New York Governor Andrew Cuomo signed legislation Tuesday that repeals a section of the New York penal law that led to arbitrary and discriminatory policing of transgender women and cisgender women of color.

Section 240.37 of the New York penal law, sometimes known as the “walking while trans” ban, prohibited loitering “for the purpose of engaging in a prostitution offense.” The law was originally passed in 1976. While the purpose was to prohibit loitering for the purpose of prostitution, it has largely been used to target law-abiding transgender and cisgender women of color.

According to the lead sponsor of the bill, New York State Senator Brad Hoylman, data from the New York State Division of Criminal Justice Services showed that 91 percent of people arrested under the statute were Black and Latinx. Of those, 80 percent identified as women.

Senate Bill 1351, signed Tuesday, repealed section 240.37. It also amended section 230.01, which deals with affirmative defenses for prostitution.

On signing the legislation, Cuomo stated:

COVID exposed low tide in America and the “walking while trans” policy is one example of the ugly undercurrents of injustices that transgender New Yorkers—especially those of color—face simply for walking down the street. For too long trans people have been unfairly targeted and disproportionately policed for innocent, lawful conduct based solely on their appearance. Repealing the archaic “walking while trans” ban is a critical step toward reforming our policing system and reducing the harassment and criminalization transgender people face simply for being themselves.