW THE WAR ON
TERROR, I WITNESSED HOW WE'VE BECOME A SURVEILLANCE STATE. ACCORDING
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NYS ASSEMBLY FEBRUARY 2, 2021
TO THE INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW YORK, SINCE 1990
THE NEW YORK CITY PUBLIC SCHOOL EXPENDITURE PER PUPIL HAS ONLY
INCREASED BY 49 PERCENT, WHILE THE NYPD BUDGET HAS INCREASED BY
MORE THAN 350 PERCENT, NEARLY QUADRUPLING IN THE LAST THREE DECADES.
AND DURING THESE TIMES, MR. SPEAKER, IN ORDER TO JUSTIFY THE EXPANSION
AND THE PROFESSIONALIZATION OF OUR POLICE DEPARTMENTS, WE HAD TO ADOPT
AND CODIFY POLICIES THAT CRIMINALIZED PEOPLE'S POVERTIES AND TREATED
CRIMES AS FORMS OF PERSONAL MORAL DEPRAVITY AND NOT A PRODUCT OF
DECLINING SOCIAL CONDITIONS.
WE HAVE ALSO PUNITIVELY NORMALIZED POVERTY AND
CRIME AS INDIVIDUALS MAKING BAD PERSONAL CHOICES IN LIFE; IN FACT, MR.
SPEAKER, AS I SPEAK, I KNOW FOR A FACT THAT THERE ARE MEMBERS IN THIS
BODY WHO GENUINELY BELIEVE THAT SOME MEN ARE JUST BORN VIOLENT AND
GENETICALLY WIRED TO HURT OTHERS AND NO AMOUNT OF HOUSING, HEALTH CARE
OR EDUCATION CAN HELP THEM. FOR DECADES, POLICYMAKERS HAD TO SUPPORT
THIS NOTION THAT POVERTY IS ABOUT PERSONAL CHANGE AND TRANSFORMATION.
IT'S ABOUT POOR PEOPLE NEEDING BETTER FAMILY VALUES, DISCIPLINE,
DETERMINATION, AND CHARACTER. IN OTHER WORDS, THE MASSIVE EXPANSION
OF POLICING RELIED ON LAWS THAT WOULD DEHUMANIZE BLACK, BROWN,
TRANSGENDER, IMMIGRANT AND OTHER MARGINALIZED COMMUNITIES IN OUR --
IN OUR NEIGHBORHOODS. THEY NEEDED LAWS THAT ALLOWED
STATE-SANCTIONED VIOLENCE AGAINST ANYONE WHO DIDN'T WALK, TALK OR
DRESS IN A MORAL AND SOCIALLY ACCEPTABLE WAY. WHEN WE MAKE CRIME
AND PUBLIC SAFETY ABOUT INDIVIDUAL MORAL DEPRAVITY AND -- AND
INDIVIDUAL BAD DECISION-MAKING, LAWMAKERS AND GOVERNMENTS NO
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NYS ASSEMBLY FEBRUARY 2, 2021
LONGER FEEL NEED TO TAKE ANY RESPONSIBILITY TO ACTUALLY DO SOMETHING TO
INVEST IN OUR PEOPLE, LIKE TAXING THE RICH, BECAUSE CRIME IS NO LONGER
ABOUT PUBLIC INVESTMENTS, IT'S MORE ABOUT PERSONAL TRANSFORMATIONS.
MY COLLEAGUES, THIS IS THE BACKBONE IDEOLOGY AND
PHILOSOPHY THAT ALLOWS US YEAR AFTER YEAR TO PASS AUSTERITY BUDGETS
WHILE WE CONTINUE TO HAND OUT BILLIONS OF TAX BREAKS TO WALL STREET AND
BILLIONS -- BILLIONAIRES IN THE STATE. BY HAVING ANTI-LOITERING STATUTES
LIKE WALKING WHILE TRANS, FOR DECADES WE HELPED VALIDATE THIS NOTION
THAT INFORMAL WORKERS AND MARGINALIZED MEMBERS OF OUR COMMUNITIES
WHOSE STRUGGLES HAVE BEEN SYSTEMICALLY MUTED, CANCELED, AND
INVISIBILIZED DON'T DESERVE BASIC HUMAN RIGHTS. WITH THESE TYPES OF
LAWS IN PLACE, WE'VE SEEN SYSTEMICALLY -- WE HAVE BEEN SYSTEMICALLY
SAYING SEX WORKERS, MIGRANTS, TRANSGENDER PEOPLE AND YOUNG BLACK
AND BROWN MEN IN OUR COMMUNITIES DO NOT DESERVE PUBLIC SUPPORT AND
RIGHTS TO HOUSING, FOOD SECURITY, EDUCATION, AND HEALTH CARE BECAUSE
THEY ARE MORALLY CORRUPT. BY HAVING THESE TYPE OF STATUTES IN PLACE, WE
ALLOW OUR SOCIAL SERVICE BUDGETS TO REMAIN FLAT FOR YEARS WHILE WE
DOUBLE OUR POLICE BUDGETS IN TEN YEARS AND HAND OUT TRILLIONS OF TAX
CUTS FOR THE ULTRA RICH, WHO NOW CONTROL THE SOCIAL IMAGE OF WHAT IT
MEANS TO BE PRODUCTIVE AND MORAL.
IN OTHER WORDS, MR. SPEAKER, THE RICH ARE GETTING
RICHER WHERE THEIR PROPERTIES AND ASSETS ARE PROTECTED 24/7 WITH POLICE
SURVEILLANCE, AND THE POOR ARE GETTING IMPRISONED AND SYSTEMICALLY
KILLED EVERY DAY. THE WALKING WHILE TRANS LAW ALSO REPRESENTS THE
WORST DAYS OF POLICING QUALITY OF LIFE CRIMES AND LAID THE FOUNDATION OF
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NYS ASSEMBLY FEBRUARY 2, 2021
BROKEN WINDOWS POLICING, STOP AND FRISK, AND RACIAL PROFILING BY
DEHUMANIZING OUR NEIGHBORS. IT OPENED THE DOOR FOR CREATING
PREDATORY POLICE UNITS LIKE VICE NYPD THAT FOR YEARS GOT AWAY WITH
RACIST AND TARGETED RAIDS AGAINST MOSTLY BLACK, BROWN, AND IMMIGRANT
COMMUNITIES RESULTING IN VIOLENT INTERACTIONS WITH SEX WORKERS.
MR. SPEAKER, ONE OF THOSE WORKERS WAS A WOMAN
NAMED YANG SONG. YANG SONG WAS MY CONSTITUENT AND DIED AT 38
YEARS OLD ON ONE TRAGIC NIGHT IN NOVEMBER, 2017. FOR OVER A YEAR, SHE
WAS TARGETED, RAPED, AND THREATENED TO BE DEPORTED BY THE VICE UNIT
BEFORE ONE NIGHT DURING ONE RAID, SHE FELL OFF A FOURTH FLOOR BALCONY.
AND, MR. SPEAKER, BY THE WAY, SHE WAS A GREEN CARD HOLDER, SHE WAS
NOT AN UNDOCUMENTED WORKER. THE DAS OFFICE, INTERNAL AFFAIRS,
CLAIMS SHE JUMPED AND IMPLIED SHE COMMITTED SUICIDE. BUT AFTER
REVIEWING HER TEXT, PHONE RECORDS, AND HER -- HER PLANE TICKET THE
FOLLOWING WEEK TO VISIT HER FAMILY, IT WAS CLEAR SHE HAD NO INTENT OF
KILLING HERSELF. SHE DIED RUNNING AWAY FROM A RAPIST.
SO AS WE CELEBRATE THE APPEAL OF WALKING WHILE
TRANS STATUTE, WE NEED TO REMIND OURSELVES THAT DESPITE US TAKING AWAY
THE LAW THAT JUSTIFIES THE EXPANDED POLICE PRESENCE LIKE VICE, THEY
CONTINUE TO EXIST FULLY FUNDED AS THEY ROAM AROUND OUR NEIGHBORHOODS
LOOKING FOR THE NEXT YANG SONG. SO WE NEED TO FIND THE COURAGE TO
DISMANTLE UNITS LIKE VICE AND GO ONE STEP FURTHER AND DECRIMINALIZE SEX
WORK ONCE AND FOR ALL. SEX WORK IS WORK. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. GOTTFRIED.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. YOU
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NYS ASSEMBLY FEBRUARY 2, 2021
KNOW, I'VE SERVED IN THE -- THIS LEGISLATURE NOW FOR OVER 50 YEARS. I'M
PROUD TO SAY THAT THERE ARE NOT MANY THINGS, HARDLY ANY THINGS THAT I'M
-- THAT I FEEL ASHAMED OR EMBARRASSED ABOUT WHAT I'VE DONE HERE.
THERE IS CERTAINLY ONE THAT I THINK I HAD PUSHED OUT OF MY MIND UNTIL I
CAME UPON SOME MATERIALS ABOUT THE DEBATE ON THIS BILL IN 1976. AND
WHAT READING THAT DEBATE REMINDED ME OF WAS GUESS WHAT? I SPOKE
AND VOTED IN FAVOR OF ENACTING SECTION 240.37. AT THE TIME, AND TODAY,
I REPRESENTED HELL'S KITCHEN AND TIMES SQUARE. I'VE REPRESENTED THAT
AREA FOR OVER 50 YEARS. AT THAT TIME, THERE WAS A LOT OF COMMUNITY
OUTCRY AGAINST STREET SOLICITATION FOR PROSTITUTION. AND I'M NOT PROUD TO
SAY THAT -- THAT IN RESPONSE TO THAT COMMUNITY ADVOCACY, I VOTED FOR THE
BILL.
I WAS WRONG THEN, THE LAW IS WRONG TODAY. IT IS AND
ALWAYS HAS BEEN AN UNJUSTIFIED TOOL FOR SOME IN LAW ENFORCEMENT TO
HARASS WHOEVER IS THE -- THE COMMON TARGET FOR HARASSMENT IN A
PARTICULAR ERA. AND WHO -- WHO IS THE TARGET FOR HARASSMENT CHANGES
FROM DECADE TO DECADE. LGBTQA FOLKS HAPPENED TO BE, PARTICULARLY
TRANSGENDER FOLKS, HAPPEN TO BE A PARTICULAR TARGET OF POLICE HARASSMENT
TODAY, WHICH IS WHY PEOPLE NOW CALL THIS STATUTE WALKING LAW TRANS.
YOU KNOW, WE'VE -- WE'VE HEARD SOME I THINK REALLY UNREALISTIC
STATEMENTS ON THE FLOOR TODAY THAT THIS -- THAT THIS LAW IS USED TO HELP
PEOPLE WHO ARE BELIEVED TO BE SOLICITING PROSTITUTION, THAT, YOU KNOW,
THE POLICEMAN IS THEIR FRIEND AND IS THERE, YOU KNOW, TO BE HELPFUL TO
THEM. I -- I THINK THAT IS AT BEST A FANTASY. IT WOULD BE NICE IF IT WERE
TRUE. I DON'T THINK THERE'S ANY REAL WORLD EVIDENCE FOR IT. IT'S A TOOL FOR
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NYS ASSEMBLY FEBRUARY 2, 2021
HARASSMENT AND WE SHOULD GET RID OF THAT TOOL, AND SEAL THE RECORDS, IF
NOT EXPUNGING THE RECORDS OF THAT HARASSMENT OVER MANY DECADES.
AS I SAID, I'VE REPRESENTED THE HELL'S KITCHEN
COMMUNITY AND TIMES SQUARE SINCE JANUARY OF 1971. MY CONSTITUENTS
READILY COMPLAIN TO ME ABOUT ALL SORTS OF THINGS. NOBODY IN MY DISTRICT
HAS COMPLAINED TO ME ABOUT THE FACT THAT I AM AND FOR QUITE SOME TIME
HAVE BEEN AN OUTSPOKEN SPONSOR OF REPEAL OF THE WALKING WHILE TRANS
LAW. I'M PROUD TO VOTE FOR IT, PARTICULARLY PROUD SINCE I STARTED OUT NOT
DOING SOMETHING THAT I'M PARTICULARLY PROUD OF IN RELATION TO THIS LAW.
I'M PROUD TO BE VOTING FOR REPEAL AND I URGE ALL OF US, UNDERSTAND THAT
THIS IS NOT A TOOL FOR HELPING ANYBODY. THIS IS A TOOL FOR HARASSMENT
AND WE SHOULD GET RID OF IT. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. LAWLER.
MR. LAWLER: THANK YOU, MR. SPEAKER, AND THANK
YOU TO THE SPONSOR. I -- ON THE BILL. THESE ISSUES ARE NEVER AS SIMPLE
AS ANYONE WANTS TO MAKE IT, NEITHER ADVOCATES OR OPPONENTS, OR OUR
COLLEAGUES. AND SO, I THANK OUR COLLEAGUES ON BOTH SIDES FOR ENGAGING
IN -- IN A THOUGHTFUL DEBATE AND I THINK MR. -- MR. REILLY AND MR.
ANGELINO RAISED A LOT OF SALIENT POINTS. AND DESPITE SOME OF THE
COMMENTS BY MY COLLEAGUES, THIS IS NOT ABOUT FEAR, BUT IT IS ABOUT
ENSURING THE QUALITY OF LIFE BOTH FOR OUR RESIDENTS IN OUR VARIOUS
COMMUNITIES AND THOSE WHO ARE THE VICTIM OF DISCRIMINATION AND
ABUSE.
AND, YOU KNOW, I -- I JUST LISTENED TO MY COLLEAGUES
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NYS ASSEMBLY FEBRUARY 2, 2021
MR. KIM AND MR. GOTTFRIED -- YOU KNOW, MR. GOTTFRIED HAS A BILL
A-849, WHICH DOES, IN FACT, PUSH TO DECRIMINALIZE PROSTITUTION,
INCLUDING REPEALING SECTION 240.37. AND WITHIN SECTION 240.37, IT
TALKS ABOUT FOR THE PURPOSE OF PROSTITUTION, PATRONIZING A PERSON FOR
PROSTITUTION AND PROMOTING PROSTITUTION. AND SO WHEN I SPOKE ABOUT
THIS BILL LAST WEEK, THAT -- THAT WAS MY FOCUS, THE FOCUS WAS ON A
MOVEMENT BY SOME IN THIS LEGISLATIVE BODY TO DECRIMINALIZE
PROSTITUTION. AND THAT INCLUDED IN THE -- THE BILL THAT I JUST MENTIONED,
A-849, REPEALING THIS SECTION.
AND SO, I -- I SPOKE OUT AGAINST IT. AND, YOU KNOW, IN
PART, MY HESITATION HAS BEEN ABOUT REPEALING PARTS OF 240.37 THAT ALSO
TALK ABOUT PATRONIZING AND PROMOTING PROSTITUTION. AND WHY, YOU
KNOW, WE WOULD BE DECRIMINALIZING JOHNS AND PIMPS AND -- AND THEIR
ACTIONS. AND I HEARD FROM A LOT OF PEOPLE. I HEARD FROM BROOKE
MALLOY OF THE ROCKLAND COUNTY PRIDE CENTER WHO HAS DONE A GREAT JOB
ADVOCATING ON BEHALF OF OUR LGBTQ-PLUS COMMUNITY IN ROCKLAND
COUNTY, AND SHE'S HAD A GREAT RELATIONSHIP, AS HAS THE PRIDE CENTER,
WITH -- WITH ALL OF OUR ELECTED OFFICIALS IN ROCKLAND. AND I HEARD FROM
BROOKE AND I HEARD FROM MANY ADVOCATES ON THIS ISSUE. I ALSO SPOKE
WITH DISTRICT ATTORNEYS IN -- IN MY REGION OF THE STATE, AS WELL AS LOCAL
LAW ENFORCEMENT AND -- AND OUR POLICE UNIONS, AS WELL. AND I HAD THE
OPPORTUNITY TO SPEAK WITH THE SPONSOR, ASSEMBLYMEMBER PAULIN, AND
GO THROUGH A LOT OF THESE ISSUES AND -- AND RAISED WHAT MY CONCERNS
WERE AND THE CONCERNS OF SOME OF MY COLLEAGUES, WHICH I DO THINK ARE
LEGITIMATE CONCERNS THAT SOME OF THEM HAVE RAISED TODAY.
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NYS ASSEMBLY FEBRUARY 2, 2021
AND SO, I STILL HAVE, YOU KNOW, RESERVATION ESPECIALLY
AS PERTAINS TO THE MOVE BY SOME OF MY COLLEAGUES TO DECRIMINALIZE
PROSTITUTION IN FULL, AND I WILL CONTINUE TO OPPOSE THAT MOVEMENT. I
WILL CONTINUE TO SPEAK OUT AGAINST THAT. I THINK THERE ARE A LOT OF ISSUES
RELATED TO PROSTITUTION, ESPECIALLY WHEN WE GET INTO THE -- THE REALM OF
HUMAN TRAFFICKING AND WHAT GOES ON IN -- IN, YOU KNOW, CERTAIN AREAS
OF OUR -- OUR STATE AND CITY AND CERTAINLY WE, AS A LEGISLATIVE BODY, AND
WITH OUR COLLEAGUES AND ALLIES IN LAW ENFORCEMENT NEED TO BE VIGILANT
AGAINST THAT.
BUT IN MY CONVERSATIONS WITH -- WITH LAW ENFORCEMENT
AND WITH DISTRICTS ATTORNEYS, SOME OF THEM WERE SPLIT, SOME OF THEM
FAVORED THE REPEAL OF THIS STATUTE, SOME OF THEM WERE OPPOSED TO IT BUT
DIDN'T WANT TO SAY SO PUBLICLY. SOME IN LAW ENFORCEMENT WERE
OPPOSED TO IT, SOME SUPPORTED IT. SO, IT WAS A VERY SPLIT DISCUSSION IN
MANY RESPECTS. BUT ONE THING THAT BECAME CLEAR TO ME IN THE
CONVERSATIONS IS THAT WHERE I LIVE IN ROCKLAND COUNTY, THIS STATUTE HAS
NOT BEEN PROSECUTED AND NOBODY HAS BEEN ARRESTED UNDER IT SINCE AT
LEAST 2014 IN -- IN MY DISTRICT. AND SO, YOU KNOW, BASED ON THESE
CONVERSATIONS, AND BASED ON THE DISCUSSIONS, AND I DON'T WANT TO SPEAK
FOR THE SPONSOR, BUT I CERTAINLY FELT REASSURED FROM HER IN SPEAKING WITH
HER THAT HER INTENTION IS -- IS NOT TO SUPPORT -- NOT TO HAVE THIS BILL
SUPPORT A MOVE TO DECRIMINALIZE PROSTITUTION. BUT I CERTAINLY
APPRECIATE EVERYBODY'S SINCERE COMMENTS ON THIS.
AND THE BOTTOM LINE IS, I'VE TAKEN TO HEART SOME OF THE
ARGUMENTS THAT -- THAT MANY OF MY COLLEAGUES AND ADVOCATES AND
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NYS ASSEMBLY FEBRUARY 2, 2021
RESIDENTS IN MY DISTRICT HAVE MADE AND SO I WILL BE VOTING IN THE
AFFIRMATIVE TO REPEAL SECTION 240.37 OF THE PENAL CODE, AND I WOULD
ENCOURAGE MY COLLEAGUES TO FOCUS SOLELY ON THAT TO ENSURE THAT, YOU
KNOW, PEOPLE IN THE LGBTQ-PLUS COMMUNITY, AS WELL AS, YOU KNOW,
WOMEN AND OTHERS WHO HAVE FELT DISCRIMINATED AGAINST BASED ON THIS
LAW, THAT WE STICK TO THAT AND THAT WE DON'T GO BEYOND THAT IN TERMS OF
TRYING TO DECRIMINALIZE PROSTITUTION. AND WITH THAT, MR. SPEAKER, I
YIELD BACK THE REMAINDER OF MY TIME.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER. I'M GOING TO
HOPE THAT MY CONNECTION STAYS ON, BUT I'M GOING TO ELIMINATE MY VIDEO
BECAUSE THAT SEEMS TO HELP MAINTAIN THE CONNECTION. CAN I BE HEARD?
CAN I BE HEARD?
ACTING SPEAKER AUBRY: YES, WE CAN.
MS. GLICK: THANK YOU. I'VE LISTENED TO THIS DEBATE
AND I APPRECIATE THE, YOU KNOW, SINCERE FEELINGS ON THE PART OF MY
COLLEAGUES, BUT, YOU KNOW, I -- I DO WANT TO RESPOND TO A FEW OF THE
THINGS THAT HAVE BEEN SAID IN THE COURSE OF THE DEBATE. THE NUMBER OF
9-1-1 CALLS IS NOT AN EXACT SCIENCE; IN FACT, I THINK WE ALL ARE AWARE OF
THE FACT THAT WHEN PEOPLE HAVE A COMPLAINT, EVERYBODY ON THE BLOCK
MAKES A CALL AND IT'S ABOUT THE SAME THING. WE SEE THAT WITH 3-1-1 IN
OUR -- IN NEW YORK CITY. SO THE FACT THAT THERE WERE, IN A CITY OF, YOU
KNOW, EIGHT MILLION PEOPLE, 900 CALLS, I THINK ACTUALLY POINTS OUT HOW
UNNECESSARY THIS STATUTE IS.
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NYS ASSEMBLY FEBRUARY 2, 2021
AGAIN, ONE OF MY COLLEAGUES REFERRED TO THE FACT THAT,
YOU KNOW, ARRESTS AND, YOU KNOW, IT'S VERY DIFFICULT, YOU HAVE TO
OBSERVE, THEN YOU MAKE AN ARREST, AND THEN THERE ARE PROSECUTIONS.
THERE AREN'T ALWAYS PROSECUTIONS. WE ALL KNOW THAT IN MANY INSTANCES
DAS DETERMINE THAT IT IS INAPPROPRIATE, NOT FOUNDED, AND THAT THEY WILL
NOT PROCEED WITH A PROSECUTION. IT'S ELECTIVE ENFORCEMENT. WELL, I
THINK WE ALL HAVE SEEN A WIDE RANGE OF DIFFERENT CIRCUMSTANCES IN
WHICH THERE IS SELECTIVE ENFORCEMENT. AND I -- I DON'T WANT TO DUMP ON
THE -- THE POLICE DEPARTMENT. I THINK IT'S A TOUGH JOB. I THINK WHEN YOU
SEE SOMETHING YOU DON'T WANT TO DEAL WITH, YOU CALL THE POLICE. IT'S A
TOUGH POSITION TO BE IN; SOMETIMES IT'S LIFE-THREATENING. BUT BY THE
SAME TOKEN, THEY'RE HUMAN BEINGS WHO HAVE THEIR OWN PREJUDICES AND
THEY SOMETIMES PLAY OUT. AND WE'VE ALSO HEARD ABOUT THE NYPD
HAVING IN DIFFERENT PLACES, DIFFERENT PRECINCTS, COMMANDERS WHO WANT
TO ADVANCE AND THEY WANT MORE ARRESTS. SO, YOU KNOW, SYSTEMS THAT
ARE MADE BY PEOPLE ARE NOT ALWAYS LOGICAL, RATIONAL OR FAIR.
AND I WILL IMPART ONE EXAMPLE, AND IT WAS DURING A
PERIOD, A DISTRICT ATTORNEY WHO WAS VERY WELL-RESPECTED, ROBERT
MORGENTHAU, SEVERAL OF US HAD TO HAVE A MEETING WITH HIM AND HIS TOP
AIDES. THEY WERE SENDING PEOPLE INTO GAY BOOK STORES AND THEY WERE
CLEARLY TRYING TO ENTRAP GAY MEN BY ESSENTIALLY HAVING SOMEBODY
PROPOSITION THEM. WE WERE OUTRAGED, WE WERE INFURIATED, AND MANY OF
THE LGBTQ REPRESENTATIVES MET WITH THE DAS STAFF AND SAID THAT THIS,
WHATEVER THIS WAS, I MEAN NOBODY WAS GOING INTO A FANCY HOTEL BAR TO
SEND YOUNG WOMEN IN TO SEE IF ANY OF THE OLDER GENTLEMEN WOULD, IN
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NYS ASSEMBLY FEBRUARY 2, 2021
FACT, BE EASILY PROPOSITIONED AND THEN ARRESTED.
SO, THERE, YOU KNOW, THE STREET -- PEOPLE WALKING ON
THE STREET, PEOPLE HANGING OUT ON THE STREET, THIS IS SOMETHING THAT HAS
BEEN USED AGAINST YOUNG PEOPLE, PEOPLE OF COLOR, THE LGBT
COMMUNITY. THERE ARE MANY, MANY STATUTES THAT PROVIDE THE POLICE
WITH THE TOOLS TO PROTECT THE QUALITY OF LIFE IN DIFFERENT COMMUNITIES.
THIS HAS BEEN USED AS A TOOL OF HARASSMENT. NOW, I -- I DO NOT ACTUALLY
SUPPORT MR. GOTTFRIED'S BILL, I THINK THAT I SIDE WITH SOME OF THE FOLKS IN
THE SEX TRAFFICKING COMMUNITY THAT FEEL THAT IS A -- UNDERMINES THE
SAFETY OF PEOPLE AND -- AND MAKES PEOPLE A TARGET FOR TRAFFICKING. SO, I
DON'T SUPPORT THAT BILL, BUT I SUPPORT THIS BILL WHOLEHEARTEDLY AND I
BELIEVE THAT IT IS LONG OVERDUE. I APPRECIATE AND THANK THE SPONSOR FOR
ALLOWING THIS TO COME TO THE FLOOR AND ALL OF MY COLLEAGUES WHO HAVE
SPOKEN IN FAVOR OF THIS. AND I APPRECIATE THE CONCERNS THAT HAVE BEEN
RAISED BY MY COLLEAGUES ON THE OTHER SIDE, BUT THE SCALES OF JUSTICE
MUST FALL IN BALANCE FINALLY AND I WILL HAPPILY VOTE IN FAVOR. THANK YOU
VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH. JUST FOR, PARTICULARLY NEWER MEMBERS, WE'RE -- WANT TO REMIND
YOU THAT IN YOUR REMARKS WE ASK YOU NOT TO REFER TO OTHER MEMBERS OF
THE HOUSE BY NAME. YOU MIGHT SAY "FORMER SPEAKER," "PREVIOUS
SPEAKER," BUT USING INDIVIDUAL MEMBERS' NAMES IN YOUR STATEMENT IS --
WE ASK YOU NOT TO DO THAT. I'M SURE YOU'RE FACILE ENOUGH IN THE
LANGUAGE TO FIGURE OUT HOW TO DO IT WITHOUT USING THOSE NAMES. SO, I'D
APPRECIATE THAT, THANK YOU, AND IT'S PART OF THE RULES OF THIS HOUSE.
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NYS ASSEMBLY FEBRUARY 2, 2021
MS. LUNSFORD.
MS. LUNSFORD: THANK YOU VERY MUCH, MR.
SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. LUNSFORD: THANK YOU TO THE SPONSOR AND ALL
OF THE ADVOCATES FOR ALL OF THEIR HARD WORK ON THIS BILL. THIS VAGUE
LOITERING LAW HAS FOR DECADES SERVED AS LICENSE FOR THE HARASSMENT OF
TRANS PEOPLE, PEOPLE OF COLOR, AND WOMEN. ENACTED IN 1976, THIS
REDUNDANT LAW SERVES NO COMPELLING PUBLIC SAFETY PURPOSE NOT ALREADY
SERVED BY A HOST OF OTHER LAWS ALREADY ON THE BOOKS. THIS LAW HAS
RESULTED IN LAW ENFORCEMENT TARGETING PEOPLE BASED ON HOW THEY DRESS,
WHAT TIME THEY ARE OUTSIDE, AND WHERE THEY HAPPEN TO BE STANDING.
THIS REPEAL DOES NOT LEGALIZE PROSTITUTION. IT DOESN'T
EVEN NEGATIVELY IMPACT LAW ENFORCEMENT'S ABILITY TO COMBAT
PROSTITUTION. AFTER THIS LAW IS REPEALED, LAW ENFORCEMENT MAY STILL
MAKE ARRESTS FOR TRESPASS, DISORDERLY CONDUCT, PUBLIC LEWDNESS AND, OF
COURSE, ENGAGING IN, PATRONIZING OR PROMOTING PROSTITUTION, ALL OF
WHICH REMAIN ILLEGAL. EVERY EXAMPLE CITED BY OUR COLLEAGUES IN
OPPOSITION TO THIS BILL COULD BE ATTENDED TO UNDER ANY OF THOSE EXISTING
LAWS. ONE OF OUR COLLEAGUES LITERALLY DESCRIBED THE CRIME OF
PROSTITUTION UNDER SECTION 230 OF THE PENAL LAW; THAT WOULD BE DEALT
WITH BY SECTION 230 OF THE PENAL LAW.
AS THE SPONSOR SAID, WE DO NOT NEED THIS LAW TO
ACHIEVE THE GOVERNMENTAL PURPOSE OF COMBATTING PROSTITUTION, AND THIS
40
NYS ASSEMBLY FEBRUARY 2, 2021
IS THE ONLY LAW WE ARE DISCUSSING HERE TODAY. WITHOUT THIS LAW, LAW
ENFORCEMENT MAY STILL ARREST PEOPLE THAT THEY SUSPECT TO BE GUILTY OF
SOLICITING, PROMOTING OR PATRONIZING PROSTITUTION. THEY MAY JUST --
THEY MUST JUST HAVE SOME COMPELLING FOUNDATION OTHER THAN THAT
SOMEONE'S SKIRT IS TOO SHORT OR THAT THEIR HANDS ARE TOO BIG. THOSE WHO
SUGGEST THAT REPEALING THIS LAW MAKES OUR COMMUNITIES LESS SAFE ARE AT
BEST UNFAMILIAR WITH THE STATE OF OUR LAWS SURROUNDING PROSTITUTION OR,
AT WORST, ARE BEING PURPOSELY DISINGENUOUS TO SCORE POLITICAL POINTS.
I AM PROUD TO SUPPORT THIS BILL AND PROTECT OUR BLACK,
BROWN, AND LGBTQ FRIENDS, FAMILIES, AND NEIGHBORS. I VOTE IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. TANNOUSIS.
MR. TANNOUSIS: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. TANNOUSIS: THANK YOU VERY MUCH. I JUST
WANT TO SAY I -- I APPRECIATE THE SPONSOR ON THIS BILL, BUT I DO WANT TO
SAY THAT ACCORDING TO PENAL LAW SECTION 240.37, IT STATES THAT IT IS A
VIOLATION FOR ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A PUBLIC
PLACE AND REPEATEDLY BECKONS TO OR REPEATEDLY STOPS OR REPEATEDLY
ATTEMPTS TO STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY IN
CONVERSATION, OR REPEATEDLY STOPS OR ATTEMPTS TO STOP MOTOR VEHICLES, OR
REPEATEDLY INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS FOR THE
PURPOSE OF PROSTITUTION OR PATRONIZING A PERSON FOR PROSTITUTION. THAT
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NYS ASSEMBLY FEBRUARY 2, 2021
IS WHAT A POLICE OFFICER WOULD HAVE TO TESTIFY TO IN COURT AND THAT IS
WHAT A DISTRICT ATTORNEY WILL HAVE TO PROVE IN A COURT OF LAW.
NOW, NO POLICE OFFICER SHOULD EVER BE MAKING AN
ARREST IN ANY SITUATION, LET ALONE IN THIS CHARGE, IN REGARDS TO A PERSON'S
APPEARANCE, A PERSON'S GENDER, WHAT THE PERSON IS WEARING OR ANYTHING
TO THAT EFFECT. AND -- AND NO POLICE OFFICER SHOULD BE MAKING THAT
ARREST, PERIOD. NOW, I UNDERSTAND AND I APPRECIATE THE SPONSOR'S
MOTIVATION, AND I UNDERSTAND THAT THERE IS -- THAT THERE MAY BE A DIS --
DISPROPORTIONATE IMPACT ON WOMEN, PARTICULARLY TRANSGENDER WOMEN
AND WOMEN OF COLOR; HOWEVER, THIS SHOULD BE CORRECTED BY -- BY
ADDRESSING THE UNJUST ENFORCEMENT, POTENTIAL UNJUST ENFORCEMENT OF
THIS LAW, NOT REPEALING THIS LAW TOTALLY. MY FEAR IS THAT BY REPEALING
THIS LAW WE WILL EMBOLDEN THE GANGS AND THE ORGANIZED CRIME GROUPS
THAT CONTINUOUSLY TRAFFIC THESE VICTIMS.
SO FOR THOSE REASONS, I AM IN THE NEGATIVE ON THIS BILL.
THANK YOU, MR. SPEAKER, AND I YIELD BACK MY TIME.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GONZÁLEZ-ROJAS.
MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. GONZÁLEZ-ROJAS: THANK YOU FOR ALLOWING
ME TO RISE IN FAVOR OF THE REPEALING PENAL CODE 240.37, ALSO KNOWN AS
THE WALKING WHILE TRANS BAN. I WANT TO THANK THE PRIME SPONSOR,
AMY PAULIN, FOR CARRYING THIS VERY, VERY IMPORTANT BILL. I ALSO WANT TO
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NYS ASSEMBLY FEBRUARY 2, 2021
LIFT UP DIRECTLY IMPACTED COMMUNITY MEMBERS, BLACK AND BROWN TRANS
WOMEN WHO HAVE ALSO PUSHED TO FINALLY SEE THE STATUTE REMOVED FROM
THE LAW. THE CAMPAIGN THAT'S MOVED THIS LEGISLATION HAD INCLUDED
ORGANIZATIONS LIKE MAKE THE ROAD, BLACK TRANS NATION, THE NEW YORK
CIVIL LIBERTIES UNION, CRIMINAL JUSTICE ORGANIZATIONS, LBGTQ RIGHTS
ORGANIZATIONS, AND MANY ADVOCATES WHO HAVE SPENT HOURS TELLING AND
RETELLING THEIR STORIES, RELIVING THEIR TRAUMA SO THAT THE LEGISLATURE CAN
FINALLY CLAIM THAT BLACK TRANS LIVES MATTER, THAT IMMIGRANT TRANS LIVES
MATTER, THAT LATINA TRANS LIVES MATTER, BECAUSE THEY DO.
I WAS BORN IN 1976. THIS STATUTE HAS BEEN IN EXISTENCE
MY ENTIRE LIFE. AND AT ITS HEIGHT IN 1977, POLICE MADE 9,565 ARRESTS
JUST IN MANHATTAN. THIS PENAL CODE HAS ALSO LED TO THE ARRESTS OF
THOUSANDS OF WOMEN WHO ARE CRIMINALIZED FOR SIMPLY EXISTING, WITH 85
PERCENT OF ARRESTS BEING WOMEN OF COLOR, WHETHER THEY WERE LEAVING A
CLUB, GOING TO THE DELI OR WALKING DOWN THE STREETS OF ROOSEVELT
AVENUE IN QUEENS, MANY HAVE BEEN TARGETED BY AN UNJUST, PARTIAL
SYSTEM THAT HAS SOUGHT TO DEHUMANIZE THEM AND IMPEDE THEIR ABILITY TO
ACCESS CRITICAL SERVICES.
THIS HAS DIRECTLY IMPACTED MY DISTRICT, THE 34TH
DISTRICT, WHICH ENCOMPASSES JACKSON HEIGHTS, A NEIGHBORHOOD KNOWN
FOR ITS HISTORIC CONTRIBUTIONS TO LARGER MOVEMENT FOR QUEER AND TRANS
RIGHTS. COMMUNITY MEMBERS HAVE LONG LIVED WITH A FEAR THAT THEY
COULD BE TARGETED JUST BECAUSE THEY WERE WALKING DOWN THE STREET AND
DRESSED IN TIGHT PANTS OR SHORT SKIRTS. ONE COMMUNITY MEMBER, MYRA
(PHONETIC), HAS SHARED THAT SHE HAS BEEN REPEATEDLY TARGETED BY THE
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NYS ASSEMBLY FEBRUARY 2, 2021
POLICE SIMPLY BECAUSE SHE'S A TRANS WOMAN. SHE HAS KEPT A PICTURE OF
HER MARRIAGE CERTIFICATE IN HER CELL PHONE SO THAT WHEN SHE WALKS
OUTSIDE WITH HER HUSBAND AFTER 10 P.M., SHE CAN SHOW PROOF OF HER
RELATIONSHIP BECAUSE IT HAS BEEN ASSUMED THAT HE IS A CLIENT, NOT HER
HUSBAND. SO I ASK MY COLLEAGUES IN THE CHAMBER RIGHT NOW WHO ARE
MARRIED, DO YOU HAVE TO CARRY A PICTURE OF YOUR MARRIAGE CERTIFICATE IN
YOUR WALLET OR ON YOUR PHONE? NO ONE SHOULD EVER HAVE TO WALK IN
THEIR NEIGHBORHOODS WITH THIS FEAR, NOT MYRA (PHONETIC), NOT ANYONE.
ADVOCATES HAVE ALSO LABELED THIS AS STOP AND FRISK
2.0 BECAUSE HOW IT PERPETUATES BROKEN WINDOWS POLICING. THIS IS A
PROFILING ISSUE PLAIN AND SIMPLE, SO WE MUST ACT TO REPEAL IT TODAY; IN
FACT, THIS BILL HAS EVEN BEEN SUPPORTED BY LAW ENFORCEMENT. THE
DISTRICT ATTORNEY ASSOCIATION OF NEW YORK, DESPITE MY GREAT
DIFFERENCES WITH THEM, SAYS IT IS TIME TO REPEAL THIS STATUTE. AND WHILE
SOME OF MY COLLEAGUES SPEAK OF QUALITY OF LIFE ISSUES, I ASK, WHAT
ABOUT THE QUALITY OF LIFE FOR THE WOMEN TARGETED BY THIS LAW? THE
PEOPLE IN MY COMMUNITY THAT HAVE BEEN TARGETED AND ARRESTED BECAUSE
OF THIS LAW HAVE SUFFERED RIPPLE EFFECTS ON THEIR ABILITY TO ACCESS
HOUSING, TO ACCESS EMPLOYMENT, AND THEIR ABILITY TO STAY IN THEIR OWN
HOME. ARRESTS DUE TO THE STATUTE CAN PUT A PERSON'S IMMIGRATION CASE AT
RISK AS THEY APPEAR BEFORE THE COURTS. THE PASSAGE OF THIS BILL IS,
THEREFORE, AT THE INTERSECTION OF RACIAL JUSTICE, IMMIGRANT RIGHTS, TRANS
RIGHTS, WOMEN'S RIGHTS, GENDER JUSTICE, AND THIS IS THE WORK I'VE DONE
FOR TWO DECADES.
AND FINALLY, SIMPLY REPEALING THIS STATUTE WILL NOW
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NYS ASSEMBLY FEBRUARY 2, 2021
UNDUE THE HARM THAT HAS BEEN HELD ON BY PEOPLE LIKE MYRA (PHONETIC)
WHO SIMPLY WANT THE ABILITY TO LIVE FREELY IN THIS STATE. THE LEGISLATION
SIGNED INTO LAW MUST SEAL VIOLATIONS AND CONVICTIONS, TO LIFT WHATEVER
BARRIERS EXIST FOR PEOPLE ARRESTED UNDER THIS STATUTE TO RECEIVE
ADDITIONAL SUPPORT, ESPECIALLY DURING THIS REALLY DIFFICULT TIME FOR ALL OF
US HERE IN NEW YORK. SO I THANK YOU TS CANDII, SIYAH (PHONETIC),
MATEO (PHONETIC), JARED (PHONETIC), BIANAY (PHONETIC), MYRA
(PHONETIC), NORMAN (PHONETIC), BRIAN (PHONETIC), AND ALL THE ADVOCATES
WHO HAVE FOUGHT FOR THIS DAY. TODAY IS YOUR DAY. IT IS A DAY THAT CAN
BE MORE JUST AND MORE HUMANE. THIS DAY IS FOR LORENA BORJAS, THIS
DAY IS FOR LAYLEEN POLANCO, THIS DAY IS FOR JUSTICE FOR OUR CIS AND TRANS
SISTERS ACROSS THE STATE. I PROUDLY VOTE IN SUPPORT OF THIS BILL. THANK
YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
MS. MITAYNES.
MS. MITAYNES: THANK YOU. THE WALKING WHILE
TRANS IS SIMPLY STOP AND FRISK 2.0. THE LAW STARTED IN THE LATE '70S
WITH THE PURPOSE OF CLEANING UP TIMES SQUARE. WHEN I MIGRATED FROM
PERU, WE CAME TO LIVE IN NEW YORK CITY AND I LIVED IN HELL'S KITCHEN
ON 44TH STREET BETWEEN 8TH AND 9TH AVENUE. THIS LAW IS -- THIS LAW
LEADS TO DISCRIMINATORY AND ARBITRARY ARRESTS THAT LEADS TO POLICE
HARASSMENT AND MISCONDUCT. NO ONE SHOULD BE PENALIZED FOR THE WAY
THAT THEY LOOK. I ASK MY COLLEAGUES TO SEE THIS FOR WHAT IT IS, A HUMAN
RIGHTS ISSUE. I STAND WITH MY BROTHERS AND SISTERS AND THE LGBTQ-PLUS
COMMUNITY AND VOTE IN THE AFFIRMATIVE. I YIELD THE REST OF MY TIME.
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NYS ASSEMBLY FEBRUARY 2, 2021
ACTING SPEAKER AUBRY: THANK YOU SO MUCH.
MR. BURKE.
MR. BURKE: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A QUESTION?
MS. PAULIN: ABSOLUTELY.
ACTING SPEAKER AUBRY: WILL YOU YIELD? THE
SPONSOR YIELDS.
MR. BURKE: THANK YOU. SO, YOU KNOW, I WAS
LOOKING THROUGH SOCIAL MEDIA THE OTHER DAY AND I CAME ACROSS, YOU
KNOW, SOMETHING FROM A POLITICAL ORGANIZATION THAT SAID THAT, YOU
KNOW, THE LEGISLATURE IS LOOKING TO LEGALIZE PROSTITUTION. AND NOT TO
KEEP GOING OVER THAT, BECAUSE THAT'S OBVIOUSLY NOT WHAT THIS -- THIS BILL
DOES, BUT I JUST WANT TO ASK YOU AGAIN DIRECTLY, DOES THIS BILL LEGALIZE
PROSTITUTION?
MS. PAULIN: NOT IN ANY WAY AND, IN FACT, MOST
GROUPS THAT I KNOW THAT ARE OPPOSING LEGALIZING PROSTITUTION ARE IN
SUPPORT OF THIS BILL.
MR. BURKE: ALL RIGHT. THANK YOU.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. BURKE: YOU KNOW, I WOULD HOPE THAT WE
WOULD, YOU KNOW, THERE ARE DIFFERENT SIDES ON THE DISCUSSION OF, YOU
KNOW, WHETHER WE SHOULD DECRIMINALIZE SEX WORK, BUT THAT -- THAT
REALLY IS A WHOLE DIFFERENT CONVERSATION. SO, I KNOW THAT'S BEEN A BIG
PART OF THE DEBATE OR PART OF PEOPLE'S, YOU KNOW, DISCUSSIONS. BUT
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NYS ASSEMBLY FEBRUARY 2, 2021
THAT'S NOT REALLY WHAT THIS DOES AT ALL. I'VE SPOKEN TO THE LAW
ENFORCEMENT, YOU KNOW, LEADERSHIP IN MY COMMUNITY, IN THE -- THE
SEVERAL MUNICIPALITIES THAT I REPRESENT AND ALL OF THEM SAID THAT THEY
HAD NO PROBLEM, YOU KNOW, WITH -- WITH SUPPORTING THIS BILL AND THEY
THOUGHT IT WAS TIME TO DO THIS, AS WELL. SO I WILL BE HAPPY TO -- TO VOTE
IN THE AFFIRMATIVE AND I ALSO YIELD BACK THE REST OF MY TIME.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. RICHARDSON.
(PAUSE)
MS. RICHARDSON: I APOLOGIZE, MR. SPEAKER, AS I
WAS EXPERIENCING SOME TECHNICAL DIFFICULTIES ON MY END. I COME
FORWARD TODAY FROM THE MIGHTY 43RD ASSEMBLY DISTRICT, BECAUSE WE
UNDERSTAND THAT RACIAL PROFILING IN NEW YORK STATE IS REAL. IT IS TIME
FOR US TO BE VERY HONEST ABOUT THE POLICIES AND THE PRACTICES THAT ENABLE
THESE DISCRIMINATORY PRACTICES. THE EVIDENCE IS VERY GLARING. OUR
TRANSGENDER BROTHERS AND SISTERS ARE BEING RACIALLY PROFILED, THEY'RE
BEING TARGETED, THEY'RE BEING -- THEY'RE BEING SINGLED OUT, AND WE KNOW
THAT THIS IS REAL. AND IT STOPS TODAY. IT HAS GOT TO STOP TODAY.
SO AS WE REPEAL THIS PARTICULAR LAW, WE ARE SENDING A
CLEAR MESSAGE SPECIFICALLY TO OUR BLACK AND LATINX TRANSGENDER
BROTHERS AND SISTERS ACROSS THE STATE OF NEW YORK. YOU MATTER. YOU
MATTER. YOUR LIFE MATTERS. YOUR EXISTENCE MATTERS, AND IT'S NOT ILLEGAL.
PLEASE MOVE IN YOUR AUTHENTIC SELF. LIVE IN YOUR AUTHENTIC SELF. RUN,
JUMP, AND NOW TODAY YOU CAN WALK AS YOUR AUTHENTIC SELF. I WANT TO
SAY THANK YOU TO THE SPONSOR OF THIS LEGISLATION FOR HAVING THE COURAGE
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NYS ASSEMBLY FEBRUARY 2, 2021
TO SEE IT THROUGH. I WANT TO SAY THANK YOU TO ALL OF THE ADVOCATES ACROSS
THE CITY AND STATE OF NEW YORK FOR ELEVATING THEIR VOICES ON A
CONTINUOUS LEVEL. AND TODAY, I PROUDLY SIT BECAUSE I CANNOT STAND IN
THE AFFIRMATIVE AS WE REPEAL. WALK, JOG, MOVE AUTHENTICALLY. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
RICHARDSON.
MR. CARROLL.
MR. CARROLL: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. CARROLL: I WANT TO THANK THE SPONSOR AND ALL
THE ACTIVISTS, ESPECIALLY THE TRANS ACTIVISTS, WHO MADE TODAY POSSIBLE.
WE SHOULD ALL BE -- BE SUPPORTING THIS SMART, COMMONSENSE LEGISLATION
THAT REPEALS A VAGUE LAW, A VAGUE LAW THAT ALLOWS FOR LAW ENFORCEMENT
TO UNJUSTIFIABLY STOP PEOPLE WHILE THEY'RE GOING ABOUT THEIR DAILY LIVES.
ANY LAW THAT DOES THAT SHOULD SHAKE ALL OF US TO OUR CORE. WE SHOULD
NOT GIVE TOOLS TO LAW ENFORCEMENT TO HARASS EVERYDAY CITIZENS. LAW
ENFORCEMENT IS NECESSARY BUT IT MUST BE KEPT AT BAY. BECAUSE IF IT IS
NOT KEPT AT BAY, IT WILL INVARIABLY IMPEDE ON OUR PERSONAL FREEDOMS AND
LIBERTIES, AND IT WILL DISCRIMINATE AGAINST FOLKS WHO HAVE NO POWER AND
ARE NOT ABLE TO PUSH BACK.
SO I AM HAPPY TODAY THAT WE STAND UP FOR
MARGINALIZED COMMUNITIES AND COMMUNITIES THAT HAVE TOO OFTEN BEEN
MALIGNED AND DISCRIMINATED AGAINST. THIS IS DISGUSTING, IT NEEDS TO
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NYS ASSEMBLY FEBRUARY 2, 2021
STOP. THERE ARE SO MANY OTHER LAWS THAT WE SHOULD HAVE THE SAME KIND
OF SCRUTINY AND REPEAL, BUT TODAY WE REPEAL THE WALKING WHILE TRANS
BAN, AND THAT IS A PROUD MOMENT. I WANT TO AGAIN COMMEND THE
SPONSOR AND ALL OF THE BRAVE ACTIVISTS WHO MADE TODAY POSSIBLE. I VOTE
IN THE AFFIRMATIVE AND I HOPE MY COLLEAGUES WILL DO THE SAME. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
(PAUSE)
ASSEMBLYWOMAN, ARE YOU HEARING US?
MS. RAJKUMAR: YES. THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL.
MS. RAJKUMAR: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME THIS TIME TO SPEAK, AND THANK YOU TO THE SPONSOR FOR HER
TREMENDOUS WORK ON THIS BILL. FORTY-SEVEN PERCENT OF ALL ARRESTS UNDER
SECTION 240.37 OF THE PENAL LAW HAPPEN RIGHT HERE IN MY BOROUGH OF
QUEENS. I THUS AM COMPELLED TO REGISTER MY CONCERN. THIS SECTION OF
THE PENAL LAW OFFERS LITTLE GUIDANCE AND TOO MUCH DISCRETION TO LAW
ENFORCEMENT. THOSE RESPONSIBLE FOR ENFORCING THE LAW DEPEND UPON
LAWS THAT ARE PROPERLY TAILORED AND CONSTRUCTED SO THAT THEY CAN DO THEIR
JOB PROPERLY.
THE CONSEQUENCES OF THIS UNJUST AND POORLY
CONSTRUCTED LAW ARE FAR REACHING. A WOMAN CAN BE IMPROPERLY
DETAINED BY LAW ENFORCEMENT SIMPLY BECAUSE HER CLOTHING OR
APPEARANCE IS VIEWED IN A CERTAIN WAY. A WOMAN CAN BE CRIMINALIZED
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NYS ASSEMBLY FEBRUARY 2, 2021
JUST FOR WANDERING IN A PUBLIC PLACE AND LOOKING A CERTAIN WAY. THIS IS
CONTRARY TO THE VALUES OF EQUALITY, OPPORTUNITY, AND JUSTICE THAT ARE
ENSHRINED IN OUR CONSTITUTION AND OUR BILL OF RIGHTS. MANY LGBTQ
YOUTH WHO RUN AWAY FROM HOME STRUGGLING TO MAKE IT FACE THE EXTRA
BURDEN OF BEING CRIMINALIZED UNDER THIS LAW. IMMIGRANT NEW YORKERS
CONVICTED UNDER THIS LAW MAY LOSE THE ONCE IN A LIFETIME OPPORTUNITY TO
WIN THEIR ASYLUM CLAIMS IN THE UNITED STATES. THIS LAW CREATES A
PIPELINE TO UNJUST INCARCERATION FOR ALL THESE GROUPS. IT FURTHERS THE
MARGINALIZATION OF NEW YORKERS BASED ON THEIR APPEARANCE AND
GENDER.
IN 1976, THE LEGAL AID SOCIETY ARGUED THAT THIS
SECTION OF THE PENAL LAW WAS OVERBROAD, UNCONSTITUTIONALLY VAGUE, AND
INHIBITED FREE SPEECH. THEY WON THEIR CASE. BUT A HIGHER COURT UPHELD
THE LAW, AND THE LAW THEN REMAINED ON THE BOOKS FOR OVER 40 YEARS.
BUT HOPEFULLY NO LONGER. IN THE WORDS OF BLACK TRANS ACTIVIST MARSHA
P. JOHNSON: HOW MANY YEARS HAS IT TAKEN PEOPLE TO REALIZE THAT WE ARE
ALL BROTHERS AND SISTERS AND HUMAN BEINGS IN THE HUMAN RACE?
TODAY AS A CIVIL RIGHTS LAWYER, ASSEMBLYWOMAN,
AND PROUD NEW YORKER, I HOPE THAT WE WILL FINALLY RIGHT THIS WRONG
AND CURE THIS INJUSTICE AT LAST, THEREBY CREATING A FAIR, MORE EQUITABLE
NEW YORK AND FURTHERING THE HUMAN RIGHTS OF ALL. I WILL BE VOTING FOR
THIS BILL. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. FERNANDEZ.
MS. FERNANDEZ: THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY FEBRUARY 2, 2021
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. FERNANDEZ: EVERY DAY, MEMBERS OF THE TRANS
COMMUNITY ARE MARGINALIZED, STIGMATIZED, AND TARGETED ON OUR STREETS
AND IN OUR CITIES. IT IS BAFFLING TO ME HOW WE, AS A SOCIETY, HAVE NOT
MOVED ON FROM THE HATEFUL AND DISGRACEFUL ATTACKS TO THE
LGBTQIA-PLUS COMMUNITY. WE ARE PART OF A DIVERSE SOCIETY. BUT
JUST LAST YEAR IN MY DISTRICT, IN MY COMMUNITY, WE SAW AN ATTACK. A
"BLACK TRANS LIVES MATTER" MURAL WAS DEFACED WITH HATE SPEECH AND
OBSCENITIES. IT IS LONG OVERDUE THAT TRANS RIGHTS WERE PRIORITIZED NOT
ONLY IN OUR HEARS AND MINDS, BUT IN OUR LAWS.
WE ARE 21 YEARS NOW INTO THE 21ST CENTURY AND THIS
ARCHAIC STOP AND FRISK TACTIC IS STILL BEING USED TO UNJUSTLY PROFILE AND
DISPROPORTION -- DISPROPORTIONATELY TARGET TRANS WOMEN, PARTICULARLY
TRANS WOMEN OF COLOR. ITS EXISTENCE ALLOWS POLICE TO DECIDE IF A
WOMAN'S SKIRT IS TOO SHORT, IF THE PERSON IS TALKING TO ONE PERSON FOR TOO
LONG, OR JUST LINGERING TOO LONG IN THE STREET. THESE EVERYDAY
OCCURRENCES SHOULD NOT GIVE CAUSE FOR ARREST. MEMBERS OF OUR TRANS
COMMUNITY SHOULD NOT BE FIGHTING FOR THE ABILITY TO WALK IN THEIR OWN
NEIGHBORHOODS WITHOUT FEAR OF PERSECUTION.
TODAY, WE MUST ADVANCE TRANS DIGNITY AND EQUALITY BY
REPEALING THE WALKING WHILE TRANS BILL AND ALLOW NEW YORK TO BE AN
ALL-ENCOMPASSING STATE THAT ACCEPTS EVERY PERSON NO MATTER THEIR COLOR,
RACE, RELIGION OR SEXUAL ORIENTATION FOR WHO THEY ARE. IT IS TIME WE GIVE
TRANS WOMEN OF COLOR THEIR FREEDOM. I THANK THE SPONSORS AND I
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NYS ASSEMBLY FEBRUARY 2, 2021
APPLAUD THEM FOR THEIR COURAGE. I APPLAUD THE ADVOCATES FOR THEIR
DILIGENCE. I URGE ALL OF MY COLLEAGUES TO STAND WITH ME AND SUPPORT
THIS REPEAL SO THAT WE CAN SECURE EQUALITY AND JUSTICE FOR ALL PEOPLE.
AND WITH THAT, MR. SPEAKER, I VOTE IN THE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH.
MR. BURGOS.
MR. BURGOS: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. BURGOS: TODAY MARKS A CRITICAL STEP TOWARDS
EQUITY AND FAIRNESS IN OUR LAWS. A-3355, BETTER KNOWN AS THE WALKING
WHILE TRANS BILL REPEAL, FINALLY STOPS THE DEMEANING AND ARBITRARY
ARRESTS AND INCARCERATION OF WOMEN, SPECIFICALLY BLACK AND BROWN
TRANSGENDER WOMEN. SINCE THE INCEPTION OF THIS LAW, OUR STATE AND
NATION HAS MADE SIGNIFICANT STRIDES TOWARDS EQUALITY FOR LGBTQ
PEOPLE. BUT THIS LAW SERVES AS A VESTIGE OF A TOUGH ON CRIME ERA THAT
ALLOWED FOR THE SYSTEMATIC TARGETING OF YOUNG PEOPLE, PEOPLE OF COLOR,
AND QUEER PEOPLE OF COLOR; IN FACT, AS THE NEW YORK TIMES PUT IT, THE
DEPLOYMENT OF THIS STATUTE, IN ESSENCE, A PERVERSE EQUALIZER, EXTENDING
THE INDIGNITIES OF STOP AND FRISK POLICING EXPERIENCED BY SO MANY
YOUNG BLACK AND LATINO MEN TO AN ENTIRE POPULATION OF WOMEN ALREADY
FACING A MYRIAD OF FORMS OF DISCRIMINATION.
ACCORDING TO THE LEGAL AID SOCIETY BETWEEN 2012
AND 2015, NEARLY 1,300 PEOPLE WERE ARRESTED IN NEW YORK CITY UNDER
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NYS ASSEMBLY FEBRUARY 2, 2021
THIS LAW. MORE THAN 600 WERE CONVICTED, AND CLOSE TO 240 SERVED TIME
IN JAIL WITH OVER TWO-THIRDS OF THE ARRESTS COMING FROM FIVE PRECINCTS IN
CENTRAL BROOKLYN AND THE BRONX. AND AFTER 2018, 91 PERCENT OF PEOPLE
ARRESTED UNDER THIS STATUTE WERE BLACK AND BROWN, AND 80 PERCENT
IDENTIFIED AS WOMEN.
THESE AREN'T JUST STATISTICS TO ME. WHEN I SEE THESE
NUMBERS, I THINK ABOUT THE TRANS WOMEN LIKE THOSE IN MY DISTRICT IN THE
BRONX WHO ARE LIKELY BEARING THE BRUNT OF THIS UNEQUAL ENFORCEMENT.
WHEN I SEE THESE NUMBERS, I THINK ABOUT LAYLEEN POLANCO WHO DIED IN
SOLITARY CONFINEMENT IN RIKERS, HELD FOR JUST $500 BAIL. WHEN I SEE
THESE NUMBERS, I THINK ABOUT ALL THE POWERFUL, YET FORGOTTEN, TRANS
WOMEN WHO CONTINUE TO SUFFER THANKS TO LAWS LIKE THIS.
SO TODAY'S REPEAL CERTAINLY MARKS A HISTORIC MOMENT,
ALTHOUGH IT SHOULDN'T BE. FROM THE FIRST BRICK DURING STONEWALL TO THE
LAST CRY FOR JUSTICE AT THIS SUMMER'S PROTEST FOR BLACK AND BROWN LIVES,
OUR TRANS SISTERS AND BROTHERS, OUR QUEER COMMUNITY HAVE ALWAYS STOOD
UP FOR PROGRESS. THEY HAVE ALWAYS STOOD UP AGAINST INJUSTICE. THEY
HAVE ALWAYS STOOD UP FOR ALL OF US IN THIS STATE AND IN THIS NATION, EVEN
AS THEY ENDURE DISREGARD IN OUR LAWS AND THE OFTEN FATAL CRUELTY OF OUR
INACTION.
THIS IS A STEP IN THE LONG, YET NECESSARY, MARCH TOWARD
PROTECTING AND UPLIFTING TRANS AND QUEER PEOPLE, THAT'S WHY I'M PROUD
TO JOIN MY COLLEAGUES IN THIS BODY SUPPORTING THE PASSAGE OF THE
WALKING WHILE TRANS BILL AND DOING OUR PART, ALTHOUGH THERE IS MORE
WORK TO BE DONE, IN STANDING UP FOR THE LGBTQ COMMUNITY. THANK
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NYS ASSEMBLY FEBRUARY 2, 2021
YOU TO THE BILL'S SPONSOR, TO MY COLLEAGUES, TO THE INCREDIBLE ADVOCATES
AND ACTIVISTS WHO FOUGHT SO TIRELY -- TIRELESSLY FOR US TO MEET THIS DAY,
AND I PROUDLY SUPPORT THIS BILL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MISS -- MS. CRUZ.
MS. CRUZ: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. CRUZ: I HAVE THE HONOR OF REPRESENTING JACKSON
HEIGHTS AND CORONA, TWO NEIGHBORHOODS THAT ARE HOME TO MEMBERS OF
OUR LGBTQ COMMUNITY. WE ARE ALSO HOME TO THE LARGEST TRANS LATINA
COMMUNITY IN OUR STATE AND POSSIBLY IN OUR COUNTRY. MANY FLED THEIR
HOMES -- HOME COUNTRIES IN SEARCH OF FREEDOM TO LIVE AS THEY ARE.
TODAY IS A BIG DAY FOR US. TODAY WE GET TO PASS A LAW THAT WILL FORGE A
PATH FOR MANY TO BE ABLE TO HAVE THE FREEDOM TO WALK THE STREETS OF OUR
COMMUNITY WITHOUT FEAR OF AN ARREST. I STAND BEFORE YOU TODAY IN ORDER
TO DISCUSS THE REAL-LIFE IMPACT OF PENAL LAW 240.37 AND WHAT IT HAS
MEANT TO OUR COMMUNITIES AND THE PEOPLE THAT I REPRESENT. THIS LAW,
COLLOQUIALLY KNOWN AS LOITERING FOR THE PURPOSES OF ENGAGING IN
PROSTITUTION. WHILE THE LIFESTYLE RAISES QUESTIONS OF HOW LAW
ENFORCEMENT IS CAPABLE OF DETERMINING WHO IS ACTUALLY LOITERING FOR THE
PURPOSES OF PROSTITUTION BY ONLY LOOKING AT THEM VERSUS WHO IS SIMPLY
LOITERING FOR THE PURPOSES OF JUST BEING THERE. LET'S LOOK AT HOW IT IS
EXECUTED AND UTILIZED BY LAW ENFORCEMENT AND HOW IT HAS ACTUALLY
AFFECTED DISPROPORTIONATELY MEMBERS OF OUR TRANSGENDER COMMUNITY.
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NYS ASSEMBLY FEBRUARY 2, 2021
OFFENSES AGAINST PUBLIC ORDER. THAT'S WHERE THIS LAW IS AT IN THE PENAL
CODE. SOME OF MY COLLEAGUES HERE ARGUE THAT WE NEED THIS LAW FOR THE
PUBLIC GOOD. SO LET'S TALK ABOUT THE PUBLIC GOOD FOR A SECOND, AND LET'S
TALK ABOUT WHAT IT MEANS FOR THE TRANSGENDER POPULATION.
APPROXIMATELY 6.7 PERCENT OF THE GENERAL POPULATION OF THE UNITED
STATES SUFFERS FROM DEPRESSION. EIGHTEEN PERCENT GRAPPLE WITH SOME
SORT -- SORT OF ANXIETY DISORDER. HOWEVER, NEARLY HALF OF ALL INDIVIDUALS
WHO IDENTIFY AS TRANSGENDER EXPERIENCE THESE ISSUES. WHAT'S MORE,
OVER 41 PERCENT OF TRANS MEN AND WOMEN ARE ESTIMATED TO HAVE
ATTEMPTED SUICIDE, A RATE THAT IS NEARLY NINE TIMES AS HIGH AS CISGENDER
AMERICANS. SO WHAT WE HAVE IS A POPULATION THAT IS ALREADY
MARGINALIZED, ALREADY STRUGGLING, ALL FOR SIMPLY WANTING TO LIVE FREELY
AS WHO THEY ARE. IF WE REALLY WANT TO TALK ABOUT THE PUBLIC GOOD, LET'S
TALK ABOUT REINVESTING THE MONEY WE WASTE ON LAW ENFORCEMENT
TARGETING AN ALREADY MARGINALIZED COMMUNITY AND START FUNDING
PROGRAMS FOR THE TRANS COMMUNITY TO PROTECT THEIR RIGHTS IN THE
WORKPLACE, TO PROTECT THEM IN THE STREETS, TO ENSURE THEY HAVE ACCESS TO
LIFE-SAVING HEALTHCARE. INSTEAD, MANY OF OUR COLLEAGUES WANT TO ARGUE
IN FAVOR OF A LAW THAT HAS DONE NOTHING BUT HURT PEOPLE WHO ARE ALREADY
VULNERABLE. IN OCTOBER 2012, MAKE THE ROAD AND THE ANTIVIOLENCE
PROGRAM RELEASED A STUDY CALLED TRANSGRESSIVE POLICING: POLICE ABUSE
IN THE LGBTQ COMMUNITY IN JACKSON HEIGHTS AND THEIR INTERACTION
WITH POLICE. IT TALKED TO APPROXIMATELY 300 PEOPLE WHO RESPONDED AND
SHARED HOW THEY HAD BEEN AFFECTED BY THEIR INTERACTIONS WITH POLICE.
MAKE THE ROAD'S RESEARCH FOUND THAT LGBTQ RESPONDENTS WERE MORE
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NYS ASSEMBLY FEBRUARY 2, 2021
LIKELY TO BE STOPPED BY POLICE OFFICERS IN JACKSON HEIGHTS, AND THEY
WERE ALSO MORE LIKELY TO BE HARASSED BY POLICE OFFICERS WHEN THEY WERE
STOPPED. WHEN ASKED IF THEY HAD EXPERIENCED VERBAL OR PHYSICAL
HARASSMENT BY POLICE, 33 PERCENT OF NON-LGBTQ RESPONDENTS SAID THAT
THEY HAD BEEN HARASSED IN SOME SORT OF FORM BY THE POLICE. BY
COMPARISON, 51 PERCENT OF LGBTQ RESPONDENTS WHO HAD BEEN STOPPED
BY POLICE INDICATED THAT THEY HAD EXPERIENCED POLICE HARASSMENT.
MEANWHILE, TRANSGENDER RESPONDENTS EXPERIENCED THE HIGHEST AMOUNT
OF HARASSMENT WITH 61 PERCENT OF THOSE RESPONDING STATING THAT THEY
HAD BEEN HARASSED BY POLICE.
SO I WANT TO READ A FEW REAL-LIFE EXAMPLES OF WHAT THIS
LAW LOOKS LIKE WHEN IT'S BEING APPLIED TO MY NEIGHBORS, TO MY
COMMUNITY. AND THESE ARE STORIES TAKEN DIRECTLY FROM THAT RESEARCH
PROJECT. LAST WEEK I WENT OUT DANCING TO A SMALL CLUB IN -- ON
ROOSEVELT AVENUE. AFTER HAVING A GOOD TIME AND FEELING READY TO GO
HOME, I CONTACTED MY FRIENDS AND WE WALKED OVER TO A SMALL TAQUERIA
ON OUR WAY HOME. WE MET UP AT THE TAQUERIA AFTER A NIGHT OUT, WHICH
WAS OUR ROUTINE. WHILE ON MY WAY TO THE TAQUERIA I WAS APPROACHED
BY A DARK-COLORED CAR DRIVEN BY A MIDDLE-AGED MALE. AS THE MALE
PULLED ALONG SIDE ME, HE SAID SOMETHING I COULDN'T HEAR PROPERLY. AND
AS I DID NOT HEAR WHAT THE MALE WAS SAYING, I INCHED A LITTLE CLOSER TO
HIS VEHICLE AND HE REPEATED, "WHY ARE YOU SO BEAUTIFUL, YET ALONE?"
BEFORE I KNEW IT, TWO UNDERCOVER POLICE OFFICERS JUMPED OUT OF A VAN
THAT WAS PARKED ALONGSIDE THE STREET AND TOLD ME THAT I WAS UNDER
ARREST. WHEN I ASKED THE OFFICERS WHY THEY WERE ARRESTING ME, THEY
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NYS ASSEMBLY FEBRUARY 2, 2021
TOLD ME THAT I WAS ENGAGING IN PROSTITUTION. THEY CUFFED ME, AND THE
OFFICERS QUESTIONED ME FURTHER. THEY TOOK MY PURSE AWAY FROM ME AND
PLACED ME IN AN UNMARKED VAN. ALTHOUGH I HAD NOTHING ON ME AND DID
NOTHING WRONG, THEY STILL TOOK ME, TRANSFERRED ME INTO ANOTHER POLICE
VAN FILLED WITH ABOUT A DOZEN TRANS WOMEN AND TOOK US DOWN TO THE
115TH PRECINCT WHERE WE WERE FINGERPRINTED, WRITTEN UP AND LATER
TRANSFERRED TO CENTRAL BOOKING. MY EXPERIENCE IN THE HOLDING CELL AT
CENTRAL BOOKING WAS TERRIBLE. I WAS HUMILIATED INSIDE THE HOLDING CELL
BY THE GUARDS AND THE MEN WHO OCCUPIED THE CELL WITH ME. TEARS
STREAMED DOWN MY FACE FOR THE FIRST TIME BECAUSE I WAS ENCOURAGING
THE DAILY HARASSMENT THAT MANY TRANS WOMEN EXPERIENCE WHILE WALKING
HOME.
ANOTHER EXAMPLE. ONE NIGHT I WAS WALKING HOME
WITH MY BOYFRIEND AFTER A CLUB IN QUEENS. AROUND 4 A.M. WE LEFT THE
CLUB TOGETHER AND WE WERE WALKING HOME. WE WERE WALKING NEXT TO
EACH OTHER, AND AT ONE POINT AN UNDERCOVER POLICE VAN STOPPED NEXT TO
US. EIGHT UNDERCOVER COPS GOT OUT FROM THE VAN AND SOME THREW ME
AGAINST THE WALL. WHILE THEY WERE HANDCUFFING ME, MY BOYFRIEND WAS
ALSO THROWN AGAINST THE WALL AND FRISKED. THEY TOLD ME THAT I WAS
GETTING ARRESTED FOR SEX WORK. I TOLD THEM THAT IT WAS NOTHING LIKE THAT.
AFTER THEY FRISKED MY BOYFRIEND THEY FOUND THREE CONDOMS. AFTER
SEEING THE CONDOMS THEY ASKED IF I WAS SURE THAT I WAS NOT WORKING. I
TOLD THEM THAT I WAS WITH MY BOYFRIEND, AND THEY SAID HE WAS NOT MY
BOYFRIEND. I TOLD THEM -- I TOLD THE FEMALE COP TO LET -- TO HELP ME, AND
I WAS NOT DOING ANYTHING WRONG. SHE SAID SHE COULDN'T HELP ME. MY
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BOYFRIEND CAME TO THE 110TH PRECINCT WHERE I WAS HELD, AND SPOKE TO
THE CAPTAIN AND TRIED TO EXPLAIN THAT HE WAS, IN FACT, MY BOYFRIEND. BUT
THE CAPTAIN SAID HE COULDN'T DO ANYTHING, AND I WAS TAKEN TO COURT AND
ACCUSED OF SEX WORK.
ONE WINTER NIGHT I WENT OUT WITH MY GIRLFRIENDS AND
WE WERE WALKING HOME FROM FRIEND'S TAVERN ON 76TH STREET AND
ROOSEVELT. WE NOTICED THAT A POLICE CAR WAS FOLLOWING US. WE KNEW
WHAT THEY WERE DOING, THAT THEY WERE GOING TO ARREST US, AND WE KEPT
ON WALKING FASTER. THERE WAS A POINT WHERE WE BECAME SO SCARED AND
STARTED TO RUN, AND TWO MALE POLICE OFFICERS CAME AFTER US WITH A LONG
WOODEN BATON. THEY THREW IT AT OUR FEET AND THEY ARRESTED ME. IN THE
RUN, I LOST MY SHOES. IT WAS VERY COLD THAT NIGHT. I WAS DETAINED ALL
NIGHT WITHOUT SHOES IN THE COLD. THEY WOULD LAUGH AT ME AND MY
FRIENDS. WE FELT HUMILIATED. THEY HAVE NO RESPECT TOWARDS
TRANSGENDER WOMEN. I WAS CHARGED WITH PROSTITUTION JUST BECAUSE I
WAS WALKING ON THE STREET.
THESE ARE JUST SOME OF THE MANY STORIES OF WHAT CAN
ONLY BE DESCRIBED AS GOVERNMENT-SANCTIONED TARGETING AND PROFILING.
MUCH OF THE ARGUMENTS HERE IN FAVOR OF IT HAVE BEEN VEILED UNDER THE
IDEA THAT WE'RE TRYING TO HELP TRAFFICKING VICTIMS. BUT THEY'RE ACTUALLY
ABOUT PROTECTING THE QUALITY OF LIFE OF FOLKS WHO DON'T WANT PEOPLE THAT
LOOK DIFFERENT IN THEIR NEIGHBORHOOD. SOME -- SOMEONE WALKING HOME
IN A SUIT AT 4 A.M., JUST LIKE I AM RIGHT NOW, VERSUS SOMEONE WALKING
HOME AT 4 A.M. WITH A SKIRT. THAT'S THE DIFFERENCE WE HAVE WITH THIS
BILL. WE'RE ASKING POLICE OFFICERS TO LOOK AND MAKE A DETERMINATION
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SIMPLY BY WHAT THEY'RE SEEING, AND WE'RE TELLING PEOPLE THAT HOW YOU
LOOK AND HOW YOU DRESS SHOULD BE A CRIME. THE TIME HAS COME TO
ERASE THIS ARCHAIC LAW FROM OUR BOOKS. SOME OF OUR COLLEAGUES ARGUE
THAT THIS LAW IS ABOUT LAW AND ORDER. THAT IT'S LAW AND ORDER, TOO, THAT IT
ALLOWS OFFICERS TO COMBAT HUMAN TRAFFICKING, AND I'M HERE TO TELL YOU IT
DOES NOT. IN MY PAST LIFE I WORKED INVESTIGATING LABOR AND SEX
TRAFFICKING. I CAN TELL YOU THAT THIS LAW DOES VERY LITTLE TO REALLY DEAL
WITH THE ISSUE. AND THE LITTLE THAT IT DOES, DOES NOT JUSTIFY TURNING
SOMEONE'S LIFE UPSIDE DOWN. AND I WANT TO TELL YOU ABOUT ONE OF MY
DEAR FRIENDS THAT'S BEEN AFFECTED BY THIS. MY FRIEND CECILIA GENTILE.
SHE'S A BEAUTIFUL TRANSGENDER LATINA, AN ACTIVIST AND SOMEONE WHO WAS
PERSONALLY AFFECTED. IN 2009 SHE WAS WALKING HOME FROM THE STORE.
SHE WAS GOING TO GO BUY COOKIES. AND THE COPS STOPPED HER AND THEY
ARRESTED HER AND SHE WAS SENT TO RIKERS ISLAND. CECILIA WAS
UNDOCUMENTED AT THAT TIME, AND SHE WAS TURNED OVER TO ICE. CECILIA,
WHO IDENTIFIES AND DRESSES AND LOOKS LIKE A WOMAN, WAS SENT TO A
DETENTION CENTER IN (UNINTELLIGIBLE), WHERE SHE WAS PLACED WITH MEN
WHO BEAT HER SO BADLY SHE ALMOST DIED. AND THEN WHEN SHE WAS
MOVED TO THE CELL WITH THE WOMEN, THE WOMEN CLAIMED TO BE SO AFRAID
OF HER THAT SHE WAS THEN PUT INTO SOLITARY CONFINEMENT. AND SHE WAS SO
DEPRESSED WHILE SHE WAS IN SOLITARY CONFINEMENT SHE OFTEN
CONTEMPLATED SUICIDE.
THESE ARRESTS HAVE LEFT TRANSGENDER INDIVIDUALS WITH
UNNECESSARY CRIMINAL RECORDS, VULNERABLE TO DEPORTATION OR ACTUALLY
DEPORTED, WITH PHYSICAL AND MENTAL SCARS. AND IT IS WORSE WITH SUICIDE
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IDEATIONS WITH ACTUAL ATTEMPTS OR DEAD, AS IN THE CASE OF
(UNINTELLIGIBLE).
THIS VOTE MEANS THE WORLD TO MY FRIEND CECILIA,
ELIZABETH, JESSICA, CANDII, LIAM AND SO MANY OTHER WOMEN OF COLOR --
TRANSGENDER WOMEN OF COLOR WHO HAVE BEEN FIGHTING FOR THE CHANCE TO
SIMPLY EXIST. WHO'VE BEEN HARASSED AND ABUSED BY OUR SYSTEM, AND
EVEN ARRESTED TRYING TO WALK HOME BECAUSE OF HOW THEY LOOK AND
BECAUSE THEY FIT A CONCERN PROFILE.
I WANT TO THANK THE SPONSOR OF THE BILL AND ALL OF THE
ADVOCATES FOR NEVER STOPPING THEIR FIGHT TO PRESERVE DIGNITY, THE HONOR
AND THE MEMORY OF OUR TRANS COMMUNITY. TODAY I CAST MY VOTE IN
HONOR OF LORENA BORJAS, THE MOTHER OF THE TRANS LATINA COMMUNITY
WHO PASSED AWAY LAST MARCH 30, 2020 OF COVID. SHE WAS A
CONSTITUENT, A FRIEND AND A FIERCE FIGHTER. SHE SPENT HER CAREER HELPING
OUR TRANS LATINA COMMUNITY REBUILD THEIR LIVES AFTER ARRESTS. MANY
ARRESTS WERE FALSE, AND MANY BECAUSE OF THIS LAW. SHE WOULD HELP HER
CHICAS GET RESOURCES TO EXERCISE THEIR RIGHTS TO BE WHO THEY ARE. LORENA
MADE SURE THAT THEY HAD EVERYTHING FROM FOOD TO HOUSING TO CLOTHING TO
LEGAL SERVICES AND EVEN CONDOMS. LORENA HELPED ESTABLISHED THE
LORENA BORJAS FUND IN ORDER TO HELP MORE THAN 100 OF OUR TRANS
COMMUNITY MEMBERS WITH THEIR LEGAL ISSUES, MANY FACING DEPORTATION.
SHE WAS A FORCE OF NATURE. HER HUMOR, HER LOVE AND HER RESILIENCY IS
MISSED EVERY DAY IN OUR NEIGHBORHOOD. SHE WAS MY FRIEND. AND IN
HER HONOR, I'M PROUD TO VOTE YES TODAY.
ACTING SPEAKER AUBRY: MR. BURDICK.
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MR. BURDICK: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. BURDICK: I WISH TO THANK AMY PAULIN, THE
SPONSOR, FOR HER COURAGE AND LEADERSHIP. THE PROPOSED REPEAL SHOULD
NOT BE DISMISSED AS A MATTER OF, QUOTE, "LAW ENFORCEMENT PROCEDURES."
AS A MEMBER OF THE MINORITY HAS ASSERTED, THE LAW ITSELF IS NOT VALID,
SO LAW ENFORCEMENT PROCEDURES ARE NOT A RELEVANT CONSIDERATION. IF THE
UNDERLYING LAW IS NOT VALID, IT SHOULD BE REPEALED. IF THE UNDERLYING
LAW VIOLATES PUBLIC POLICY, IT SHOULD BE REPEALED. IF THE UNDERLYING LAW
HAS BEEN USED TO PROFILE THE TRANS COMMUNITY, WOMEN AND PEOPLE OF
COLOR, IT SHOULD BE REPEALED. IF THE UNDERLYING LAW IS A TOOL TO HARASS,
THE LAW SHOULD BE REPEALED. IF THE LAW TRAMPLES FIRST AMERICAN RIGHTS,
IT SHOULD BE REPEALED. IT SHOULD NOT BE A CRIME FOR WHAT YOU LOOK LIKE.
IT SHOULD NOT BE A CRIME FOR WHAT ONE IS WEARING. AND YES, THIS IS
ABOUT THE QUALITY OF LIFE. IT IS ABOUT THE QUALITY OF LIFE FOR THOSE WHO
HAVE BEEN VICTIMIZED BY THE LAW.
I'M PROUD TO VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. ANDERSON.
MR. ANDERSON: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ANDERSON: THANK YOU. TODAY, MR. SPEAKER,
I'M VOICING MY SUPPORT FOR THE REPEAL OF THE WALKING WHILE TRANS BAN.
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AND BECAUSE VIOLENCE AGAINST BLACK AND BROWN TRANS WOMEN IS A
SCOURGE ON OUR SOCIETY AND HAS EVEN BEEN DESCRIBED AS A PANDEMIC
WITHIN A PANDEMIC, MR. SPEAKER. JUST OVER 85 PERCENT OF INDIVIDUALS
ARRESTED, MR. SPEAKER, UNDER SECTION 240.37 OF THIS -- OF THE PENAL
CODE BETWEEN 2012 AND 2015 WERE BLACK AND LATINX. IT'S IMPORTANT
FOR ME TO ADVOCATE ON BEHALF OF MY CONSTITUENTS HERE IN THE 31ST
ASSEMBLY DISTRICT THAT ARE NEGATIVELY IMPACTED BY THIS STATUTE. TIFFANY
JADE MONROE IS AN IMMIGRANT, AN ASYLEE, AND A WOMAN OF TRANS
EXPERIENCE FROM THE NATION OF GUYANA. SHE CAME TO NEW YORK
SEEKING FREEDOM, MR. SPEAKER, AND LIBERATION. SHE FOUND COMFORT AND
HOPE FOR A BETTER FUTURE THROUGH DRESSING IN MORE AFFIRMING CLOTHES AND
HAVE ACCESS TO HEALTHCARE AND IMMIGRATION RESOURCES THROUGH HER
AFFILIATION WITH A GROUP THAT'S DOING TREMENDOUS WORK IN MY DISTRICT,
THE CARIBBEAN EQUALITY PROJECT. MR. SPEAKER, I WOULD LIKE TO
RECOGNIZE THE AMAZING ORGANIZATION SUCH AS THE CARIBBEAN EQUALITY
PROJECT WHO PROVIDE SAFE AND SECURE SUPPORT FOR MANY BLACK AND
BROWN TRANS WOMEN ACROSS THIS BOROUGH, ACROSS THE CITY, AND WE
THANK THEM. IN THE WORDS OF MISS -- MISS MONROE, THE COVID-19
PANDEMIC HAS DISPROPORTIONATELY IMPACTED BLACK AND BROWN
IMMIGRANT COMMUNITIES, INCLUDING ASYLUM SEEKERS AND REFUGEES. WE
NEED A DESIGNATED ALLOCATION OF INCREASED FUNDING TOWARDS FOOD,
HOUSING AND OTHER NECESSARY RESOURCES. MISS -- MISS MONROE SAYS,
I'M FEARFUL THAT ONE DAY IN MY WORK IN MY COMMUNITY ORGANIZING, I
COULD BE ARRESTED AND PUT IN JAIL. AND ANY ARREST IN THIS COUNTRY CAN
NEGATIVELY IMPACT MY IMMIGRATION STATUS. SHE ASKED ME TO SHARE THAT
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TODAY. AND BY REPEALING THIS LAW, MR. SPEAKER, THIS BAN, THIS SECTION
OF THE PENAL CODE, IT'S A STEP IN THE RIGHT DIRECTION OF RECONCILIATION
AMENDING OF VIOLENT STATE PRACTICES AGAINST BLACK AND BROWN TRANS
FOLK, BECAUSE THEIR LIVES MATTER.
SO I URGE MY COLLEAGUES ACROSS THE AISLE TO NOT ATTACK
MY COLLEAGUES WHO HAVE THE COURAGE TO STAND HERE TODAY, TO SPEAK
WHERE THEY ARE, TO STAND UP AGAINST DISCRIMINATION, TO STAND UP AGAINST
FEAR AND TO STAND UP TO ENDING PAIN. I'D ALSO URGE MY COLLEAGUES ACROSS
THE AISLE THAT THE WAR -- THE -- THE --- THE PERIOD, THE CRIME ERA IS OVER.
AND THIS IS A STATUTE FROM THE TOUGH-ON-CRIME ERA, AND THAT PERIOD IS
OVER. AND WE CANNOT ALLOW, MR. SPEAKER, A STATUTE TO CONTINUE TO EXIST
ON THE BOOKS THAT PERPETUATES DISCRIMINATION, FEAR -- AND FEAR.
I'D LIKE TO THANK MY COLLEAGUE ASSEMBLYWOMAN
PAULINE -- PAULIN FOR INTRODUCING THIS BILL. I'D LIKE TO THANK MY FELLOW
COLLEAGUES WHO COSPONSORED THIS VERY IMPORTANT BILL, AND THE
THOUSANDS OF ACTIVISTS AND ADVOCATES WHO PUT THEIR LIVES ON THE LINE
AND PUT THEIR BLOOD, SWEAT AND TEARS TO GET US TO THIS MOMENT TODAY.
MR. SPEAKER, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: THANK YOU.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. GIGLIO: SO, IN SUFFOLK COUNTY IN 2018,
SUFFOLK COUNTY DISTRICT ATTORNEY TIM SINI AND SUFFOLK POLICE JOINED
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WITH THE FBI AND LAUNCHED THE HUMAN TRAFFICKING INVESTIGATION UNIT
TO HELP COMBAT THE PROBLEM. LAW ENFORCEMENT IS TRAINED TO RECOGNIZE
VICTIMS AND TREAT THEM AS VICTIMS. VICTIMS OF CRIMINALS -- VICTIMS OF
CRIMES RATHER THAN CRIMINALS THEMSELVES. THE PURPOSE IS TO INVESTIGATE
AND PROSECUTE HUMAN TRAFFICKERS. HERE WE ARE, FEBRUARY 2ND, 2021.
JANUARY WAS NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION
MONTH. SAFE HOUSING SHOULD BE A PRIORITY. SEX TRAFFICKERS TARGET
CERTAIN POPULATIONS. EXPERTS CONNECT DRUGS AND ADDICTION WITH
SERVICES FOR SEX. OPIOID ADDICTIONS FUEL HUMAN TRAFFICKING ON LONG
ISLAND. TREATMENT NEEDS TO BE THREE-FOLD: TREATMENT, ENFORCEMENT AND
AWARENESS. WE ALL AGREE, APPEARANCE, RACE AND GENDER SHOULD NOT BE A
CONSIDERATION IN TRYING TO PREVENT HUMAN SEX TRAFFICKING. VICTIMS WHO
ARE CHARGED ARE DIVERTED FROM REGULAR PROSECUTION IN SUFFOLK COUNTY.
THEY'RE PUT INTO A DEDICATED HUMAN TRAFFICKING COURT. THE COURT
DIVERSION PROGRAM OFFERS VICTIMS COUNSELING, DRUG TREATMENT AND DRUG
TRAINING. ONCE THE PROGRAM IS COMPLETED, THE CHARGES ARE DISMISSED.
VICTIMS ARE A VERY IMPORTANT RESOURCE FOR OFFICERS IN ORDER TO IDENTIFY
AND STOP DRUG TRAFFICKING. QUESTIONS NEED TO BE ASKED IN ORDER TO
DETERMINE IF SOMEONE NEEDS HELP. IN SPEAKING TO A REPRESENTATIVE IN
THE SUFFOLK COUNTY DISTRICT ATTORNEY'S OFFICE, OUT OF 65,000 CASES
PROSECUTED WITHIN A YEAR, FEW WERE CHARGED WITH 240.37. BUT THOSE
FEW COULD HAVE SAVED LIVES. IN SPEAKING TO OFFICERS, IT GAVE THEM AN
OPPORTUNITY TO HAVE A CONVERSATION WITH SOMEONE THAT MAY HAVE BEEN
ARRESTED BEFORE OR THAT THEY KNOW NEEDS -- NEEDS HELP. IF CHARGED, IT
WAS BECAUSE OF OTHER VIOLATIONS OF THE PENAL CODE, AND WE HOPE THAT
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THOSE PEOPLE GET HELP. AND THIS 240.37 IS A MECHANISM THAT EVEN
THOUGH IT'S RARELY USED, IT'S USED FEW -- IT WAS USED A FEW TIMES.
SO I THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THE
BILL, AND I WILL BE VOTING IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. NIOU.
MS. NIOU: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO JUST SPEAK ON THE BILL FOR A LITTLE BIT. BUT IF IT'S ALL RIGHT WITH YOU,
MAY I ASK TO SPEAK WITH THE SPONSOR FOR A LITTLE BIT?
ACTING SPEAKER AUBRY: WILL THE SPONSOR
YIELD?
MS. PAULIN: I WILL. THANK YOU.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. NIOU: THANK YOU. THANK YOU SO MUCH FOR, YOU
KNOW, SEEING THIS PIECE OF LEGISLATION THROUGH. I HAD A QUESTION FOR
YOU. WOULD YOU CONSIDER THIS ORIGINAL LAW A PROFILING LAW?
MS. PAULIN: IN 1970 -- I'M SORRY, 1976 WHEN THIS
WAS ENACTED I THINK IT WAS A DIFFERENT TIME, A DIFFERENT PLACE, A DIFFERENT
MINDSET, AND THERE WERE -- THERE WERE WOMEN WHO WERE DRESSED IN
CLOWN CLOTHING WALKING AROUND TIMES SQUARE AT A TIME WHEN WE KNEW
THE DEMOCRATIC CONVENTION WAS COMING TO MADISON SQUARE GARDEN.
AND THE CITY OFFICIALS AT THAT TIME WANTED TO, IN QUOTES, "CLEAN UP THE
STREETS", SWEEP THE STREETS OF WHAT THEY THOUGHT WAS IMMORAL BEHAVIOR
SO THAT WHEN OTHERS FROM AROUND THE COUNTRY CAME AND WENT TO PLAYS
AND SHOWS AND BARS, THE -- THE IMAGE THAT THEY LEFT WITH WHICH -- WOULD
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BE MORE POSITIVE. SO I DON'T THINK THE ORIGINAL INTENT WAS TO, IN QUOTE,
"TO PROFILE." I THINK THE ORIGINAL INTENT WERE THE -- WERE THE MINDSET OF
THOSE WHO WERE ENACTING THAT LAW WASN'T TO DISCRIMINATE. BUT WE
KNOW MORE NOW, YOU KNOW, AND WE KNOW THAT THAT'S EXACTLY WHAT --
WHAT HAPPENED. WE KNOW THAT SWEEPING THE STREET MEANS YOU'RE
SWEEPING IT FROM PEOPLE WHO ARE PARTICIPATING IN -- IN POTENTIALLY
GETTING A HOT DOG. POTENTIALLY GOING TO THE GROCERY STORE AND BUYING
MILK. POTENTIALLY HAILING A CAB. YOU KNOW, WE'RE SWEEPING THE STREET
BECAUSE WE DON'T LOOK -- LIKE WHAT WE ARE LOOKING AT, AND THAT IS
PROFILING. AND SO, WE NOW HAVE -- WE DIDN'T USE THE WORD IN 1976.
WE NOW KNOW WHAT THAT WORD MEANS AND WHAT THIS LAW HAS DONE.
MS. NIOU: SO DOES THIS -- SO BECAUSE, YOU KNOW, A
COUPLE OF MY COLLEAGUES HAVE SAID THIS, BUT DOES THIS BILL AND -- WELL,
DOES THE ORIGINAL LAW -- I'LL PUT IT THIS WAY, DOES THE ORIGINAL LAW AFFECT
BLACK, INDIGENOUS AND PEOPLE OF COLOR DISPROPORTIONATELY?
MS. PAULIN: IT'S DOES -- IT DOES NOW. IN 2018
DCJS REPORTED THAT 91 PERCENT OF THOSE ARRESTS THAT WERE MADE UNDER
THIS STATUTE, 240.37, WERE BLACK AND -- AND LATINO.
MS. NIOU: DOES IT ALSO DISPROPORTIONATELY AFFECT THE
LGBTQ COMMUNITY?
MS. PAULIN: IT -- I DON'T HAVE THE NUMBERS
SPECIFICALLY FOR TRANSGENDER ARRESTS, BUT IT'S -- MY UNDERSTANDING IS THAT
IT'S PRIMARILY TRANSGENDER. THE ESTIMATES ARE ABOUT 75 PERCENT. BUT
THERE'S NO -- NOTHING WRITTEN IN THE DATA THAT I HAVE. THAT'S JUST FROM
WHAT I'VE GLEANED FROM NEWSPAPER ARTICLES AND OTHER STUDIES THAT HAVE
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BEEN DONE. BUT -- SO WE KNOW THAT THERE'S A DISPROPORTIONATE. EVEN IF
IT'S 50 PERCENT THAT'S QUITE A LOT. WE DO KNOW THAT 80 PERCENT OF 2018
DATA - THE LAST TIME WE'VE REALLY BROKEN IT DOWN THAT WAY, BECAUSE IN
2019 AND '20 THERE WAS VERY LITTLE DATA - THAT THE -- THAT IT WAS MOSTLY
WOMEN. IT WAS 80 PERCENT WOMEN. SO IT'S A -- IT'S A FEMALE STOP AND
FRISK. THAT'S WHAT -- WHAT IT HAS BECOME.
MS. NIOU: THAT'S AN INTERESTING PHRASING OF IT,
RIGHT? FEMALE STOP AND FRISK. SO, I ALSO HAVE ONE MORE QUESTION,
WHICH IS, YOU KNOW, YOU HAD MENTIONED, YOU KNOW, HAILING A CAB,
CATCHING A BUS. WE HAD HEARD FROM ANOTHER COLLEAGUE EARLIER ABOUT,
YOU KNOW, HOW CERTAIN ACTIONS, YOU KNOW, ARE, YOU KNOW, DESCRIBED
WITHIN THE -- THE LEGAL DETERMINATION OF WHAT LOITERING LOOKS LIKE, RIGHT?
WHAT DOES WAITING FOR THE BUS OR, YOU KNOW, HAILING A CAB LOOK LIKE IN
NEW YORK CITY? COULD YOU DESCRIBE IT IN WORDS?
MS. PAULIN: WELL, I CAN TELL YOU WHAT IT LOOKS LIKE
IN WHITE PLAINS. WHEN I WAS MUCH YOUNGER THAN I AM NOW I WAS
STANDING ON A CORNER IN WHITE PLAINS WAITING FOR A FRIEND TO PICK ME
UP, AND IT WAS MAYBE IN A PROSTITUTION-PRONE NEIGHBORHOOD. I WASN'T
AWARE WHEN I -- WHEN I WAS STANDING THERE. I WAS COMING OUT OF A
WAKE, WAITING FOR A FRIEND. TWO CARS PASSED BY, SOLICITING ME. AND
THEN A THIRD WAS A COP CAR. A POLICE OFFICER SAID, WHAT ARE YOU DOING
STANDING ON THIS CORNER? HAVING NOTICED THAT, YOU KNOW, TWO PRIOR
CARS HAD STOPPED. I DON'T KNOW WHAT I WAS MORE AFRAID OF. AND SO I
DON'T KNOW WHAT IT LOOKS LIKE. I'VE CERTAINLY HAILED A CAB IN THE CITY. I
HAVE DONE -- I HAVE GONE SHOPPING IN THE CITY. BUT I HAD NEVER BEEN
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NYS ASSEMBLY FEBRUARY 2, 2021
STOPPED IN THE CITY. MAYBE BECAUSE I WAS WEARING A SUIT OR A DRESS
THAT MIGHT HAVE BEEN LONGER THAN WHEN I WAS IN MY 20'S. BUT I DO
KNOW WHAT IT FEELS LIKE WITH THE ASSUMPTION BEING THAT SOMEHOW A
YOUNG WOMAN STANDING THERE WITH A SKIRT ABOVE HER KNEES, WHICH WAS
THE FASHION AT THE TIME, MIGHT WARRANT GETTING ARRESTED. I KNOW WHAT
THAT FEELS LIKE, EVEN THOUGH I DIDN'T -- I DIDN'T GET ARRESTED. I WAS ABLE
TO TALK MYSELF OUT OF IT, BUT IT'S NOT A VERY GOOD FEELING.
MS. NIOU: THANK YOU FOR -- FOR ANSWERING MY
QUESTIONS.
AND ON THE BILL, MR. SPEAKER.
ACTING SPEAKER CRUZ: ON THE BILL.
MS. NIOU: THANK YOU FOR, YOU KNOW, HELPING US TO
BETTER UNDERSTAND THE EFFECTS OF THIS BILL AND WHAT REPEALING THE LAW
THAT IS CURRENTLY IN STATUTE WOULD ACTUALLY MEAN FOR SO MANY OF OUR
COMMUNITIES, FOR SO MANY WOMEN AND FOR THE LGBTQ COMMUNITY AND
FOR FOLKS WHO ARE MARGINALIZED. LET'S BE VERY REAL. THIS BILL NEEDS TO
PASS BECAUSE IT IS A REPEAL OF A LAW THAT HAS PROVEN TO PROFILE. PROFILE
BY GENDER. PROFILE BY RACE AND ETHNICITY. PROFILE BY SEXUAL ORIENTATION
AND PROFILING PEOPLE FOR JUST WHAT THEY LOOK LIKE AND WHAT THEY'RE
WEARING. AND THERE'S -- THERE'S NOTHING DIFFERENT FROM HAILING A CAB
THAN ANYTHING THAT'S DESCRIBED IN HOW SOMEBODY COULD BE QUOTE,
UNQUOTE, LOITERING IN NEW YORK CITY. AND I -- AND I THINK THAT IT IS A
VERY CLEAR MANDATE THAT THIS IS -- THIS IS A LONG OVERDUE BILL, ACTUALLY.
AND I THINK THAT, YOU KNOW, I HAVE SEEN PERSONALLY AND FIRSTHAND THE
HARM THAT THIS CURRENT LAW HAS CAUSED TO SO MANY PEOPLE. WHEN FOLKS
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NYS ASSEMBLY FEBRUARY 2, 2021
GO TO JAIL, WHEN FOLKS ARE ARRESTED, YOU KNOW, THERE ARE HUGE
REPERCUSSIONS. YOU KNOW, IF -- IF FOLKS ARE TAKEN TO JAIL, YOU KNOW,
THEY MIGHT MISS THE NEXT DAY'S WORK. THEY MIGHT LOSE THEIR JOB. THEY
MIGHT, YOU KNOW, LOSE CUSTODY OF THEIR CHILDREN. THEY MIGHT HAVE
FINES AND FEES AND SURCHARGES CHARGED TO THEM THAT COULD PUT THEM INTO
DEBT FOR THE REST OF THEIR LIFE. THESE ARE VERY LARGE CONSEQUENCES FOR --
FOR SOMEBODY'S OPINION OF WHAT SOMEBODY LOOKS LIKE. AND I THINK THAT
IT'S REALLY IMPORTANT THAT WE TAKE INTO ACCOUNT THE HARM THAT THIS LAW
HAS CAUSED AND THE GOOD THAT PASSING THIS BILL TO REPEAL THIS LAW WOULD
DO. AND SO I JUST WANTED TO SAY, YOU KNOW, ONE OF THE THINGS THAT I
WAS REALLY MOVED BY WAS ANOTHER ONE OF MY COLLEAGUES TELLING THE
STORIES FROM THE WORDS FROM THE PEOPLE WHO WERE AFFECTED BY THIS
PIECE OF -- THIS -- THIS LAW BEING ON THE BOOKS. AND I THOUGHT THAT, YOU
KNOW, IT'S -- IT'S SO COMMON AND SO FREQUENT THAT FOLKS ARE ACTUALLY
AFFECTED BY PROFILING IN OUR STATUTES AND THE CRIMINALIZATION AND -- AND
PERSECUTION OF POVERTY AND THE MARGINALIZATION OF OUR COMMUNITIES
JUST BECAUSE OF LOOKING DIFFERENT. I THINK THAT, YOU KNOW, IT WAS REALLY
-- IT -- IT'S SO FREQUENT THAT IT HAPPENS WHEN I'M WALKING DOWN THE STREET
AND I SEE THAT, OH, HEY YOU KNOW, SO DOWNTOWN THERE'S A LOT OF CLUBS
AND I SEE THAT THERE'S A CLUB THAT'S, LIKE, LETTING OUT AND PEOPLE ARE
COMING IN AND OUT. AND THERE'S THIS BEAUTIFUL GIRL WHO WALKS OUT OF A
CLUB WHO, YOU KNOW, WAS WAITING FOR THE BUS AND WAS JUST, YOU KNOW,
COMING OUT OF CHINA CHALET AND, YOU KNOW, WAS WAITING FOR THE BUS
STOP RIGHT IN FRONT OF THE CHINA CHALET AND DIDN'T EVEN TAKE SIX STEPS
AND A COP CAR CAME AND ARRESTED HER. RIGHT THEN AND THERE. AND I WAS
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NYS ASSEMBLY FEBRUARY 2, 2021
WALKING BY AND I -- I WAS COMING FROM AN EVENT AT 250 AND I WAS
WALKING DOWN THE STREET AND I WATCHED IT HAPPEN. I WAS LIKE, WHAT IS
GOING ON? WHY IS SHE BEING ARRESTED? SHE LITERALLY JUST CAME FROM
THAT CLUB. I WATCHED IT HAPPEN. AND THEY SAID THAT SHE WAS LOITERING
AND THAT IT WAS FOR PROSTITUTION. IT WAS THIS EXACT STATUTE. SO THERE WAS
ABSOLUTELY NOTHING TO INDICATE THAT SHE WAS TRYING TO PERFORM ANY SEX
WORK. SHE WAS LITERALLY JUST LEAVING THE CLUB. BUT THESE WERE
ASSUMPTIONS THAT WERE MADE BASED OFF OF HOW SHE WAS DRESSED AND
WHERE SHE WAS COMING FROM AND BECAUSE SHE WAS TRANSGENDER. SO I
THINK THAT THIS IS A VERY IMPORTANT LAW AND THIS IS A VERY HISTORIC
MOMENT. AND ONE THAT IS LONG OVERDUE BECAUSE WE SHOULD NOT ALLOW
PROFILING IN ANY FORM IN OUR STATUTES AND -- AND WE SHOULD BE
DISMANTLING ALL OF THE THINGS THAT CAN ACTUALLY MAKE IT SO THAT FOLKS ARE
BEING DISCRIMINATED AGAINST JUST BASED OFF OF HOW THEY LOOK.
SO THANK YOU SO MUCH, AND THANK YOU FOR OUR
SPONSORS AND ALL OF THE SURVIVORS AND ACTIVISTS AND ADVOCATES WHO HAVE
TOLD THEIR STORIES, WHO HAVE LIVED THIS AND HAVE HAD TO SUFFER THE
CONSEQUENCES OF OUR UNFAIR AND UNJUST AND HORRIFYING PROFILING LAWS.
THANK YOU.
ACTING SPEAKER CRUZ: MS. SIMON.
MS. SIMON: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER CRUZ: ON THE BILL.
MS. SIMON: THANK YOU. YOU KNOW, IT'S 2021 AND
THERE'S NO REASON THAT PEOPLE SHOULD STILL BE PROFILED AND POLICED BASED
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ON HOW THEY LOOK OR DRESS. THIS LOITERING LAW WAS PASSED IN 1976,
ALLOWING OFFICERS TO APPREHEND ANYBODY THEY SUSPECTED OF ENGAGING IN
PROSTITUTION. NOT THOSE WHO WERE ACTUALLY ENGAGED IN OR SOLICITING
CUSTOMERS FOR PURPOSES OF PROSTITUTION; THAT'S ANOTHER LAW. THUS, THE
POLICE WERE ABLE TO ARREST AN INDIVIDUAL, MOST OFTEN WOMEN, ESPECIALLY
TRANS WOMEN OF COLOR, WITHOUT ANY PROOF OF INTENT OR ENGAGEMENT IN
OTHERWISE CRIMINAL ACTIVITY. UNDER THIS LAW, SIMPLY BEING SEEMS TO
HAVE CONSTITUTED PROOF OF INTENT. WOMEN HAVE BEEN ARRESTED SIMPLY
FOR WALKING HOME, FOR STANDING ALONE, TALKING WITH FRIENDS, BECAUSE
UNDER THIS LAW MERELY STANDING OUTSIDE YOUR OWN APARTMENT COULD
CONSTITUTE LOITERING ACTIVITY AND LEAD TO AN ARREST. THIS IS INSANE.
MOREOVER, UNSURPRISINGLY, THE ENFORCEMENT OF THIS LAW HAS TARGETED THE
SAME MARGINALIZED GROUPS THAT ARE AT HIGHER RISK FOR SEX TRAFFICKING AND
OTHER FORMS OF EXPLOITATION. IN 1976 THE LAW MADE HAVE HAD WHAT THEY
BELIEVED TO BE BENIGN INTENTIONS, BUT THE PATH TO HELL WAS PAVED WITH
GOOD INTENTIONS, AND THE LAW OF UNINTENDED CONSEQUENCES HAS CLEARLY
DEMONSTRATED THAT WHATEVER WAS INTENDED OR UNDERSTOOD IN 1976 IS NOT
HOW THIS LAW HAS BEEN IMPLEMENTED. INSTEAD, COUNTLESS TRANSGENDER
WOMEN OF COLOR, PARTICULARLY THOSE OF COLOR, HAVE BEEN DETAINED,
HARASSED AND FALSELY ACCUSED UNDER THIS ARCHAIC LAW. SO IT NEEDS TO BE
CLEARLY SAID THAT WHAT WE REPEAL TODAY IS LOITERING FOR THE PURPOSE OF
ENGAGING IN A PROSTITUTION OFFENSE. NOT ENGAGING IN A PROSTITUTION
OFFENSE. THE OPPOSITION FAILS TO ACKNOWLEDGE THIS VERY CLEAR STATUTORY
LANGUAGE. IT IS SO CLEAR AND SO CLEARLY UNJUSTLY IMPLEMENTED, THAT THE
DISTRICT ATTORNEYS ASSOCIATION OF THE STATE OF NEW YORK, WHICH IS
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HARDLY A FAR-LEFT LIBERAL ORGANIZATION, SUPPORTS ITS REPEAL. BECAUSE OVER
TIME, THE STATUTE HAS COME TO BE USED IN WAYS THAT WRONGFULLY PROFILE
PEOPLE AND EVEN LEAD TO THEIR ARREST BASED ON NOTHING MORE THAN GENDER
EXPRESSION OR APPEARANCE.
I WANT TO COMMEND THE SPONSOR FOR HER DOGGED
PERSISTENCE IN BRINGING THIS BILL TO THE FLOOR, AND I WANT TO THANK THE
MANY ADVOCATES IN THE LGBTQ COMMUNITY AND THEIR ALLIES FOR RAISING
THE PUBLIC'S RECOGNITION OF THE MANIFEST UNJUSTNESS OF PENAL LAW
SECTION 240.37, THE WALKING WHILE TRANS BAN. ITS REPEAL WILL NOT
UNDERMINE PUBLIC SAFETY, IT WILL IMPROVE THE PUBLIC SAFETY. IT WILL
ALLOW OUR CONSTITUENTS WHO HAVE BEEN TOO LONG VICTIMIZED TO BREATHE
FREELY, TO WALK FREELY, TO FREELY BE THEMSELVES. REPEALING THIS LAW WILL
TELL OUR CONSTITUENTS THAT WE SEE THEM, THAT WE STAND WITH THEM AND THAT
NEW YORK WILL NOT TOLERATE THEIR FURTHER VICTIMIZATION.
I'M HONORED TO BE VOTING IN THE AFFIRMATIVE ON THIS
BILL. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MAMDANI.
MR. MAMDANI: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MAMDANI: IN MY ONE MONTH HERE IN THE
ASSEMBLY I'VE VOTED FOR BILLS WITH A RANGE OF EMOTIONS. SOME
RELUCTANTLY, DOING SO WITH THE KNOWLEDGE THAT IT IS A COMPROMISE PIECE
OF LEGISLATION AND YET STILL A SUBSTANTIAL IMPROVEMENT UPON THE STATUS
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QUO. BUT SOME I HAVE SIMPLY BEEN CONTENT. A TECHNICAL PIECE OF
LEGISLATION THAT AMENDS A CODE OR INTRODUCES ADDITIONAL GUIDING
LANGUAGE. TODAY, HOWEVER, I VOTE ON THIS BILL WITH URGENCY, WITH
ENTHUSIASM, WITH CONVICTION AND WITH PRIDE. I VOTE AS MY FELLOW
INCOMING COLLEAGUE FROM QUEENS STATED, TO HONOR THE WORK OF THE
ADVOCATES AND ORGANIZERS WHO HAVE BROUGHT THIS DAY FORWARD. I VOTE
FOR TS CANDII, A BLACK TRANS WOMAN WHO ON A SUMMER AFTERNOON IN
2017 WAS SMOKING OUTSIDE HER APARTMENT WHEN A POLICE OFFICER
APPROACHED HER. HE THREATENED TO ARREST HER UNDER THIS VERY SECTION,
240.37. SHE SAID SHE WAS NOT ENGAGING IN PROSTITUTION. HE ASKED HER,
HOW ABOUT YOU WORK WITH US, THEN, TO HELP US IDENTIFY DRUG DEALERS
AND SEX WORKERS IN THE NEIGHBORHOOD? HE OFFERED $1,500. SHE
REFUSED. AGAIN, THE OFFICER TOLD HER HE'D BOOK HER ON PROSTITUTION
UNLESS SHE PERFORMED ORAL SEX ON HIM. SHE COMPLIED. SHE HAS
SIMILARLY RECEIVED CITATIONS FOR CONDOMS IN HER BAG AND FOR FLAGGING
DOWN A RIDE-SHARE. IN OTHER WORDS, FOR THE ACT OF EXISTENCE.
I VOTE FOR NORMA, A TRANS WOMAN OF COLOR WHO SEVERAL
YEARS AGO WAS STOPPED BY THE POLICE UNDER THIS SECTION FOR THE CRIME OF
WALKING WITH HER BOYFRIEND. THE POLICE DID NOT BELIEVE THAT THEY WERE
A COUPLE EVEN AFTER SHE SHOWED THEM THEIR RESPECTIVE TATTOOS OF EACH
OTHER'S NAMES. THE POLICE THEN ARRESTED HER FOR, QUOTE, "LOITERING WITH
THE INTENT FOR PROSTITUTION." AND SHE SAID, AND I QUOTE, "THAT REPEATED
HARASSMENT AND CRUEL INTERACTIONS WITH THE POLICE OFTEN MADE ME AFRAID
TO LEAVE MY HOUSE OR EVEN WALK IN MY NEIGHBORHOOD."
I VOTE FOR RAQUEL, A 23-YEAR-OLD TRANS WOMAN WHO
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WAS APPROACHED REPEATEDLY BY AN UNDERCOVER POLICE OFFICER WHO ASKED
HER AGAIN AND AGAIN IF SHE WAS WORKING. SHE TOLD HIM NO. HE ASKED
HER WHAT $20 COULD GET HIM. SHE WALKED AWAY. AS SHE SAYS, NEXT
THING YOU KNOW, I'M IN HANDCUFFS.
I VOTE FOR EVERY TRANS WOMAN THAT HAS EVER FACED
POLICE HARASSMENT AS A RESULT OF THIS LAW AND FOR EVERY TRANS WOMAN
WHOSE DIGNITY HAS EVER BEEN TAKEN FROM THEM BY OUR CARCERAL STATE.
AND AS IT IS ALWAYS THE CASE WITH THE CARCERAL STATE, IT IS BLACK AND
LATINX PEOPLE WHO ARE MOST TARGETED. IN 2018, 91 PERCENT OF PEOPLE
ARRESTED UNDER THIS STATUTE WERE BLACK AND LATINX. EIGHTY PERCENT
IDENTIFIED AS WOMEN. IN THAT SAME YEAR, AS MY COLLEAGUES HAVE NOTED,
THERE WAS A 120 PERCENT INCREASE IN ARRESTS UNDER THIS STATUTE WITH 47
PERCENT OF ALL ARRESTS HAPPENING IN MY BOROUGH OF QUEENS.
ADDITIONALLY, I WOULD LIKE TO RESPOND TO SOME OF THE
STATEMENTS OF MY COLLEAGUES WHOM, AS PER YOUR REQUEST, MR. SPEAKER, I
WILL NOT NAME DIRECTLY. FIRST, MY COLLEAGUE FROM STATEN ISLAND CITED
THE NUMBER OF 9-1-1 CALLS AS AN INDICATION OF THE COMMUNITY'S CONCERN.
I WOULD LIKE TO CITE MANY OF OUR INCOMING MEMBERS ELECTORAL VICTORIES,
MYSELF INCLUDED, AS AN INDICATION OF THE COMMUNITY'S THOUGHTS ON THIS
MATTER. WE PROUDLY RAN ON THE REPEAL OF THIS LAW AND MADE IT A CENTRAL
PIECE OF OUR PLATFORMS. WE ARE PROUD TO REPRESENT OUR DISTRICTS, AND
OUR VOTES SHOULD BE UNDERSTOOD AS REPRESENTATION OF OUR VERY
COMMUNITY'S CONCERNS, MORE SO THAN A COLLECTION OF PHONE CALLS.
ADDITIONALLY, WHAT IS IMPACTING THE QUALITY OF LIFE IN OUR
NEIGHBORHOODS IS NOT THE IMPENDING REPEAL OF THIS SECTION OF THE LAW, IT
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IS THE CUTTING OF BASIC SERVICES ACROSS OUR CITY AND STATE IN THE NAME OF
AUSTERITY. OUR STREETS ARE NOT DIRTY BECAUSE OF SEX WORKERS, OUR STREETS
ARE DIRTY BECAUSE OUR CITY AND STATE HAS SYSTEMATICALLY BEEN CUTTING THE
BUDGET OF OUR BROTHERS, SISTERS AND FAMILY BEYOND THE BINARY IN OUR
SANITATION DEPARTMENT.
SECOND, MY COLLEAGUE FROM UPSTATE REMARKED THAT,
AND I QUOTE, "I DON'T UNDERSTAND HOW SOMEONE WOULD NOT WANT A POLICE
OFFICER NEAR THEM." AN INABILITY TO UNDERSTAND THAT DESIRE SPEAKS TO
HOW SO MANY IN OUR COUNTRY, A NUMBER WHICH SADLY AND CLEARLY
INCLUDES SOME OF OUR COLLEAGUES, WAKE UP EVERY MORNING AND ACTIVELY
CHOOSE TO LOOK PAST THE VIOLENCE THAT DEFINES POLICING, THEREBY LOOKING
PAST THE REALITY THAT SO MANY ACROSS OUR NATION FACE AND FEAR,
PARTICULARLY FOR BLACK AND BROWN PEOPLE. IT WAS ONLY ON FRIDAY THAT A
POLICE OFFICER IN ROCHESTER PEPPER-SPRAYED A NINE-YEAR-OLD GIRL. IF YOU
CANNOT UNDERSTAND THIS, IT IS NOT BECAUSE OF A LACK OF EVIDENCE, BUT
BECAUSE OF AN ACTIVE AND REPEATED CHOICE.
THIRD, WHILE THIS BILL DOES NOT DECRIMINALIZE SEX WORK,
I WOULD LIKE TO REGISTER MY SUPPORT FOR SUCH LEGISLATION. MY EAGERNESS
FOR THAT DEBATE AND FOR MY FUNDAMENTAL BELIEF THAT SEX WORK IS WORK.
LASTLY, I WANT TO ACKNOWLEDGE MY COLLEAGUES WHO
HAVE FOUGHT LONG AND HARD FOR THIS REPEAL, AND TO THE SPONSOR OF THIS
BILL FOR HER LEADERSHIP. I AND MY CONSTITUENTS THANK YOU.
MR. SPEAKER, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: THANK YOU.
MS. ROSENTHAL.
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MS. ROSENTHAL: THANK YOU. THANK YOU, MR.
SPEAKER. I -- I RISE TO SPEAK ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL.
MS. ROSENTHAL: FIRST OFF, I WOULD LIKE TO THANK
THE ASSEMBLY SPONSOR WHO HAS BEEN TENACIOUS AND NEVER GIVES UP
WHEN IT COMES TO GETTING THIS BILL THROUGH OUR HOUSE. AND I COMMEND
HER FOR -- FOR DOING THAT. I ALSO COMMEND THE ADVOCATES AND THE
ACTIVISTS AND THE VICTIMS UNDER THIS LAW ALSO, FOR BEING OUT THERE AND
STATING THEIR TRUTH AND MAKING THE LEGISLATURE FACE WHAT IS WRONG IN
OUR LAWS. SO, YOU KNOW, THE WORLD IS A FUNNY PLACE, AND IN SOME PARTS
THERE -- WE'RE MAKING BABY STEPS TOWARDS ACCEPTING PEOPLE WHO THEY
ARE, AS THEY ARE, INCLUDING THEM IN OUR SOCIETY. JUST RECENTLY PRESIDENT
JOE BIDEN NOMINATED DR. RACHEL LEVINE TO BE ASSISTANT SECRETARY OF
HEALTH. SHE WOULD BE THE FIRST OPENLY TRANSGENDER FEDERAL OFFICIAL TO
BE CONFIRMED BY THE SENATE. AND THEN WE HAVE THIS LAW HERE IN NEW
YORK STATE. I AM IN COMPLETE SUPPORT OF REPEALING THE WALKING WHILE
TRANS BAN, AND YOU HAVE HEARD FROM COLLEAGUES IN -- ON BOTH SIDES OF
THE -- OF THE AISLE WHY IT'S SUCH A HURTFUL AND PERNICIOUS LAW. WE KNOW
THAT TIME AND TIME AGAIN, TRANS WOMEN AND GENDER-NONCONFORMING
PEOPLE AND PEOPLE OF COLOR HAVE BEEN THE TARGETS OF TOO MUCH POLICE
ENFORCEMENT, OF DISCRIMINATION, OF HATRED BY THOSE WHO DON'T ACCEPT
THEM OR UNDERSTAND THEM. BUT THIS IS NOT ABOUT PEOPLE'S REACTION TO
PEOPLE WHO ACT THE WAY THEY ARE, WHO DRESS THE WAY THEY FEEL LIKE, FOR
WALKING ON STREETS THAT THEY WANT TO WALK ON. THAT'S NOT FOR US TO
DECIDE, AND IT IS ALSO NOT FOR LAW ENFORCEMENT TO LOOK AT SOMEONE IN A
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TIGHT DRESS OR A SHORT SKIRT AND SAY, I KNOW WHY YOU'RE HERE. YOU'RE
HERE TO SOLICIT FOR PURPOSES OF PROSTITUTION. HOW CAN YOU ACTUALLY
DETERMINE THAT JUST BY LOOKING AT SOMEONE? AND THAT IS THE NATURE OF
RACIAL PROFILING, TRANSGENDER PROFILING. THERE IS NO SCIENCE BEHIND THE
PROFILING. IT IS SIMPLY A BIAS OF THE INDIVIDUAL WHO IS DOING IT. AND THE
CONSEQUENCES FOR TRANS WOMEN AND OTHERS IS THAT THEY COULD GET
ENTANGLED IN THE CRIMINAL LEGAL SYSTEM WHICH COULD RUIN THEIR LIVES, AND
THEY HAVE DONE NOTHING THAT WOULD OCCASION AN ARREST. FORTY-NINE
PERCENT OF PEOPLE ARRESTED UNDER THE STATUTE IN 2018 WERE BLACK AND 42
PERCENT WERE LATINA.
YOU KNOW, IT'S TIME FOR OUR STATE TO ACTUALLY MEET ITS
PROMISE. THE STATE WHERE ANYONE CAN ACHIEVE. THE GOLDEN LAND
WHERE IF YOU COME TO NEW YORK YOU CAN FULFILL YOUR LIFE'S DREAM. IT'S
REALLY NOT THAT, AND WE SEE IT EVERY SINGLE DAY. SO WHAT WE'RE GOING TO
DO TODAY IS BEND THE ARC OF THE MORAL UNIVERSE A LITTLE BIT CLOSER TOWARD
JUSTICE. WE'RE GOING TO REPEAL THE WALKING WHILE TRANS BAN AND GIVE
PEOPLE, NO MATTER THEIR GENDER IDENTITY, NO MATTER THEIR COLOR, NO MATTER
WHAT THEY'RE WEARING, THE FREEDOM TO BE WHO THEY ARE IN THE STREETS OF
NEW YORK.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. LAVINE.
MR. LAVINE: THANK YOU, MR. SPEAKER. ON THE BILL.
I WANT TO MENTION JUST THREE THINGS. FIRST, I WANT TO TRY TO CORRECT THE
RECORD. I KNOW THAT THERE HAS BEEN SOME DISCUSSION DURING THE COURSE
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OF THIS DEBATE ABOUT THE DESIRE OF THE LOCAL POLICE TO WANT TO HELP SEX
WORKERS AND OFFER THEM COOPERATION SO THAT THEY CAN IN TURN THEN TESTIFY
AGAINST WHOEVER IS HIGHER UP IN THE -- IN THE CHAIN OF, QUOTE, UNQUOTE,
"ILLEGAL ACTIVITIES." BUT AS A LAWYER WHO PRACTICED EXTENSIVELY IN OUR
FEDERAL COURTS AND AS A LAWYER WHO HAD A SPECIALITY OF REPRESENTING
COOPERATORS, BOTH OF SIGNIFICANCE ON THE NATIONAL AND THE INTERNATIONAL
LEVEL, I WANT TO SAY THAT THERE IS NO PRACTICAL WAY FOR LOCAL POLICE
OFFICERS TO BE ABLE TO ENGAGE IN THE SORT OF INTERACTION WITH SEX WORKERS
WHO CAN PROTECT THEM AS THEY TESTIFY AGAINST WHOEVER THE POLICE AND
THE DISTRICT ATTORNEYS WANT THEM TO TESTIFY. IT IS DIFFICULT ENOUGH TO DO
THIS ON THE FEDERAL LEVEL WITH ALL THE WHEREWITHAL THAT THE FEDERAL
GOVERNMENT HAS IN TERMS OF MONEY WITH WHICH TO SUPPORT COOPERATORS.
IT IS PRACTICALLY IMPOSSIBLE TO DO THIS ON THE LOCAL LEVEL. THIS IS NOT THE
FAULT OF POLICE OFFICERS. MOST POLICE OFFICERS I KNOW GO INTO IT BECAUSE
THEY WANT TO MAKE LIFE BETTER FOR THEIR COMMUNITIES. BUT THAT SORT OF
STUFF JUST DOESN'T HAPPEN.
SECONDLY, I WANT TO JUST TALK BRIEFLY ABOUT WHAT NEW
YORK WAS LIKE IN THE MID-1970S. I KNOW ONE OF MY COLLEAGUES HAS
REFERRED TO 240.37 AS BEING AN ARCHAIC LAW, AND I GUESS THAT'S TRUE. BUT
I MUST BE PRETTY ARCHAIC MYSELF IF I CAN REMEMBER NEW YORK AT THE
TIME 240.37 WAS ENACTED. AND WE HAVE TO REMEMBER WHAT THE
ATMOSPHERE WAS LIKE, ESPECIALLY IN NEW YORK CITY. THE CITY WAS ON
THE VERGE OF ECONOMIC COLLAPSE. THE CITY WAS GETTING NO HELP
WHATSOEVER FROM THE FEDERAL GOVERNMENT. AS A MATTER OF FACT, ONE OF
THE HEADLINES IN OUR GREAT TABLOIDS WAS PRESIDENT FORD TO CITY: DROP
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DEAD. THAT'S THE WAY IT WAS. AND THE CITY ITSELF LAID OFF THOUSANDS OF
WORKERS AND THOUSANDS, MANY THOUSANDS OF NEW YORK CITY RESIDENTS
LEFT THE CITY. IT WAS A TIME OF SADNESS. IT WAS A TIME OF PARANOIA. SO
LET ME JUST DESCRIBE MY INDIVIDUAL EXPERIENCE WITH PEOPLE CHARGED
WITH LOITERING UNDER 240.37. IN 1976 AND EARLY '77 I WAS A PUBLIC
DEFENDER WITH THE LEGAL AID SOCIETY OF THE CITY OF NEW YORK. NO
SOONER WAS THIS LAW WHICH WAS SO OVERLY BROAD AND AT THE SAME TIME
SO VAGUE ENACTED THEN POLICE OFFICERS BEGAN TO CONDUCT SWEEPS.
SWEEPS MEANING THE ARRESTS OF LARGE NUMBERS OF PEOPLE AT ONE TIME,
AND THEN THEY WOULD BRING THEM INTO COURT, CHARGED UNDER 240.37 FOR
PROCESSING. AND I REMEMBER ONE NIGHT, LATE -- IT WAS IN THE MORNING,
EARLY IN THE MORNING, 2, 3:00 IN THE MORNING, GROUPS, LARGE GROUPS OF
PEOPLE BEING BROUGHT INTO THE QUEENS CRIMINAL COURT. AND THE JUDGE
ON -- ON THAT EVENING, WHO HAPPENED BE TO A VERY, VERY GOOD JUDGE,
WAS JUST EXHAUSTED. AND SO THEY WOULD BRING IN GROUPS OF PEOPLE,
OFFER THEM A DEAL FOR A PLEA TO A VIOLATION OF LAW INSTEAD OF THE
MISDEMEANOR, AND MOST OF THEM WOULD TAKE IT AND THEY'D GET A FINE AND
THE JUDGE WOULD SENTENCE THEM. BUT THE JUDGE WAS SO EXHAUSTED THAT
FOR THE LAST FEW LARGE GROUPS OF PEOPLE, THEY DIDN'T EVEN PLEAD GUILTY.
THE JUDGE JUST BROUGHT THEM OUT AND SENTENCED THEM AND THEY LEFT. SO
THAT'S WHAT LIFE WAS LIKE IN NEW YORK CITY, AND THAT'S A LITTLE SLICE OF
LIFE THE WAY IT WAS IN THE QUEENS CRIMINAL COURT AT ABOUT 2 OR 3:00 IN
THE MORNING.
FINALLY, I WANT TO THANK THE SPONSOR. THIS IS
SOMETHING WE SHOULD HAVE DONE LONG, LONG AGO. ANY TIME WE ENACT
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LAWS THAT ARE OVERLY BROAD, LAWS THAT ARE VAGUE, WE ALLOW THOSE LAWS,
THOSE STATUES -- STATUTES TO SERVE AS A VEHICLE FOR ARRESTS WHICH MAY NOT
ENTIRELY BE JUSTIFIED. SO I THINK THAT'S SOMETHING FOR US TO KEEP IN
MIND. AGAIN, THANKS TO THE SPONSOR, AND I ONLY REGRET WE DID NOT DO
THIS LONG AGO. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MS. GALLAGHER.
MS. GALLAGHER: THANK YOU, SPEAKER. I'D LIKE TO
SPEAK ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. GALLAGHER: MR. SPEAKER, I AM PROUD TO
STAND WITH ADVOCATES FROM ACROSS OUR STATE, MY ASSEMBLY COLLEAGUES
HERE TODAY, AND GENERATIONS OF TRANS ACTIVISTS OF COLOR TO CALL FOR THE
FULL AND IMMEDIATE REPEAL OF THE WALKING WHILE TRANS BAN. OUR STATE
IS FINALLY STARTING TO RECOGNIZE THE PROUD HISTORY OF THE TRANS
COMMUNITY. HERE IN MY DISTRICT, EAST RIVER STATE PARK WAS RECENTLY
RENAMED AFTER MARSHA P. JOHNSON, A BRAVE AND BRILLIANT BLACK QUEER
LIBERATION ACTIVIST WHO FOUGHT AGAINST POLICE HARASSMENT AND BRUTALITY
IN THE YEARS BEFORE THE -- BEFORE AND AFTER THE WALKING WHILE TRANS
BAN. I AM SO EXCITED AND PROUD OF THIS REDEDICATION. BUT IT WILL BE
MERE LIP SERVICE AND RING HOLLOW AS A TRIBUTE IF A LAW REMAINS ON THE
BOOKS THAT CRIMINALIZES THE VERY EXISTENCE OF TRANS PEOPLE TO LIVE AND
BREATHE IN PUBLIC.
IN 2015, THE NATIONAL CENTER FOR TRANSGENDER EQUITY
CONDUCTED A SURVEY. THE RESULTS WERE NOT SURPRISING. A SIGNIFICANT
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MAJORITY OF TRANS PEOPLE SAID THEY WERE AFRAID TO INTERACT WITH THE
POLICE. AFRAID THAT A CALL FOR HELP WOULD RESULT IN PROFILING, HARASSMENT
AND INCARCERATION. AND THESE FEARS ARE SADLY WARRANTED. TRANSGENDER
PEOPLE ARE SEVEN TIMES MORE LIKELY TO EXPERIENCE PHYSICAL VIOLENCE
WHEN INTERACTING WITH THE POLICE COMPARED TO CISGENDER SURVIVORS AND
VICTIMS. IN JAIL AND IN PRISONS, TRANSGENDER FOLKS ARE FIVE TIMES MORE
LIKELY TO BE SEXUALLY ASSAULTED BY STAFF AND OTHER PRISONERS. THEY ARE
DENIED MEDICAL CARE AND PUT INTO SOLITARY CONFINEMENT AT MUCH HIGHER
RATES. THIS DOESN'T EVEN GET INTO THE HIGHER RATES OF HOMELESSNESS,
SEXUAL VIOLENCE AND WORKPLACE DISCRIMINATION THAT TRANS FOLKS STILL
ENCOUNTER EVERY DAY IN THIS COUNTRY. THIS REPEAL DOES NOT ADDRESS ALL
OF THOSE PROBLEMS. IT IS A FIRST STEP, BUT IT IS A PROFOUNDLY NECESSARY
ONE. THIS STATE CANNOT CONTINUE TO CRIMINALIZE TRANS PEOPLE SIMPLY FOR
EXISTING IN PUBLIC.
I'D LIKE TO THANK THE SPONSOR OF THIS BILL. I'M PROUD TO
COSPONSOR THIS BILL, AND I VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. EPSTEIN.
MR. EPSTEIN: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. EPSTEIN: THANK YOU. I WANT TO APPLAUD THE
SPONSOR AND ALL OF THE ADVOCATES WHO'VE GOTTEN US TO THIS POINT.
TRANSGENDER PEOPLE ARE SEXUAL SURVIVORS. SOCIETY IS VIOLENT TO THEM
ALMOST EVERY DAY. LET'S BE CLEAR THAT THE SYSTEM WAS DESIGNED THIS
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WAY. DESIGNED TO ARREST LOW-INCOME PEOPLE OF COLOR, DESIGNED TO
ARREST STREET ACTIVITY, NOT HIGH-INCOME CRIMES. THEY'RE DESIGNED TO
MAINTAIN A SYSTEM OF POWER TO KEEP THOSE WHITE WEALTHY LANDOWNERS
SAFE. THIS IS A STEP TO CLAW BACK THIS ISSUE. THE LAW IS RACIST. IT
JUSTIFIES OVER-POLICING IN TRANSGENDER COMMUNITIES AND COMMUNITIES OF
COLOR. I'M A PROUD COSPONSOR OF REPEAL THE WALKING WHILE TRANS LAW.
WE SHOULD LISTEN TO OUR BLACK AND LATINA TRANS WOMEN WHO HAVE TOLD
US EXPLICITLY THEY'VE BEEN TARGETED FOR LAW ENFORCEMENT UNDER THIS --
UNDER THIS LAW. AS A LEGISLATURE WE REPRESENT ALL CONSTITUENTS IN OUR
DISTRICT, INCLUDING AND ESPECIALLY BLACK AND TRANS WOMEN OF COLOR. IF
YOU'RE NOT TAKING ACTION TO ADDRESS THIS DISCRIMINATORY LAW, YOU'RE NOT
SERVING AS AN ALLY TO THE LGBTQI+ COMMUNITY, NEW YORKERS WHO'VE
BEEN VIOLATED FOR SO MANY YEARS. AS A STATE LEGISLATOR, I'M BOUND TO
RESPOND TO THOSE NEEDS OF PEOPLE IN MY DISTRICT AND AROUND THE STATE,
AND VOTING TO REPEAL THE WALKING WHILE TRANS LAW IS JUST DOING THAT. I
WANT TO THANK TSI [SIC] CANDII, (UNINTELLIGIBLE) GARCIA, ALL THE
ADVOCATES AND SPONSORS THAT LED US TO THIS MOMENT. LET'S BE REMINDED,
NOT EVERYONE FEELS THE SAME WAY ABOUT THE POLICE AND HOW THEY
INTERACT WITH POLICE. CALLS TO 9-1-1 CAN BE USED AS A WEAPON. POLICE
CAN BE USED AS A WEAPON. AND UNDERSTANDING THAT WILL HELP US
UNDERSTAND OTHER PEOPLE'S STRUGGLES.
OUR JOB HERE IS TO RELATE TO OTHER PEOPLE ACROSS OUR
CITY, STATE AND OUR COUNTRY. REPEALING THIS BILL TAKES THAT STEP IN THE
RIGHT DIRECTION. I APPLAUD THE SPONSOR AND I'LL BE VOTING IN THE
AFFIRMATIVE.
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ACTING SPEAKER AUBRY: THANK YOU.
MS. FRONTUS.
MS. FRONTUS: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. FRONTUS: MR. SPEAKER, I RAISE MY VOICE TODAY
IN SOLIDARITY WITH MY COLLEAGUES AND THE TRANS ACTIVISTS AROUND THE
STATE OF NEW YORK. I APPLAUD TODAY'S HISTORIC VOTE TO REPEAL THE
WALKING WHILE TRANS BAN. TODAY'S VOTE WILL SEND A RESOUNDING
MESSAGE THAT WE CANNOT ALLOW STATE-SANCTIONED DISCRIMINATION AND
VIOLENCE. WE CANNOT PERSECUTE AND TRAUMATIZE TRANS MEMBERS OF COLOR
WHO ARE MINDING THEIR BUSINESS AND WALKING DOWN THE STREET SIMPLY
BECAUSE OF OUR OWN IGNORANCE AND BIASES AS A SOCIETY. TODAY WE SEND
A MESSAGE LOUD AND CLEAR THAT TRANS LIVES MATTER AND THAT PEOPLE SHOULD
BE ALLOWED TO LIVE AND LOVE FREELY. IN 2020 WE WITNESSED A SURGE OF
VIOLENCE AGAINST TRANSGENDER PEOPLE ACROSS THE UNITED STATES. IT
ACTUALLY EXCEEDED THE VIOLENCE IN PREVIOUS YEARS. ACCORDING TO THE
NATIONAL CENTER FOR TRANSGENDER EQUALITY, AND I QUOTE,“ TRANSGENDER
PEOPLE – AND PARTICULARLY BLACK AND LATINA TRANSGENDER WOMEN – ARE
MARGINALIZED, STIGMATIZED AND CRIMINALIZED IN OUR COUNTRY. THEY FACE
VIOLENCE EVERY DAY, AND THEY FEAR TURNING TO THE POLICE FOR HELP.”
RATHER THAN BEING RESPONSIBLE FOR CAUSING FEAR, TERROR, SHAME,
HUMILIATION TOWARDS THE TRANSGENDER COMMUNITY, WE NEED TO MAKE SURE
THAT WE PROTECT THEM AND THAT WE TREAT THEM EQUALLY UNDER THE LAW JUST
AS EVERY OTHER GROUP IN OUR SOCIETY DEMANDS.
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NYS ASSEMBLY FEBRUARY 2, 2021
TODAY WE ARE TAKING THE RIGHT STEP IN THAT DIRECTION
AND I AM PROUD TO BE A PART OF THIS HISTORIC MOMENT. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MS. SEPTIMO.
MS. SEPTIMO: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. SEPTIMO: IN NEW YORK WE'VE ALL HAD A
DIFFICULT YEAR THAT HAS FORCED US TO CONFRONT INJUSTICES THAT HAVE
PLAGUED OUR COMMUNITIES FOR DECADES. WE'VE SHARED EACH OTHER'S PAIN
THROUGH THE LOSS OF LOVED ONES AND THE TRAUMA THAT COMES WITH A
SUSTAINED GLOBAL PANDEMIC. BUT SO MANY OF US WILL NEVER UNDERSTAND
THE REALITY THAT IT IS FOR OUR TRANSGENDER BROTHERS AND SISTERS WHO IN
ADDITION TO DAILY ASSAULTS ON THEIR HUMANITY HAVE HAD TO CONSTANTLY LIVE
UNDER THE THREAT OF ARREST DUE TO THIS FLAWED STATUTE. AND I CALL IT
FLAWED BECAUSE AS WE'VE ALL HEARD TODAY, IT LEAVES TOO MUCH TO
DISCUSSION AND INTERPRETATION. BUT MORE IMPORTANTLY, IT IS FLAWED
BECAUSE IT HAS BEEN USED AS A TOOL OF DISCRIMINATION AND REPRESSION
AGAINST NEW YORKERS WHO ARE ENTITLED TO THE SAME PROTECTION, RESPECT
AND DIGNITY THAT WE EACH LIVE WITH EVERY DAY.
TO MY COLLEAGUES STANDING IN OPPOSITION, I AM VERY
DISAPPOINTED TO KNOW THAT AFTER THIS YEAR WHERE WE HAVE ALL HAD AN
OPPORTUNITY TO LEARN MORE ABOUT EACH OTHER'S STRUGGLES, AFTER HEARING
ABOUT ALL OF THE STATISTICS THAT DEMONSTRATE A CLEARLY IMBALANCED
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APPLICATION OF THIS LAW, AND AFTER HEARING THE STORIES OF TRAUMA AND
ABUSE, THAT YOU STILL BELIEVE THIS IS A LAW THAT WOULD DO WELL FOR OUR
STATE, AND THAT YOU USE THE GUISE OF LAW AND ORDER AS A SHIELD. I, LIKE
YOU, CARE ABOUT KEEPING THE RESIDENTS OF MY DISTRICT SAFE, AND I KNOW
THAT BY ALLOWING A LAW LIKE THIS TO CONTINUE, WE ARE MAKING OUR
COMMUNITIES LESS SAFE BY DEMONSTRATING THAT PROTECTION, EQUALITY AND
DIGNITY ARE MEANT FOR SOME AND NOT ALL. THAT IS SOMETHING THAT SIMPLY
CANNOT STAND. NEW YORK IS A STATE THAT NEEDS TO STAND FOR THE DIGNITY
OF ALL NEW YORKERS, ALL THE TIME, AND THIS -- THE REPEAL OF THIS DEEPLY
FLAWED STATUTE BRINGS US ONE STEP CLOSER TO REALIZING THIS REALITY FOR
EVERYONE.
THANK YOU TO THE SPONSOR, AMY PAULIN, FOR DEFENDING
THIS EFFORT WITH VIGOR, AND TO THE TRANSGENDER ADVOCATES WHOSE FIGHT
REMINDS US THAT WHEN WE FIGHT, WE WIN. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. RIVERA.
MR. J.D. RIVERA: THANK YOU, MR. SPEAKER. I HAVE
A QUESTION.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. J.D. RIVERA: THERE ARE A LOT OF THINGS THAT --
THAT URGE US TO SERVE AND TAKE ON THIS CALL TO -- TO JOIN LEGISLATIVE
BODIES LIKE THIS ONE. AND TODAY I'M REALLY REMINDED THAT WHAT GUIDES
ME TO DO THIS IS -- IS REALLY THE PURSUIT OF EQUITY AND OF JUSTICE. AND I
BELIEVE IN THE FACE OF INJUSTICE THAT WE ARE LEFT OPTIONLESS. IT'S OUR
RESPONSIBILITY TO DO WHAT IS RIGHT. AND SPEAKING FRANKLY, I'M NOT
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VOTING FOR THIS BECAUSE MY PHONE HAS BEEN RINGING OFF THE HOOK,
ENCOURAGING MY SUPPORT, AND I'M NOT VOTING FOR THIS BECAUSE IT'S
SOMETHING THAT TOUCHES MY LIFE DAILY. I'M VOTING FOR THIS BECAUSE IT
ERRS ON THE SIDE OF THE VOICELESS AND THE DISENFRANCHISED. ANY METHOD
OF GOVERNING THAT LEADS TO THE DRASTIC DISPROPORTIONATE TREATMENT OF
PEOPLE HAS TO BE CHANGED.
SO I WANT TO THANK THE SPONSOR, I WANT TO THANK MY
COLLEAGUES. I'M PROUD TO SERVE IN THIS BODY. I'M PROUD TO BE PART OF
THIS GROUP OF PEOPLE THAT ARE SERVING IN THIS TIME RIGHT NOW IN THIS STATE
AND IN THIS COUNTRY, AND I AM EAGER TO MAKE BOLD DECISIONS WITH THE
REST OF YOU. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. GOODELL: I -- I'VE APPRECIATED THE COMMENTS
OF MY COLLEAGUES ON BOTH SIDES OF THE AISLE AND I THINK THERE WERE A LOT
OF GREAT POINTS MADE. AND I AGREE WITH MANY OF THE SENTIMENTS THAT
HAVE BEEN EXPRESSED ON BOTH SIDES OF THE AISLE. I ABSOLUTELY AGREE THAT
NO ONE SHOULD BE PENALIZED FOR HOW THEY LOOK OR THE CLOTHES THEY WEAR
OR THE NEIGHBORHOOD THEY LIVE IN. NO ONE SHOULD EVER BE PENALIZED FOR
BEING OUTSIDE THEIR HOUSE OR LEAVING A CLUB OR GOING ABOUT THEIR
BUSINESS. YOU SHOULD BE FREE TO WALK IN NEW YORK STATE ANYWHERE,
REGARDLESS OF YOUR SEXUAL ORIENTATION OR YOUR RACE OR YOUR COLOR OR YOUR
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CREED. IF YOU'RE TRANSGENDER, THAT'S YOUR BUSINESS. IT SHOULD NOT AND IS
NOT ILLEGAL. AND I AM DEEPLY OFFENDED WHEN ANYONE IS PROFILED BASED
ON ANY OF THOSE FACTORS. AND AS A PRACTICING ATTORNEY FOR OVER 40 YEARS,
I RECOGNIZE THAT SOMETIMES DEFENDANTS ARE FALSELY ARRESTED. AND IF THE
ARREST IS MALICIOUS AND THERE'S AN ACQUITTAL, THERE'S A CIVIL CAUSE OF
ACTION THAT'S BEEN RECOGNIZED FOR HUNDREDS OF YEARS FOR FALSE ARREST OR
FALSE IMPRISONMENT OR MALICIOUS PROSECUTION. HAVING SAID THAT, I ALSO
THINK THAT MOST OF US AGREE THAT PROSTITUTION IS NOT A GREAT OCCUPATION. I
DON'T THINK ANY OF US WOULD RECOMMEND IT TO OUR DAUGHTERS OR OUR SONS
OR TO OUR FRIENDS AND NEIGHBORS. PROSTITUTION AT ITS CORE INVOLVES THE
OBJECTIFICATION OF WOMEN. IT'S DEMEANING. IT'S DANGEROUS. IT'S
UNHEALTHY. IT IS NOT AN OCCUPATION THAT LIFTS HUMANITY TO ITS HIGHER
IDEALS, BUT RATHER CATERS TO THE LOWEST COMMON DENOMINATOR. AS THE
SPONSOR NOTED, THIS LEGISLATION WAS INITIALLY ENACTED IN 1976 TO CLEAN UP
TIMES SQUARE. SADLY, TIMES SQUARE HAD A REPUTATION AROUND THE WORLD
AS BEING A PLACE WHERE THERE WAS A TREMENDOUS AMOUNT OF SOLICITATION
AND PROSTITUTION. AND PEOPLE WERE AVOIDING THE CITY. PEOPLE FROM
UPSTATE, PEOPLE FROM OTHER STATES WHO DON'T WANT TO GO AND SEE A SHOW
ON BROADWAY AND BE SOLICITED. AND SO IT WAS PART OF AN EFFORT TO
CHANGE THE CULTURE AND THE ATTITUDE OF NEW YORK CITY. AND IT WAS
SUCCESSFUL. AND MANY OF US HERE TAKE GREAT PRIDE IN THE FACT THAT NEW
YORK CITY WENT ON TO BECOME A SHINING EXAMPLE OF WHAT A GREAT CITY
CAN BE. WE SAW PLUMMETING CRIME. WE SAW PLUMMETING PROBLEMS ALL
ACROSS THE BOARD, AND NEW YORK CITY SAW A REVIVAL.
I'VE HEARD COMMENTS THAT THIS BILL REPEALS WALKING
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WHILE TRANS. BUT I REMIND MY COLLEAGUES THAT WHENEVER WE'RE VOTING
ON LEGISLATION, WE ACTUALLY HAVE TO LOOK AT THE WORDS. WE NEED TO LOOK
AT THE ACTUAL LANGUAGE OF THE STATUTE. AND THE STATUTORY LANGUAGE HAS
ONE WORD THAT'S REPEATED SO OFTEN IT'S -- I'VE NEVER SEEN A WORD REPEATED
SO OFTEN IN ONE SINGLE SENTENCE. AND THAT WORD, IRONICALLY, IS REPEATED.
THAT'S THE WORD. LET ME JUST READ YOU FROM SOME OF THE STATUTE. ANY
PERSON WHO REMAINS OR WANDERS ABOUT IN A PUBLIC PLACE AND WHO
REPEATEDLY BECKONS OR REPEATEDLY ATTEMPTS TO ENGAGE IN PASSERBYERS
[SIC] IN CONVERSATION OR REPEATEDLY STOPS OR ATTEMPTS TO STOP MOTOR
VEHICLES OR WHO REPEATEDLY INTERFERES WITH THE FREE PASSAGE OF OTHERS
PERSONS FOR THE PURPOSE OF PROSTITUTION OR SOLICITING PROSTITUTION OR
PROMOTING PROSTITUTION. SO THE CURRENT LEGISLATION, BY ITS TERMS, DOES
NOT APPLY BASED ON HOW YOU'RE DRESSED OR HOW YOU'RE WALKING OR
WHETHER YOU'RE STRAIGHT, GAY, LGBT. IT DOESN'T APPLY TO WHERE YOU ARE.
THE LANGUAGE OF THE STATUTE TALKS ABOUT REPEATEDLY BECKONING,
STOPPING, INTERFERING WITH TRAFFIC, INTERFERING WITH YOUR FREE PASSAGE ON
THE SIDEWALK, ALL FOR THE PURPOSE OF BEING A PROSTITUTE OR A JOHN OR A
PIMP.
NOW, AS HAS BEEN WELL DOCUMENTED IN THE DEBATE
TODAY, THERE IS NO DOUBT THAT THIS LANGUAGE HAS BEEN USED AND ABUSED.
YET, AS ALSO ACKNOWLEDGED BY MY COLLEAGUES, WHEN THERE'S AN ARREST
THAT DOESN'T MEET THE STATUTORY DEFINITION IT'S THROWN OUT. IF THAT ARREST
-- ARREST WAS MALICIOUS, THE VICTIM OF THAT MALICIOUS ARREST CAN BRING AN
ACTION FOR FALSE IMPRISONMENT OR FALSE ARREST OR MALICIOUS PROSECUTION
CAN SEEK DAMAGES. AS AN ATTORNEY FOR OVER 40 YEARS, I'VE REPRESENTED
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SOME DEFENDANTS THAT WERE ABSOLUTELY INNOCENT. NOT ALL OF THEM, BUT
SOME THAT WERE ABSOLUTELY INNOCENT. IN FACT, I ACTUALLY REPRESENTED A
DEFENDANT WHO WAS ARRESTED. I DEMANDED A PRELIMINARY HEARING, AND
RATHER THAN GET A PRELIMINARY HEARING, THEY TOOK IT TO THE GRAND JURY AND
THE GRAND JURY GAVE A NO-BILL, MEANING THERE WAS NO CRIME. BUT JUST
BECAUSE SOMEBODY IS FALSELY ARRESTED DOESN'T MEAN WE GO BACK AND
REPEAL THE LAW. WE HAVE PEOPLE THAT ARE FALSELY ARRESTED FOR SPEEDING.
WE DON'T REPEAL THE SPEEDING LAWS. WE HAVE PEOPLE FALSELY ARRESTED
FOR SELLING DRUGS OR BEING IN POSSESSION. WE DON'T REPEAL THE DRUG
LAWS. WE HAVE PEOPLE THAT ARE ACQUITTED OF MURDER. WE DON'T LEGALIZE
MURDER. YET HERE WE ARE SAYING THAT THERE HAVE BEEN PEOPLE WHO HAVE
BEEN ARRESTED THROUGH THIS STATUTE WRONGFULLY, THEREFORE, WE SHOULD
ELIMINATE THE STATUTE. AS LEGISLATORS, I CANNOT ACCEPT THAT ARGUMENT. SO
WHAT IS IT WE ARE ACTUALLY VOTING ON IN TERMS OF THE LEGISLATIVE
LANGUAGE? WHAT IS THE LEGISLATIVE LANGUAGE WE'RE VOTING ON? IF WE
VOTE TO REPEAL THIS, WHAT WE ARE SAYING IS THAT IT IS OKAY FOR SOMEONE TO
REPEATEDLY BECKON THEM. TO REPEATEDLY STOP INNOCENT PASSERBYERS.
REPEATEDLY INTERFERE WITH MOTOR VEHICLES. REPEATEDLY INTERFERE WITH
YOUR FREE PASSAGE. AND REPEATEDLY ENGAGE IN SOLICITATION FOR THE
PURPOSE OF PROSTITUTION. IS THAT WHAT WE WANT IN NEW YORK CITY? IF I
COME DOWN THERE WITH MY FAMILY TO WATCH A SHOW ON BROADWAY, ARE
WE SAYING IT'S OKAY FOR SOMEONE TO COME UP TO ME AND MY FAMILY AND
REPEATEDLY INTERFERE WITH MY PASSAGE OR STOP MY CAR OR BECKON TO ME
OR SOLICIT ME FOR THE PURPOSE OF PROSTITUTION? BECAUSE THAT'S WHAT
WE'RE ASKED TO APPROVE TODAY. WE'RE ASKED TO APPROVE THAT IT'S OKAY TO
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REPEATEDLY INTERFERE WITH YOUR FREE PASSAGE AND YOUR FREEDOM TO WALK
THE STREETS AND YOUR FREEDOM TO BE FREE FROM SOLICITATION FOR
PROSTITUTION.
NOW, I SHARE WITH MY COLLEAGUES ON BOTH SIDES OF THE
AISLE A DEEP, DEEP CONCERN ABOUT SEX TRAFFICKING. IT'S HORRIFIC. NO ONE
IN THEIR RIGHT MIND IS DEFENDING SEX TRAFFICKING. NO ONE. BUT THE
QUESTION THEN IS THIS: IF WE PASS A LAW AND IT SAYS TO YOUNG WOMEN,
THAT IF YOU'RE RECRUITED INTO THIS SEX TRAFFICKING, IT'S OKAY TO APPLY YOUR
TRADE AND REPEATEDLY SOLICIT BUSINESS. THAT'S NO LONGER ILLEGAL. THAT'S
OKAY? BECAUSE I'LL TELL YOU WHAT WILL HAPPEN. THE PIMPS WHO ARE
TRYING TO RECRUIT YOUNG, VULNERABLE WOMEN UPON THE REPEAL OF THIS
STATUTE WILL TELL THOSE YOUNG WOMEN, DON'T WORRY, YOU WON'T BE
ARRESTED FOR SOLICITING CARS OR PASSERBYERS OR BECKONING OR
SUMMONING THEM TO PARTICIPATE IN PROSTITUTION. AND THE SAD, SAD
UNINTENDED CONSEQUENCE IS THAT IF WE MAKE IT EASIER TO ENGAGE IN
PROSTITUTION, WE MAKE IT EASIER FOR PIMPS TO ENGAGE IN SEX TRAFFICKING.
MY FRIENDS AND COLLEAGUES, LET'S FOCUS ON THE REAL
ISSUE HERE. THE REAL ISSUE IS THAT THERE MAY BE DISCRIMINATION AGAINST
TRANSGENDER PEOPLE WHO ARE WALKING. THE REAL ISSUE IS THAT THERE'S --
THERE MAY BE HARASSMENT OF PEOPLE WHO LOOK LIKE THEY'RE PART OF A
PROTECTED CLASS OR DIFFERENT THAN US OR ENGAGING IN SOMETHING THAT WE
MAY NOT PERSONALLY ENDORSE. LET'S FOCUS ON THE REAL ISSUE. PASSING
LEGISLATION THAT SAYS IT'S OKAY TO REPEATEDLY BECKON, REPEATEDLY STOP,
REPEATEDLY ATTEMPT TO STOP MOTOR VEHICLES, REPEATEDLY INTERFERING WITH
THE FREE PASSAGE OF OTHER PERSONS FOR THE PURPOSE OF PROSTITUTION, THAT
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DOESN'T ADDRESS THE PROBLEM, DOES IT? IT CREATES A WHOLE WRATH OF OTHER
PROBLEMS. SO I DEEPLY APPRECIATE THE CONCERNS OF MY COLLEAGUES ABOUT
COMBATTING PROFILING AND FALSE ARRESTS AND SINGLING OUT ANY INDIVIDUAL
FOR JUST STANDING OUTSIDE OR ATTENDING A CLUB OR WALKING DOWN THE
STREET. NO ONE SHOULD BE PENALIZED BASED ON THE CLOTHES THEY WEAR,
WHETHER THEY'RE CROSS-DRESSING OR NOT CROSS-DRESSING. THAT'S THEIR
BUSINESS. BUT JUST BECAUSE A LAW HAS NOT BEEN ENFORCED PROPERLY IS NOT
AN APPROPRIATE GROUND TO REPEAL THE LAW. IT'S AN APPROPRIATE GROUND TO
REQUIRE THAT THE LAW BE ENFORCED PROPERLY. AND FOR THOSE VICTIMS WHO
HAVE BEEN FALSELY ARRESTED OR FALSELY IMPRISONED OR FALSELY PROSECUTED,
THERE IS ALREADY A CIVIL REMEDY DESIGNED SPECIFICALLY FOR THIS PURPOSE TO
COMPENSATE THEM AND TO DETER THAT FROM OCCURRING IN THE MEANTIME.
SO, WE DO NOT WANT TO MAKE IT EASIER FOR PIMPS TO ENGAGE IN SEX
TRAFFICKING. WE DO NOT WANT TO MAKE IT MORE UNCOMFORTABLE FOR
VISITORS FROM AROUND THE WORLD TO VISIT TIMES SQUARE. WE MOST
ASSURED DO NOT WANT TO GO BACK TO 1976 AND THE PROBLEMS THAT WERE
FACED AT THAT TIME. SO LET'S KEEP OUR FOCUS ON THE ACTUAL LANGUAGE OF
WHAT WE'RE BEING ASKED TO VOTE ON. AND LET'S KEEP OUR FOCUS ON THE
REAL ISSUES THAT HAVE BEEN ARTICULATED SO WELL BY SO MANY OF MY
COLLEAGUES TODAY ON BOTH SIDES OF THE AISLE. AND LET'S FOCUS ON HAVING
A SOLUTION THAT ADDRESSES THE PROBLEM AND DOESN'T CREATE OTHER
UNANTICIPATED PROBLEMS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MS. PAULIN.
MS. PAULIN: THANK YOU, MR. SPEAKER. YOU KNOW,
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IN 2017 OR AROUND THERE WHEN I LEARNED ABOUT THE STATUTE, MY FIRST
REACTION WAS VERY SIMILAR TO SOME OF THE COMMENTS THAT I'VE HEARD
TODAY ABOUT CONCERN ABOUT REPEALING ANY STATUTE THAT WOULD CAUSE US TO
ARREST PIMPS OR PATRONIZERS. AND AFTER TALKING TO THE ADVOCATES FOR THE
SEX TRAFFICKING COMMUNITY AND TALKING TO THE ADVOCATES FOR THE
IMMIGRATION COMMUNITY, I REALIZED THAT I HAD TO DO THIS BILL. AND I
WANT TO JUST ADDRESS A FEW OF THE THINGS THAT I'VE JUST HEARD. I WANT TO
READ YOU AGAIN THIS STATUTE AND ADD A LITTLE. ANY PERSON WHO REMAINS
OR WANDERS ABOUT IN A PUBLIC PLACE AND REPEATEDLY BECKONS TO OR
REPEATEDLY STOPS OR REPEATEDLY ATTEMPTS TO STOP OR REPEATEDLY ATTEMPTS
TO ENGAGE PASSERSBY IN CONVERSATION OR REPEATEDLY STOPS OR ATTEMPTS TO
STOP MOTOR VEHICLES OR REPEATEDLY INTERFERES WITH THE PASSAGE OF OTHERS
PERSONS FOR THE PURPOSE OF TAKING A PICTURE WITH SUPERWOMAN. FOR THE
PURPOSE OF TAKING A PICTURE WITH MICKEY MOUSE. THAT'S WHAT'S
HAPPENING IN TIMES SQUARE NOW. WHEN YOU WALK IN TIMES SQUARE,
YOU'RE REPEATEDLY STOPPED, YOU'RE REPEATEDLY ENGAGED IN CONVERSATION,
YOU'RE REPEATEDLY BECKONED TO FOR THE PURPOSES OF TAKING A PHOTOGRAPH.
NOW, WHY ISN'T THAT BEHAVIOR WRONG? IT'S HARASSMENT, PERHAPS, WHICH
IS, OF COURSE, IN ANOTHER STATUTE. IT'S STOPPING A CAR UNTIL, OF COURSE, WE
SAID THERE COULD BE NO MORE CARS IN TIMES SQUARE, WHICH IS DISORDERLY
CONDUCT. BUT IT'S FOR SOMETHING THAT WE DON'T OBJECT TO. IT'S FREE SPEECH
WHEN WE DON'T OBJECT TO THE FINAL BEHAVIOR. WELL, LET ME JUST ALSO READ
YOU THE STATUTE ON PROSTITUTION. A PERSON IS GUILTY OF PROSTITUTION -- THIS
IS THE -- THIS IS THE PART WE'RE NOT REPEALING -- WHEN SUCH PERSON
ENGAGES OR AGREES OR OFFERS -- OR OFFERS -- TO ENGAGE IN SEXUAL CONDUCT
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WITH ANOTHER PERSON. WE'RE NOT REPEALING THAT. SO IF THAT PERSON WHO
BECKONED, IF THAT PERSON WHO STOPPED A CAR, IF THAT PERSON WHO
REPEATEDLY ENGAGED IN A CONVERSATION MERELY OFFERED, MERELY OFFERED TO
HAVE SEX, THEY COULD BE ARRESTED. SO ON WHAT BASIS DO WE HAVE THIS
STATUTE? THIS STATUTE IS ONLY PUNISHING SOMEONE FOR BECKONING,
SIMILARLY TO THE PICTURE-TAKER. REPEATEDLY BECKONING LIKE THE
PICTURE-TAKER. BUT BECAUSE AT THE END WE THINK PICTURE TAKING IS OKAY
AND WE WORRY THAT THE WOMAN IN A SHORT DRESS SOMEHOW IS GOING TO
ENTICE THAT GUY INTO HER BEDROOM, IT'S NOT OKAY. THIS STATUTE IS VAGUE.
THIS STATUTE IS DISCRIMINATORY ON ITS FACE. AND WHO ARE THE TARGETS?
IT'S WOMEN. IT'S NOT JUST TRANSGENDER WOMEN, IT'S ME TOO. IT'S ALL
WOMEN. THIS STATUTE IS DISCRIMINATORY ON ITS FACE FOR -- AGAINST ALL
WOMEN, AND IT DOESN'T BELONG IN THE NEW YORK STATE STATUTES. IT DOES
NOT BELONG IN OUR LAWS. ITS REPEAL IS LONG OVERDUE. IT WAS DUE IN 1977,
RIGHT AFTER THAT CONVENTION. AND I'M PROUD TO BE THE SPONSOR OF THE
BILL. I AM PROUD THAT THIS MEANS THAT SEX TRAFFICKING VICTIMS WON'T HAVE
TO GO TO COURT TO VACATE THESE -- THIS -- THE -- THE POTENTIAL ARREST AND
CONVICTION SO THAT THEY CAN GET A JOB. I'M PROUD TO SPONSOR THIS STATUTE
BECAUSE THAT MEANS THAT SOMEONE WHO WANTS TO SEEK ASYLUM, WHICH
THEY CAN DO IN OUR -- IN OUR COUNTRY FOR BEING TRANSGENDER, BECAUSE
THEY KNOW IF THEY GO HOME, 11 COUNTRIES ARE GOING TO MURDER THEM.
THEY CAN DO IT BECAUSE THEY DON'T HAVE A CRIME INVOLVED WITH MORAL
TURPITUDE ON THEIR RECORD. SO I AM PROUD TO BE THE SPONSOR BECAUSE
REPEALING THIS STATUTE HELPS PEOPLE. IT HELPS PEOPLE. AND IT HELPS GET
RID OF THE LAST BLATANTLY DISCRIMINATORY LANGUAGE AGAINST WOMEN IN NEW
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YORK STATE LAW.
THANK YOU. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK -- ON A
MOTION BY MS. PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE
BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT S.1351. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR
CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY
LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CAUCUS WILL BE GENERALLY VOTING IN THE NEGATIVE. BUT THOSE MEMBERS
WHO WISH TO VOTE IN THE AFFIRMATIVE SHOULD CONTACT THE MINORITY OFFICE
SO THAT WE CAN PROPERLY RECORD YOUR VOTE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I WOULD LIKE TO REMIND THE MAJORITY COLLEAGUES THAT WE WILL
BE VOTING IN THE AFFIRMATIVE ON THIS ONE. THOSE WISHING OR DESIRING TO
VOTE OTHERWISE SHOULD PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AND
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WE WILL SO RECORD YOUR EXCEPTION.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU.
TO EXPLAIN HIS VOTE, MR. PICHARDO.
MR. PICHARDO: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO INTERRUPT AND TAKE THIS OPPORTUNITY TO EXPLAIN THIS VOTE.
FIRST OF ALL, I WANT TO THANK THE SPONSOR OF THIS LEGISLATION AS WELL AS THE
HUNDREDS, IF NOT THOUSANDS, OF ACTIVISTS WHO HAVE LOBBIED OUR -- OUR
HOUSE AND OUR LEGISLATURE FOR YEARS AND FOR SOME OF THEM FOR DECADES
IN REPEALING THIS ONEROUS PART OF THE PENAL CODE. THIS DAY, THIS VOTE
AFFIRMS IN MY MIND SOMETHING THAT HAS BEEN LONG OVERDUE AND NEEDS TO
BE SAID OUT LOUD. TRANS LIVES MATTER. THEIR VOICES MATTER. THEIR
EXPERIENCES MATTER, AND MORE IMPORTANTLY, THAT THEIR TRUTHS MATTER.
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. PICHARDO IN THE
AFFIRMATIVE.
MR. BRONSON.
MR. BRONSON: YES, MR. SPEAKER. TO EXPLAIN MY
VOTE. I AM PROUD TO SUPPORT THIS LEGISLATION TO REPEAL THE ANTI-LOITERING
FOR THE PURPOSES OF PROSTITUTION LAW ENACTED IN 1976, COMMONLY
KNOWN AS THE WALKING WHILE TRANS BAN. I'M SO GRATEFUL TO THE
SPONSOR, ASSEMBLYMEMBER AMY PAULIN, FOR HER STEADFAST ADVOCACY ON
THIS PIECE OF LEGISLATION, AND I'M THANKFUL FOR ALL MY COLLEAGUES WHO
ARE SUPPORTING THIS LEGISLATION. WALKING WHILE TRANS, BECAUSE OF ITS
VAGUENESS, HAS BEEN IMPLEMENTED IN AN ARBITRARY AND DISCRIMINATORY
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WAY BY TARGETING MARGINALIZED WOMEN AT HIGH RISK FOR SEX TRAFFICKING,
EXPLOITATION AND ABUSE. IT'S YET ANOTHER CRIMINAL LAW ENACTED IN THE
'70S THAT HAS HAD A DISPARATE IMPACT ON WOMEN AND AN UNEQUAL, UNJUST
AND UNFAIR IMPACT ON MY LGBTQ+ COMMUNITY, AND IN PARTICULAR, TRANS
WOMEN OF COLOR. TRANS WOMEN ARE ARRESTED SIMPLY FOR STANDING
OUTSIDE, SPEAKING TO ONE ANOTHER OR WALKING ON THE STREET. THEY ARE
ARRESTED BECAUSE THEY HAVE AN ADAM'S APPLE, BIG HANDS OR FEET. THIS
LAW IS THE EMBODIMENT OF US VERSUS THEM. AND IF YOU LOOK DIFFERENT
THAN I DO, THEN YOU'RE ANOTHER. AND OTHERS ARE NOT TREATED WITH RESPECT.
THIS MUST END NOW. LET'S BE CLEAR HERE. THE MEASURE WE PASS TODAY
DOES NOT SANCTION PROSTITUTION. NOR DOES IT PREVENT AN ARREST WHEN A
PERSON IS ENGAGING IN OR OFFERS TO ENGAGE IN PROSTITUTION. INSTEAD, THIS
MEASURE CORRECTS AN INJUSTICE OF 40-PLUS YEARS AND REPLACES IT WITH
FAIRNESS AND BASIC HUMAN RIGHTS. THIS MEASURE WE PASS TODAY LOOKS
THROUGH THE LENS OF SOCIAL AND RACIAL JUSTICE AND SAYS NO ONE SHOULD BE
ARRESTED FOR LIVING THEIR AUTHENTIC SELF OR FOR MERELY WHAT THEY LOOK
LIKE.
MR. SPEAKER, I PROUDLY STAND WITH MY LGBTQ+
COMMUNITY AND WILL VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. BRONSON IN THE
AFFIRMATIVE.
MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. I JUST WANT
TO THANK EVERYBODY FOR THE DEBATE TODAY, BUT I WANT TO MAKE SOMETHING
CRYSTAL-CLEAR. AS I MENTIONED DURING THE DEBATE, I WAS IN THE UNIT THAT
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PARTICIPATED AND EFFECTED OVER 1,000 OF THESE ARRESTS, AND I'M VERY
PROUD THAT I WAS ABLE TO TREAT EVERYBODY I ENCOUNTERED WITH RESPECT AND
DIGNITY. AND THAT'S EVIDENT IN THE FACT THAT I RECEIVED NO CIVILIAN
COMPLAINTS IN REGARDS TO THOSE ARRESTS. I RECEIVED NO LAWSUITS IN
REGARDS TO THOSE ARRESTS. WHY? BECAUSE I DID THAT PROFESSIONALLY. AND
SOME OF -- SOME OF MY COLLEAGUES HERE HAVE MENTIONED THAT THERE ARE
SOME INSTANCES -- AND I WILL NEVER DENY IT, THERE ARE SOME OFFICERS THAT
MAY NOT DO THINGS THE WAY THEY'RE SUPPOSED TO, AND THEY SHOULD BE
HELD ACCOUNTABLE FOR THAT. AND MY COLLEAGUE MENTIONED EARLIER THAT IF
THERE NEEDS TO BE SOMETHING CHANGED WHERE IT COMES TO PROTOCOLS, WE
SHOULD DO THAT. BUT I STILL STAND BY THAT THIS WILL BRING OTHER CRIMES LIKE
CARJACKING, MORE VIOLENT CRIMES THAT I WITNESSED FIRSTHAND DOING THESE
OPERATIONS, AND I THINK THAT THAT IS SOMETHING THAT REALLY IS GOING TO BOG
DOWN ON OUR COMMUNITIES. AND I WANT TO -- I WANT TO JUST UNDERSTAND
THAT THIS WAS BOTH -- THOSE ARRESTS I MADE WERE NOT NECESSARILY JUST
MALE OR FEMALE OR TRANSGENDER. IT WAS ALL KINDS AND I TREATED
EVERYBODY WITH RESPECT AND I APPLIED THAT LAW EQUALLY AND EQUITABLE
UNDER THE LAWS OF THE STATE. AND THAT'S WHY I'M GOING TO BE VOTING IN
THE NEGATIVE.
THANK YOU.
ACTING SPEAKER AUBRY: MR. REILLY IN THE
NEGATIVE.
MS. FORREST.
MS. SOUFFRANT FORREST: THANK YOU, MR.
SPEAKER. THANK YOU, ASSEMBLYWOMAN PAULIN FOR SPONSORING THIS BILL
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AND THANK YOU TO THE ADVOCATES FOR SHARING THEIR STORIES --
ACTING SPEAKER AUBRY: IS THE MEMBER
UNMUTED? I CAN'T...
MS. SOUFFRANT FORREST: CAN YOU HEAR ME
NOW? OH, SORRY. ALL RIGHT. THANK YOU, ASSEMBLYWOMAN PAULIN, FOR
SPONSORING THIS BILL AND THANK YOU FOR ADVOCATES FOR SHARING YOUR
STORIES AND SHARING IT WITH US LEGISLATORS. THIS BILL SEEKS TO CORRECT AN
INJUSTICE TO BLACK AND BROWN WOMEN AND TRANSGENDER PERSON. THE
REPEAL OF LOITERING LAW REESTABLISHES BASIC RIGHTS. THE BASIC RIGHT TO
WALK DOWN THE STREET. BASIC RIGHT TO ENJOY YOUR COMMUNITY AS YOU
PLEASE. A BASIC RIGHT TO BE HUMAN AND BE FREE.
AND SO YES, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. FORREST IN THE
AFFIRMATIVE.
MR. ABINANTI.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I
SUPPORT THIS LEGISLATION WHICH REPEALS THE SECTION OF NEW YORK LAW
WHICH WAS INTENDED TO BETTER THE QUALITY OF LIFE IN OUR NEIGHBORHOODS
BY BANNING LOITERING FOR THE PURPOSES OF PROSTITUTION. BUT AS WE'VE
HEARD OVER AND OVER AGAIN, THIS PENAL LAW SECTION HAS RARELY BEEN USED
AS IT WAS INTENDED, BUT HAS OFTEN BEEN USED TO HARASS WOMEN AND
MEMBERS OF OUR LGBTQ COMMUNITY. THE COURTS HAVE REPEATEDLY
CAUTIONED THAT LOITERING LAWS ARE SUSPECT UNDER THE U.S. CONSTITUTION'S
5TH AND 14TH AMENDMENTS. MANY SUCH LAWS HAVE BEEN INVALIDATED FOR
VIOLATING THE EQUAL PROTECTION AND DUE PROCESS CLAUSES. MANY
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ATTACKED AS VOID FOR VAGUENESS. PROVIDING INSUFFICIENT NOTICE TO THE
ORDINARY PERSON AS TO WHAT ACTIVITIES ARE PROHIBITED. NOT BEING
SUFFICIENTLY CLEAR TO DETER -- TO DETER ARBITRARY AND DISCRIMINATORY
ENFORCEMENT. IT'S CLEAR TO ME THAT THIS STATUTE SUFFERS FROM ALL OF THESE
AFFIRMATIVES ABOUT WHICH THE COURTS HAVE WARNED. RATHER THAN
PROTECTING THE QUALITY OF LIFE, THIS STATUTE HAS FACILITATED DISCRIMINATORY
ENFORCEMENT AGAINST ALREADY MARGINALIZED CLASSES OF PEOPLE AND HAS
HAD A DISPARATE IMPACT ON WOMEN AND EVEN MORE ON THE LGBTQ
COMMUNITY. AND TO THE FEARS OF THOSE WHO ARE CONCERNED WE'RE
UNDERMINING THE QUALITY OF LIFE, THERE ARE MANY OTHER STATUTES TO
PREVENT AND PENALIZE THE ILLEGAL ACTIVITIES THEY'RE CONCERNED ABOUT. JUST
RECENTLY, THE DISTRICT ATTORNEYS OF THE STATE OF NEW YORK VOTED TO
SUPPORT THE LEGISLATION WE'RE PASSING NOW. THEY SAID, OVER TIME, THIS
STATUTE HAS COME TO BE USED IN WAYS THAT WRONGFULLY PROFILE PEOPLE AND
EVEN LEAD TO THEIR ARREST BASED ON NOTHING MORE THAN GENDER
EXPRESSION OR APPEARANCE. THE VAGUE WORDING OF THE STATUTE HAS
ALLOTTED TO BE DISPROPORTIONATELY USED AGAINST WOMEN, TRANS PEOPLE
AND PEOPLE OF COLOR BASED SOLELY ON THEIR APPEARANCE.
MR. SPEAKER, I VOTE YES.
ACTING SPEAKER AUBRY: MR. ABINANTI IN THE
AFFIRMATIVE.
MS. DE LA ROSA.
MS. DE LA ROSA: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE. I WOULD LIKE TO RISE IN SUPPORT OF THIS LEGISLATION, AND
I WANT TO TALK TO THE ADVOCACY THAT HAS HAPPENED IN OUR STATE IN ORDER
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TO GET US TO THIS POINT. I WANT TO THANK THOSE WHO HAVE COME UP TO
ALBANY. THOSE WHO HAVE SPOKEN TO OUR OFFICES, CALLED OUR OFFICES,
E-MAILED US TO TELL US THEIR STORIES. THEIR STORIES HAVE BEEN UPLIFTED
HERE TODAY. AND I ALSO WANT TO SAY THAT THIS IS NOT ABOUT PUBLIC SAFETY
AND THE PRESERVATION OF PUBLIC SAFETY. AS WE HEARD HERE TODAY, WHEN
THIS STATUTE WAS PASSED IT WAS A DIFFERENT CITY, IT WAS A DIFFERENT STATE.
THIS HERE IS ABOUT PERCEIVED CRIMINALITY. AND THE FACT THAT THE
PERCEIVED CRIMINALITY IS USUALLY VULNERABLE PEOPLE OF COLOR, PEOPLE
WHO IDENTIFY AS TRANS, BLACK AND BROWN WOMEN ACROSS OUR STATE. WE
MUST SEEK OUT JUSTICE FOR PEOPLE WHO HAVE BEEN HARASSED AND WHO
HAVE BEEN PUT IN DANGER BY THE EVILS OF THE CRIMINAL JUSTICE SYSTEM THAT
SEEKS TO DISPROPORTIONATELY IMPACT COMMUNITIES OF COLOR. MY
COMMUNITY INCLUDED. THE COMMUNITY OF MANY OF OUR COLLEAGUES
INCLUDED. I WANT TO SAY THAT OUR COLLEAGUES SPOKE VERY ELOQUENTLY
TODAY ABOUT THE IMPACTS. BUT THIS HAS TRUE IMPACTS ON THE LIVELIHOODS,
THE EMPLOYABILITY, THE ABILITY TO HAVE DIGNIFIED HOUSING FOR TRANS
PEOPLE OF COLOR IN OUR STATE, AND I'M PROUD TO VOTE YES ON THIS BILL AND
WILL CONTINUE TO STAND UP FOR OUR TRANS BROTHERS AND SISTERS IN NEW
YORK STATE.
THANK YOU.
ACTING SPEAKER AUBRY: MS. DE LA ROSA IN
THE AFFIRMATIVE.
MS. SEAWRIGHT.
MS. SEAWRIGHT: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. THIS IS A VERY IMPORTANT PIECE OF
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LEGISLATION THAT I AM PROUD TO COSPONSOR, AND I DO THANK THE BILL
SPONSOR AND ALL THE ADVOCATES FOR THEIR HARD WORK ON THIS. IT'S
UNACCEPTABLE THAT TODAY THE LAW TARGETS THE SAME MARGINALIZED GROUPS
THAT ARE AT HIGHER RISK FOR SEX TRAFFICKING AND OTHER FORMS OF
EXPLOITATION AND ABUSE. REPEALING THIS ARCHAIC LAW WILL BRING US ONE
STEP CLOSER TO ENDING DISCRIMINATION AGAINST TRANS WOMEN AND WOMEN
OF COLOR, BUT OUR WORK IS FAR FROM OVER. AS A FORMER ASSISTANT DISTRICT
ATTORNEY, I AM PLEASED THAT THE DA'S ASSOCIATION HAS ENDORSED THIS. I
THANK THE BILL SPONSOR, AMY PAULIN. THIS IS LONG, LONG OVERDUE AND
I'M VERY HONORED TO CAST MY VOTE TODAY IN HONOR OF DORIS DEAR AND
MELISSA AND DIANE AND ALL OF MY TRANS FRIENDS.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. SEAWRIGHT IN THE
AFFIRMATIVE.
MS. KELLES.
MS. KELLES: THANK YOU, MR. SPEAKER. TO EXPLAIN
MY VOTE IN THE AFFIRMATIVE. I WANT TO THANK WITH MY WHOLE HEART THE
SPONSOR OF THIS LEGISLATION, AMY PAULIN. THIS IS NOT A BILL ABOUT
PROSTITUTION, AS IT HAS BEEN SUGGESTED TODAY. THIS IS A BILL ABOUT
HUMANITY, ABOUT FREEDOM AND ABOUT WALKING WITH PRIDE. THIS IS NOT
ABOUT LOOKING EXCLUSIVELY AT THE LANGUAGE OF THE STATUTE. THIS IS ABOUT
HUMBLY, AS LEGISLATORS, ACKNOWLEDGING AND ACCEPTING THE REALITY AND
PRACTICE OF THE LAW AS IT HAS BEEN. IF WE FIND THAT THE PRACTICE OF THE
LAW DOES NOT ALIGN WITH THE ORIGINAL INTENT OF A LAW, IT IS OUR DUTY TO
AMEND OUR LAW. OUR MANDATE IS TO PROTECT. I WOULD LIKE TO REMIND
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EVERYONE THAT THERE ARE COUNTLESS LAWS ON THE BOOKS TO ADDRESS
DISORDERLY CONDUCT, MENACING BEHAVIOR AND HARASSMENT, AND NOTHING
ABOUT THIS REPEAL ELIMINATES LAW ENFORCEMENT'S ABILITY TO POLICE THESE
ISSUES. WE AMEND LAWS ALL THE TIME. WE CHANGE LAWS WHEN THEY NO
LONGER SERVE. AND THE LAW AS IT HAS BEEN FOR FAR TOO LONG DOES NOT
SERVE. "REPEATEDLY" HAS NOT BEEN THE CRITERIA USED TO IMPLEMENT THIS
LAW, AND THIS -- THIS IS WHY I AM VOTING TO REPEAL THIS STATUTE.
THANK YOU.
ACTING SPEAKER AUBRY: MS. KELLES TO -- IN
THE AFFIRMATIVE.
MR. SMULLEN.
MR. SMULLEN: THANK YOU, MR. SPEAKER. I
APPRECIATE THE OPPORTUNITY TO EXPLAIN MY VOTE ON THIS MOST IMPORTANT
ISSUE. NOW, FOR MY ENTIRE WORKING LIFE SUPPORTING AND DEFENDING THE
CONSTITUTION OF THE UNITED STATES IN THE MARINES, IT WAS ABOUT
PROTECTING PEOPLE'S FREEDOM, TO BE ABLE TO ENJOY THEIR LIBERTY. LIBERTY
IS SOMETHING THAT'S THE QUALITY OR STATE OF BEING FREE. IT'S THE FREEDOM
FROM ARBITRARY OR DESPOTIC CONTROL, IT'S ALSO THE POSITIVE ENJOYMENT OF
SOCIAL, POLITICAL OR ECONOMIC RIGHTS AND PRIVILEGES. AND THERE'S A
COUPLE ASPECTS OF LIBERTY THAT I THINK ARE IMPORTANT HERE IN THIS BILL.
ONE OF THEM IS THAT POSITIVE LIBERTY IS THE -- IS THE POSSESSION OF THE
CAPACITY TO ACT UPON ONE'S FREE WILL, AS OPPOSED TO NEGATIVE LIBERTY,
WHICH IS FREEDOM FROM EXTERNAL RESTRAINT ON ONE'S ACTIONS. AND IN THIS
CASE, THE REPEAL OF THIS LAW WILL ENHANCE LIBERTY --
ACTING SPEAKER AUBRY: MR. SMULLEN HAS
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BEEN LOCKED OUT.
MR. SMULLEN: AND WHAT I ALSO WANT TO MENTION,
THOUGH, IS THAT THIS -- THIS LAW WAS PASSED LONG AGO WHEN CONDITIONS
WERE DIFFERENT. AND IT IS OKAY TO CHANGE THE LAW, ESPECIALLY WHEN
THERE ARE OTHER STATUTES ON THE BOOKS WHICH WILL ALLOW LAW ENFORCEMENT
TO ENFORCE THE RULE OF LAW WHICH IS ALSO VERY IMPORTANT TO NEW YORK
STATE. SO WE HAVE A COMMON FRAMEWORK AND A COMMON ENVIRONMENT
IN WHICH WE GO ABOUT OUR BUSINESS IN THE STATE FOR OUR LAWS WHICH ARE
JUST AND WHICH ARE FAIR TO ALL CITIZENS OF OUR GREAT STATE.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. SMULLEN IN THE AFFIRMATIVE.
MS. DICKENS.
MS. DICKENS: PERMISSION, MR. SPEAKER, TO EXPLAIN
MY VOTE.
ACTING SPEAKER AUBRY: PROCEED.
MS. DICKENS: THANK YOU. I COMMEND THE SPONSOR
OF THIS LEGISLATION, BUT MOST IMPORTANTLY, I COMMEND THE ADVOCATES.
THOSE WHO WROTE THE THOUSANDS OF LETTERS, E-MAILS AND TEXTS. THOSE
WHO CAME TO THE CAPITOL TO REQUEST FREEDOM. FREEDOM FROM BEING
ATTACKED. FREEDOM FROM ARREST. FREEDOM THAT SHOULD BE FREE BUT
WASN'T. I STRONGLY SUPPORT THIS LEGISLATION. THIS NOW PROVIDES OUR
COMMUNITIES WITH SAFETY FOR ALL TO BE ABLE TO WALK ON THE STREETS
WITHOUT FEAR OF BEING ARRESTED OR BEING ATTACKED FOR -- FOR THE WAY THEY
DRESS, FOR THE WAY THEY WALK, FOR THE WAY THEY LOOK, FOR -- FOR THE WAY
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THAT THEY HAVE CHOSEN A LIFESTYLE. AS A BLACK WOMAN IN THIS COUNTRY, I
THOROUGHLY UNDERSTAND THE -- THE HATE AND THE RACISM AGAINST COLOR AND
AGAINST THE TRANSGENDER COMMUNITY.
THANK YOU TO THE SPONSOR, AND THANK YOU, MR.
SPEAKER, AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. DICKENS IN THE
AFFIRMATIVE.
MR. WEPRIN.
MR. WEPRIN: THANK YOU, MR. SPEAKER. I'D LIKE TO
BE EXCUSED FROM VOTING TO EXPLAIN MY VOTE. THIS IS CLEARLY A HUMAN
RIGHTS BILL. THIS HAS CERTAINLY -- WHAT'S HAPPENING IS DISCRIMINATION
GOING ON AGAINST INDIVIDUALS, LGBTQ+ INDIVIDUALS, WOMEN AND OTHERS
WITHOUT ACHIEVING ANY INTENDED PURPOSE. I'M VERY PROUD -- AND THE
SPONSOR OF THIS BILL AND I WENT ON AS A CO-PRIME SPONSOR EARLY ON -- THE
SPONSOR OF THIS BILL SPENT YEARS WORKING ON THIS, AND -- AND I REALLY
WANT TO COMMEND HER EFFORTS ON THIS. AND SHE HAD POINTED OUT TO ME A
FEW DAYS AGO THAT MY LATE FATHER, SAUL WEPRIN, PROUDLY VOTED AGAINST
THE ORIGINAL STATUTE AND I'M -- I'M PROUD TO JOIN IN HIS TRADITION AND OUR
TRADITION OF ANTIDISCRIMINATION AND I'M PROUD TO VOTE FOR THIS BILL, FOR
THIS REPEAL.
I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. WEPRIN IN THE
AFFIRMATIVE.
MR. PERRY.
YOU HAVE GOT TO UNMUTE YOURSELF, MR. PERRY. THERE
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YOU GO.
MR. PERRY: THANK YOU. YES, THANK YOU, MR.
SPEAKER. I'VE BEEN LISTENING TO ONE OF MY COLLEAGUES RELATE A FRIEND'S
HORRIBLE EXPERIENCE OF THE UNDESERVED HARASSMENT AND DELIBERATE
VIOLATION OF HER LEGAL AND CONSTITUTIONAL RIGHTS PROTECTED --
CONSTITUTIONALLY PROTECTED RIGHTS TO NOT ONLY FREELY WALK ON OUR STREETS,
JUST AS THEY CHOSE A VOTE OTHER THAN TO ERASE THIS AWFUL LAW FROM OUR
PENAL CODE WOULD BE A CLEAR EXAMPLE OF NOT ONLY TONE DEAFNESS, BUT
PERHAPS EVEN WORSE. IT COULD EVEN BE A CLEAR INDICATOR OF UNFITNESS TO
BE EMPOWERED WITH THE PRIVILEGE OF VOTING AS A LEGISLATOR. IF YOU FAIL
TO UNDERSTAND THAT THERE IS SOMETHING WRONG WITH THIS WAY -- WITH THE
WAY THIS ANTIQUATED LAW IS WRITTEN, THAN I DARE SAY VOTERS CAN'T HAVE
KNOWN WHO THEY ELECTED.
I APPLAUD AND CONGRATULATE THE SPONSOR AND PROUDLY
CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER. I WITHDRAW
MY REQUEST.
ACTING SPEAKER AUBRY: MR. PERRY IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICANS IN THE AFFIRMATIVE ON THIS LEGISLATION: MR.
BYRNE, MR. MIKE LAWLER AND MR. SMULLEN.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES.
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MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES BUTTENSCHON, GRIFFIN,
EICHENSTEIN AND SANTABARBARA IN THE NEGATIVE ON THIS ONE, MR. SPEAKER.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD CALL ON MEMBER HUNTER FOR AN ANNOUNCEMENT.
ACTING SPEAKER AUBRY: MS. HUNTER FOR THE
PURPOSES OF AN ANNOUNCEMENT.
MS. HUNTER: YES, THANK YOU, MR. SPEAKER. THERE
WILL BE AN IMMEDIATE NEED FOR A MAJORITY CONFERENCE AT THE CONCLUSION
OF OUR SESSION.
ACTING SPEAKER AUBRY: IMMEDIATE MAJORITY
CONFERENCE AT THE CONCLUSION OF SESSION.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. IF YOU
WOULD PLEASE CALL ON MR. NORRIS FOR AN IMPORTANT ANNOUNCEMENT.
ACTING SPEAKER AUBRY: MR. NORRIS FOR THE
PURPOSES OF AN ANNOUNCEMENT.
MR. NORRIS: THANK YOU, MR. SPEAKER. THERE WILL
BE A MINORITY CONFERENCE AT 4:50 TODAY, AT 4:50 VIA ZOOM.
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ACTING SPEAKER AUBRY: MINORITY CONFERENCE
AT 4:15.
MR. NORRIS: 50.
ACTING SPEAKER AUBRY: 4:50 VIA ZOOM.
THANK YOU SO VERY MUCH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WE DO NOT.
MRS. PEOPLES-STOKES: AWESOME. WELL NOW,
MR. SPEAKER, I MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00
A.M. TUESDAY, FEBRUARY THE 2ND -- NO, NO, NO, NO, NO, TOMORROW IS
WEDNESDAY, FEBRUARY THE 3RD -- I KNOW THAT DAY VERY WELL BECAUSE IT'S
MY LATE DAUGHTER'S BIRTHDAY -- TOMORROW BEING A SESSION DAY.
THANK YOU.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 4:39 P.M., THE HOUSE STOOD ADJOURNED
UNTIL WEDNESDAY, FEBRUARY 3RD AT 10:00 A.M., THAT BEING A SESSION
DAY.)
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