| Due to public pressure, none of the three new California bills to re-criminalize loitering for prostitution, AB 2034, AB 2646 or SB 1219, have made it out of committee and are not now expected to pass, but we remain vigilant in case they are brought back before the end of the legislative session. A vibrant and well-attended rally called by sex worker organizations state wide to oppose the bills took place in Sacramento on April 23, 2024. It was a day of action that also included lobbying proponents of the bills. Sex workers, including strippers, street workers, and others, Black, Latina and white, all came together in solidarity to influence legislators. These bills to re-criminalize loitering for the purposes of prostitution are a very harmful move as criminalization undermines sex workers’ safety and puts us at greater risk of rape and other violence. Recriminalizing loitering would mean that sex workers who are trying to avoid arrest will be displaced into more isolated and dangerous areas. Women would be more vulnerable to violence and exploitation as a result. History of Loitering for Prostitution Law The loitering law (Penal Code Section 653.22) was repealed in 2022 following decades of organizing by the grassroots sex worker rights movement in California, which pointed in particular to sexist, racist and transphobic enforcement.[i] Commonly 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. Enforcement of the loitering for prostitution law has historically been racially discriminatory and there is nothing to suggest that these bills will be enforced differently. They would therefore violate the 2020 Racial Justice Act, which makes it illegal to pass legislation that is biased. Based on this act, these bills should be dismissed. The proponents of these bills falsely claim that they are needed so that law enforcement can identify victims of trafficking. 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 these bills to give the police more powers when they are abusing the powers they already have. Background ● Most sex workers (70%) are mothers, mostly single 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. ● Prostitution is increasing because poverty, homelessness, and income inequality are rising in California, where 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.” ● These loitering bills are 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. |
| 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. |
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.
US PROS Collective 