Will the New York City Council Defend the Right to Carry Condoms?

by Alex DiBranco · 2011-04-04 11:16:00 UTC
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It may be one of the most absurd policies my home state has ever come up with: using carrying condoms as evidence for arrest and prosecution for intent to commit prostitution. It's simultaneously wildly offensive to individuals who opt to be prepared to engage in safe sex and a severe public health danger -- in a city that distributes free condoms to combat sky-high rates of HIV, no less, which makes it doubly ridiculous.

The New York State Legislature is considering doing something about this, with a bill sponsored by Sen. Velmanette Montgomery that would prohibit law enforcement from using condom possession as grounds for arrest and prosecution. Unfortunately, it's been considering doing something about this ludicrous situation for years, with a version of the bill introduced and doomed to die on a regular basis. But this year is the year to change all that, right? And New York City Council Member Jessica Lappin is getting on board with a proposed resolution in support of the No Condoms as Evidence Bill.

The Sex Workers Project at the Urban Justice Center has created a PSA highlighting the wackiness of criminalizing protection against STDs and unplanned pregnancy. (Prominently featuring the branded NYC condoms handed out free-of-charge -- some contraband.) Shouldn't you be able to get ready for a fun, consensual night on the town without worrying that being smart about sex will land you in the slammer?

Policies like this one targeted at sex workers disproportionately impact transgender women and women of color, who complain of being wrongfully profiled. It puts the health of sex workers at risk -- and, whatever your feelings about this profession and whether it should remain illegal, the penalty for trying to make a living shouldn't be contracting HIV. Not to mention the public health implications of discouraging sex workers from making sure to have condoms on hand for use with clients, increasing the potential to contract and spread STDs.

The Urban Justice Center has launched a petition in support of Council Member Lappin's resolution. Please join them in standing up for safe sex and the right to carry condoms by signing this petition. Then, you can take further action by telling New York State legislators to back the No Condoms as Evidence Bill, which the Senate Codes Committee will take up for consideration by the middle of this month.

Photo credit: SpecialKRB

Alex DiBranco is a Change.org Editor who has worked for the Nation, Political Research Associates, and the Center for American Progress. She is now based in New York City.

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