[blog post I wrote for the Ms. blog]

Currently in the state of New York, police and prosecutors use condoms as evidence of prostitution-related offenses, including the murky crime of “loitering for the purpose of engaging in a prostitution offense.” Even when they don’t use condoms as evidence to aid them in making arrests and convictions, in the process of doing their stop-and-frisks police often confiscate and destroy condoms.

When I tell people about this practice, they’re usually shocked. It makes no sense whatsoever. New York City has distributed ample free condoms in clinics since 1971; in 2007, New York City was the first city in the U.S. to launch a city-branded condom initiative. So there’s this: New York City’s Department of Health and Mental Hygiene distributesfree condoms to people who are at risk for STIs, including HIV, and unplanned pregnancy, and the New York Police Department takes them away.

When this issue first started getting media attention, a lot of people were up in arms about it because, to paraphrase, “This could happen to anyone carrying condoms!” But let’s be clear: The use of condoms as evidence of prostitution and the confiscation of condoms is very much an issue of profiling. It’s an issue of who the police think might be trading sex: poor people of color, especially trans women, who police perceive as loitering in public space. The use of condoms as evidence of prostitution affects not just people who are trading sex, but also people profiled as trading sex.

Advocates for Sex Workers, Elected Officials, and Public Health Experts to Call for Law Barring Use of Condoms as Evidence of Prostitution

Report to Reveal Public Health Crisis Caused by NYPD’s Confiscation of Condoms

On Tuesday, April 17 people with experience in the sex trade, elected officials, public health experts, and human rights advocates will hold a press conference calling on the New York State Assembly to pass legislation barring the use of condoms as evidence of prostitution. Supporters of Bill S323/A1008, known as the No Condoms as Evidence Bill, say that allowing condoms to be confiscated by police and used as evidence in criminal cases discourages sex workers and other vulnerable New Yorkers from carrying condoms, undermining efforts to combat sexually transmitted diseases and educate the public about safer sex.

At Tuesday’s press conference, The Sex Workers Project at the Urban Justice Center and the PROS Network (Providers and Resources Offering Services to Sex Workers) will release a report, entitled “Public Health Crisis: The Impact of Using Condoms as Evidence of Prostitution in New York City.” The report reveals findings from two separate surveys of NYC sex workers, including a survey conducted in 2010 by the Department of Health and Mental Hygiene (DOHMH) that is only now being released.

WHAT: Elected Officials, Public Health Experts, and Human Rights Advocates Hold Press Conference Calling for Legislation Banning the Use of Condoms as Evidence of Prostitution, Release Report on Public Health Crisis in NYC

WHO: Senator Velmanette Montgomery, Audacia Ray of Red Umbrella Project, Sienna Baskin of The Sex Workers Project at the Urban Justice Center, Chris Bilal from Streetwise and Safe (all members of the PROS Network), and Kathryn Todrys of Human Rights Watch.

WHEN: Tuesday, April 17that 1:00pm

WHERE: Room 130, Legislative Office Building

Here’s the Red Umbrella Project (RedUP) team with a crew of young people from Streetwise and Safe and the Hetrick Martin Institute, plus New York City Council Member Daniel Dromm (D - district 25) at our advocacy training on February 24, 2012.

Though there’s a lot of focus on national politics, especially in a presidential election year, for people in the sex trades, the laws that really impact our lives are made on the city and state levels. Criminal codes are state laws, and most states have lots of them, with little lines of legalese that make the lives of people in the sex trades, or people profiled as such, much more difficult. In the RedUP advocacy training we walk participants through things like the convoluted process of how bills become law, where ideas for bills come from, and how individuals and grassroots groups can make an impact on this process.

This year, our advocacy trainings are focused on getting New York State Bill A1008/S323 passed, which will make it illegal for condoms to be used as evidence of prostitution. In the training with the young people from SAS and HMI, we talked a lot about their concerns around profiling. They are especially concerned with the ways that the use of condoms as evidence intersects with the NYPD’s abusive stop and frisk tactics, and how the combinations of these two things creates harm for people of color, trans women, gender non-conforming people, and street involved youth. Their perspective on this bill is much needed, and a bunch of the members of the group will be lobbying in Albany in April. New York State elected reps really need to hear these voices.

And speaking of reps listening up - we were really excited to be joined for an hour by NYC Council Member Daniel Dromm, whose district 25 is in Jackson Heights in Queens. I met Dromm for the first time at the council hearing I testified at in December, and he’s a great ally who actually seems to get and care about our issues. I’m looking forward to working with him further, and I’m really excited that we’re starting to be able to get the ears and time of elected officials. He gave some really great advice, and really encouraged folks to speak their personal truths to legislators. Though we also emphasized the value of statistics and reports in making our arguments, he told us that connecting on a personal level with legislators is really important. He said that especially in cases in which the representative might not be on our side, the only way through is to appeal to their humanity and their empathy.

The RedUP advocacy trainings are part of our Speak Up! workshop program, which also includes our media training, which was our flagship program. The trainings are geared toward people who have had experience in the sex trades and who want to learn the skills to speak up for themselves in policy contexts, in public forums, and in both community and mainstream media.

All Red Umbrella Project programs are led by people who themselves have experience in the sex trades. This is a really important aspect of our work, because there are many service oriented agencies that provide support to sex workers, and its less common -but vital- for a group to be run and led by the population. This year, we’re doing three  advocacy trainings, and then we’re collaborating with other organizations to do a lobby day in Albany on April 17th. We have a short training on April 4 at the Gay Men’s Health Crisis that will just focus on talking points for the lobby day, and then on Sunday, April 15 at the Urban Justice Center, we have a full day training that will teach both content and strategy (more info here). I’m really excited that our work is growing in this way, and we’re becoming able to support more and more people in being awesome and learning the skills to speak up and fight back.

The Issue: In New York, as in other places, condoms are often confiscated by police and then used as evidence of intent to engage in prostitution. This spring, people in the sex industry and our allies are putting pressure on elected officials in Albany to demand that they pass Bill S1289/A1008, which would stop police from using condoms as evidence of prostitution.

The Red Umbrella Project is offering a free, full day legislative advocacy training on Sunday, April 15 at the Urban Justice Center (123 William Street, 16th floor.) in NYC to prepare for our Albany lobby day on Tuesday, April 17. Learn from a veteran staffer of the state legislature how bills become law, how to monitor bills as they make their way through the process, and how to talk to your elected representatives about your concerns. We will be joined by NY State Assemblymember Richard Gottfried for an hour during the training. The training is from 10 am to 4 pm, and lunch, snacks, and beverages will be provided. 

To RSVP or ask questions, email audaciaray@redumbrellaproject.org. We have limited capacity for both the training and the free lobby day bus, so please RSVP early. We highly encourage you to attend both the training and the lobby day, however, it’s not required to do both. Please indicate in your RSVP if you plan on attending both or just one.

Also, if you would like to distribute postcards to promote this training in your community, let me know and I can get some to you.