Statement on the Repeal of the #WalkingWhileTrans Ban

The Association of Legal Aid Attorneys (UAW Local 2325) represents 2100 legal workers at 19 nonprofit organizations in New York that focus on public defense, immigratoin, housing, employee rights, family defense, juvenile defense, and other areas. We applaud the state legislature, Senator Hoylman, Assemblymember Paulin, and Governor Cuomo for repealing the #WalkingWhileTrans ban and sealing prior violations and convictions. For far too long law enforcement has weaponized this statute to target Black and brown cisgender and transgender women and non-binary folks who are hailing a taxi, smoking a cigarette, waiting for a bus, or simply trying to exist in other spaces. Violations and convictions under the statute had dire consequences for immigration, housing, employment, and accessing education. The communities disproportionately targeted because of this statute already face high levels of discrimination, and removing the barriers that this staute and prior records impose is a tremendous win for our clients. 

ALAA is proud to add labor’s voice to this fight, but it is important to note that this fight was led by Black and brown trans women and non-binary folks, immigrants, and low-income New Yorkers. We are inspired by the tenacity of their campaign, the fearlessness of their leadership, and their resolve in this fight. Thank you to all organizations who fought for this win. We’re especially grateful for Lorena Borjas, who recently passed. Her work will be everlasting. 

This is an important criminal legal system bill, and we urge the legislature and governor to urgently pass more vital criminal legal system bills to reduce the footprint of the penal system and carceral state on our client communities. We also highlight that our clients do not live single issue lives, and that New York also needs to pass tenant protections and cancel rent, juvenile legal system reform, strengthen rights for laborers including incarcerated laborers, bills to elevate immigrant communities, and bills to protect children and families from the child welfare system. Further, it is critical that Albany fund legal services for low-income New Yorkers, as we are often their first or only line of defense. We look forward to a productive legislative session in Albany, and to celebrating may more victories.



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