BUFFALO, N.Y. (WBEN) - The bench warrants for individuals charged with prostitution have been dismissed following the state's repeal of the "walking while trans" law, Erie County District Attorney John Flynn announced Monday.
All of the cases dismissed on Monday by the district attorney involved bench warrants issued in Buffalo City Court prior to 2017, when Flynn took over as DA. Six bench warrants were dismissed Monday in Buffalo City Court.
Earlier this year, district attorneys across the state advocated for the repeal of Loitering for the Purposes of Prostitution, a misdemeanor offense that was commonly known as "Walking While Trans". Governor Cuomo signed the legislation into law in February. The one case remaining in Buffalo City Court was dismissed.
An individual now charged with a prostitution-related offense in Erie County now has their case transferred to the Human Trafficking Intervention Court. The court provides a trauma-informed response to victims of sex trafficking and others who participate in the sex trade. The court hopes to help these people by providing alternatives to prostitution and connect them with services related to housing, education, healthcare, and job training. Criminal charges may be dismissed following a completion of the program.
"I advocated for the repeal of Penal Law Section 240.37 because it unfairly targeted members of the LGBTQ+ community and women of color, but other prostitution-related offenses remain illegal in an effort to stop sex trafficking and exploitation," Flynn said in a statement. "I understand the reasoning of District Attorneys who decline to pursue these criminal charges in an effort to prevent defendants from dealing with the consequences associated with a prostitution conviction. As the District Attorney of Erie County, it is my ethical obligation to prosecute any criminal charge under New York State penal law that an individual has committed beyond a reasonable doubt. By continuing to prosecute those charged with prostitution, I am not seeking to get a conviction. My goal, along with the Human Trafficking Intervention Court, is to help these individuals find an alternative to prostitution and connect them to services to improve their livelihood."
