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US: Do police need a loitering law?

Do police need a loitering law to stop human trafficking in California? The answer is a clear no, says retired Los Angeles Police Department Sergeant Cheryl Dorsey.

In a powerful op-ed for the Los Angeles Times, Sgt. Dorsey explains why California’s loitering law is discriminatory and makes everyone less safe, including trafficking victims:

The reality of the old-fashioned loitering law is that by targeting and harming some of our most vulnerable communities, it limits police officers’ ability to ensure public safety. Removing it will better protect people from sex trafficking and abuse, and so promote public safety.”[1]

Take action!
 Just because something is legal does not make it ethical. Enacted during the “tough on crime” era of the 1990s, California’s penal code currently criminalizes ‘loitering for intent engage in prostitution.’ It’s open to such broad interpretation that police can make an arrest simply based on the clothes a person is wearing. 

Sgt. Dorsey emphasizes that arrests under the loitering law result from subjective police suspicion, using “little more than guesswork and their own biases about the neighborhood or a person’s race, gender and attire. Arrests under this law can give people criminal records that affect their future employment and even housing, altering their lives forever.” 

A common misperception is that police officers need the loitering law as an anti-trafficking intervention. Freedom United and our partner, CAST, California’s largest anti-trafficking organization, support repealing the loitering law because the threat of arrest is not the means to ‘rescue’ trafficking victims. 

Nor is arresting sex workers, some of whom experience physical and sexual violence. With this change they will be able to freely report offenses to the police without fear of reprimand or being saddled with a criminal record.  

Take it from Sgt. Dorsey:

“[The Safer Streets for All Act] puts a stop to unjust, racist and transphobic harassment that makes our streets less safe. Police officers are tasked with enforcing the law, not making it. That’s why it’s crucial that the legislature abolish bad laws that make it harder for officers to do their jobs. Newsom can uphold Californians’ commitment to safety and equality by signing the Safer Streets for All Act (SB 357).”[2]

Take action to call on Governor Newsom to sign the Safer Streets for All Act today.
In solidarity,   

Jamison and the team supporting the Freedom United community
Jamison Liang
Advocacy, Freedom United
[1] https://www.freedomunited.org/news/repeal-californias-loitering-law
[2] Ibid.

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