Brooklyn DA to Dismiss Sex Work-Related Warrants
Eric Gonzalez is taking action after endorsing sex work decriminalization two years ago
BY TAT BELLAMY-WALKER
Brooklyn District Attorney
Eric Gonzalez is
moving to dismiss hundreds
of sex work-related
warrants and pushing state
lawmakers to take broader action
to help reduce the criminalization
of sex workers.
The offi ce said it vacated and
dismissed 262 warrants issued
since 2012 — including 183 warrants
tied to Penal Law 230,
which is the basic charge for sex
work, and 79 for the now-repealed
loitering law commonly known as
a ban on Walking While Trans
because it is used to target transgender
women.
The offi ce also vowed to dismiss
850 more years-old warrants going
as far as back as the 1970s. The DA
said those cases are not accessible
during the COVID-19 pandemic,
but Gonzalez voiced a commitment
to dismiss those warrants when he
is able to do so.
Gonzalez is also asking the state
to pass a bill that would help expunge
more than 25,000 convictions
in Brooklyn for more sex
work-related charges dating back
to 1975.
It is not clear whether any of
the warrants getting dismissed
extend to buyers and others who
have faced sex work-related charges
for facilitating sex work. Advocates
for sex work decriminalization
have long made it clear that
comprehensive sex work decriminalization
efforts must include
easing the laws for workers, buyers,
and those who help facilitate
sex work. It is likely that many of
the warrants were also tied to individuals
who were not engaging
in sex work, but were still targeted
— especially those arrested for
Walking While Trans. Gonzalez
had urged state lawmakers to repeal
that law — and they did just
that earlier this month.
This announcement comes
nearly two years after Gonzalez endorsed
the decriminalization of sex
work while attending a meeting for
Lambda Independent Democrats
Brooklyn District Attorney Eric Gonzalez is wiping out more than 260 warrants at fi rst — and then he
plans to dismiss 850 more.
(LID) of Brooklyn, an LGBTQ political
club.
In his latest move, Gonzalez
pointed to his offi ce’s policy, established
in 2020, that refers those
arrested for sex work charges to
services and aims to dismiss those
charges before the individual is
required to appear in court. He
claims that cases are tossed regardless
of whether individuals are
willing to cooperate with services.
While he claims that his offi ce
no longer prosecutes sex workrelated
charges, he said his offi ce
processed fewer than 30 cases last
year.
“I decided to take this action for
several reasons: fi rst and most obviously,
it doesn’t make sense for
someone to have an outstanding
warrant for something we no longer
prosecute,” Gonzalez said in
a written statement. “But beyond
that, these warrants have powerful
negative consequences for the
individual, and they undermine
public safety.”
Plus, having an open warrant
can cause several challenges later
on in life: Individuals are doubly
scrutinized when seeking employment
and housing, and their safety
is more at risk. Gonzalez acknowledged
a point that has long been
emphasized by sex workers — that
criminalization does not bolster
safety.
“Because someone with an open
TWITTER/@BROOKLYNDA
warrant is subject to arrest at any
time, those engaged in the selling
of sex are more likely to be driven
underground and be less likely to
report abuse or other crimes, which
CRIME
makes both them and others less
safe,” Gonzalez said. “An outstanding
warrant could show up years
after it was issued in a background
check for an apartment rental or
a job application, hamstringing
someone’s ability to move on from
their past to a more stable and less
dangerous way of life.”
In 2019 the DA released his Justice
2020 plan, which aimed to
reduce incarceration and improve
equity in how the offi ce handles
cases.
“Vacating these warrants and
dismissing these cases is consistent
with my view that those who
engage in these activities need to
be offered assistance, not criminally
prosecuted,” Gonzalez said
in a statement. “I am asking the
legislature to expunge past prostitution
convictions so they will not
hold people back from opportunities
for a better future.”
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