New York and San Francisco Use Condoms as Evidence of Prostitution

Thursday, I pointed out that police in D.C., which has the highest rate of HIV/AIDS in the country, are reported to use possession of condoms as evidence of sex work. (Yeah, they can clearly afford to discourage safe sex techniques.) Turns out, the nation's capital isn't the only one.

After being tipped off by a commenter that San Francisco police use an unspecified number of rubbers as evidence of sex work, I investigated further and was shocked to discover that safe-sex devices have been used as evidence in my own hometown, New York -- which is particularly ridiculous given that New York City has been distributing free condoms to combat STDs since 1971. Some businesses are even afraid to offer the city's snazzy free condoms because they can also be used as evidence of "maintaining a premises for prostitution."

(Hello, readers: do you know of any other places where condoms are misused as evidence of sex work?)

Knowing that planning ahead for a night out could be used as evidence against you is enough to make anyone uncomfortable, but most people needn't worry about getting randomly arrested for condoms. The major problem is the impact of discouraging sex workers -- which do include men, though women are the majority -- from using protection. (Although the Urban Justice Center states that many transgender women, even those who aren't sex workers, fear carrying condoms because they are frequently profiled by police.)

San Francisco police defend the practice by claiming that "a pocket full of condoms alone is not a basis for arrest." Guess what: condoms shouldn't factor at all into potential arrest for sex work. It's a health disaster.

The mere possibility that condoms could be used against them in a court of law deters sex workers from protecting themselves, putting their own lives in danger and contributing to the spread of STDs -- furthering epidemic rates of HIV/AIDS. With enforcement practices like this one, it's no wonder a UCSF study found that only half of sex workers use condoms with first-time clients, and fewer with repeat customers.

[UPDATE: DC police clarify their policy, mirroring San Francisco in admitting that condoms are a factor, but saying that carrying condoms by themselves would not be sufficient cause for arrest. Like San Francisco police, they miss the point that even using safe sex items as a factor poses a serious health risk.]

In D.C., San Francisco, and New York, the use of condoms as evidence is not specified under law as either acceptable or unacceptable, so the practice has been left to the discretion of cops and prosecutors.

However, the harmful health repercussions of this practice have long been apparent. Back in the 90s, a San Francisco Task Force on Prostitution recommended, in no uncertain terms, that condoms stop being confiscated or used as evidence for prosecution. And in New York, a bill has been introduced (repeatedly ... and let die, repeatedly) in the state legislature banning this improper use of condoms as evidence. This time, it's supported by a campaign by the Sex Workers Project, which has seen momentum starting to build.

It's time to stop throwing up dangerous obstructions to practicing safe sex, and start protecting the health of both sex workers and the public. Please sign the petition telling the mayors of D.C., New York, and San Francisco to issue a statement that fighting STDs, especially HIV/AIDS, is their top priority -- and that nobody should be afraid carry condoms, because it won't be used against them as evidence of sex work.

Photo: victoriapeckham