Action Alert: Stop Criminalizing Sex Workers. Oppose AB 2034. It makes loitering for prostitution illegal again 

A new California Assembly Bill, 2034, re-criminalizes loitering for the purposes of prostitution. The loitering law (Penal Code Section 653.22) was repealed in 2022 following decades of organizing by the grassroots sex worker rights movement in California, which pointed in particular to sexist and racist enforcement that targeted trans women of color in particular.

Known as the “walking while trans” law, it also targeted and criminalized legal activities like walking, or standing in public or simply for “appearing to be a sex worker.” The law was vague, giving police enormous discretionary power, resulting in abuse, human rights violations, and illegality by police. 

Recriminalizing loitering will displace sex workers trying to escape arrest into more isolated and dangerous areas making women more vulnerable to violence and exploitation. 

The proponents of this new bill, AB 2034, falsely claim that it is needed so that law enforcement can identify victims of trafficking and provide help. Evidence[ii] shows that the opposite is true and that “law enforcement trafficking operations identify few trafficking victims; primarily target sex work; too often treat victims—particularly Black victims–as criminals.” The same evidence reports sexual and other abuse by law enforcement during anti-trafficking operations, which are violent and traumatizing especially for women of color. It cannot be right for AB 2034 to give the police more powers when they are abusing the powers they already have.

Assembly Member, Freddie Rodriquez, the bill’s sponsor, says that the bill intends to get rid of “illegal activities that blight city streets.” Does he consider sex workers to be a blight? 

Prostitution is increasing because poverty and homelessness are rising. Most sex workers are mothers working to make ends meet and feed their children. Criminal records make it harder for us to keep custody of our children, leave prostitution and get other jobs.

Legislators who claim to want to reduce prostitution should focus on policies to address women’s poverty like expanded child tax credits, a guaranteed care income for single mothers, housing vouchers etc. and other ways to protect women, including the decriminalization of sex work.

AB 2034 is scheduled for a hearing with the Public Safety Committee on Marchth. Please urgently email and/or call the members of the Public Safety Committee to tell them to vote against reinstating this sexist, racist, transphobic bill.

Here are the names and contact information for the committee members.
See a sample letter below these names.

Kevin McCarty (D-06) 
(Chair of Committee)
916-319-2006
916-324-4676
Email form
 
Juan Alanis (R-22) 
(Vice Chair of Committee)
916-319-2022
209-521-2201
Email form

Tom Lackey (R-34)
916-319-2034
661-319-2034
760-539-1341
Email form
 
Stephanie Nguyen (D-10)
916-319-2010
916-670-7888
Email Form
 
Eloise Gómez Reyes (D-50)
916-319-2050
909-381-4100
Email form
 
Philip Ting (D-19)
916-319-2019
415-557-2312
Email form
 
Lori Wilson (D-11)
916-319-2011
707-438-7359
Email form
 
Rick Chavez Zbur (D-51)
916-319-2051
323-436-5184
Email form
 
Background
●   About 70% of sex workers are mothers, mostly single mothers, trying to feed themselves and their children. The rise in prostitution is because of increasing poverty, homelessness and income inequality. In California, 20 million residents are poor or low income, including 54% of women (10.7 million), 61% of Black people and 71% of Latinx people. (Poor People’s Campaign). 
●   Enforcement of the loitering bill was proven to be racist. Even Governor Newsom pointed this out when he signed the bill to repeal loitering for prostitution. He noted that “between 2017 and 2019 Black adults accounted for 56.1% of the loitering charges in Los Angeles, despite making up less than 10% of the city’s population.” 
●     AB 2034 is part of a backlash in California against the gains made by the sex worker movement. In response, some politicians, law enforcement and advocates for gentrification want to re-criminalize communities of color under the guise of anti-trafficking. For example, in San Francisco, barricades have been installed in the Mission district to push sex workers off streets and to criminalize clients. In Los Angeles, the City Attorney is attempting to eradicate prostitution in the Figueroa corridor by invoking archaic laws and involving the FBI and Homeland Security in undercover operations targeting sex workers. 
 
Sample letter to Assembly Public Safety Committee members

Dear (Put in name)

I am writing to register my strong opposition to AB 2034, the bill to reinstate loitering for the purposes of prostitution. Loitering for prostitution was repealed in 2022 because it was enforced in a discriminatory way, disproportionately impacting Black and Brown women, especially trans women. The law was vague and gave police enormous discretionary power, which resulted in abuse, human rights violations, and illegality. 

I do not accept the rational of AB 2034 proponents that victims of trafficking are unable to receive help from law enforcement and that this new bill will help to identify trafficking victims. In fact, the evidence shows that anti-trafficking operations primarily target sex work and treat victims—especially Black women—as criminals. These operations are violent and traumatizing and few actually identify any victims.  

Increasing police powers, as AB 2034 does, makes sex workers more vulnerable to violence and exploitation. Legislators should instead focus on policies to address poverty. Most sex workers are mothers working to support families; the most effective strategy to protect sex workers is to reduce women’s poverty. 

Sincerely,

From: US PROStitutes Collective 
www.uspros.net, Global Women’s Strike, Women of Color/GWS

[i] Between 2017 and 2019 Black adults accounted for 56.1% of the loitering charges in Los Angeles, despite making up less than 10% of the city’s population.
[ii] Report by the USC Gould International Human Rights Clinic.


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