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ljames@ council.nyc.com LETITIA JAMES May 2, 2011
COUNCIL MEMBER, 35TH DISTRICT

Dear Friend,

I thank you for writing the my office regarding Res. 710-2011, calling on the New York State Legislature
to pass legislation which would prohibit possession of a condom from being used as evidence of
prostitution and other offenses.

The state bill that this legislation references is A.1008/S.323, introduced by Assembly Member Barbara
Clark and State Senator Velmanette Montgomery, which would “provide that possession of a condom
may not be received in evidence in any trial, hearing or proceeding as evidence of prostitution,
patronizing a prostitute….lewdness or assignation…” As I’m sure you’re aware, in Fiscal Year 2010, the
New York City Department of Health and Mental Hygiene (DOHMH) distributed more than 36 million
male condoms, citing the ongoing goal of combatting STIs throughout the City. And even though we are
in an era where individuals can live longer than ever before while battling HIV/AIDS, it is still poor
communities with limited healthcare access, as well as communities of color overall, that continue to be
most affected by the spread of the disease. Today, the Center for Disease Control (CDC) estimates
lifetime risk of becoming infected with HIV is 1 in 16 for Black males, and 1 in 30 for Black females
(with nearly two-thirds of new cases being African-American women). It continues to be important to
spread the message that adult condom-usage is always necessary, and to cease stigmatizing those in
possession of prophylactics.

Currently, NYPD and courts can use the fact that a person is carrying condoms as proof that they are
engaging in criminal activity. Sex workers report that they are more likely to be arrested if they carry
condoms. Police officers regularly confiscate condoms from people they allege are engaged in
prostitution to use as evidence against them at trial. These facts result in people hesitating to carry
prophylactics due to negative stigmatization, or facing a criminal charge. This is why I have joined as a
co-sponsor of Res. 710-2011— because no one who is sexually-active should feel hesitance to carry a
prophylactic due to the fear of being charged with a crime. In a 2010 memorandum of support, the
New York Civil Liberties Union (NYCLU) stated that the existing law puts the population at greater risk
of acquiring sexually-transmitted infections and diseases. This is unacceptable.

I place my full support behind Res. 710-2011, and I encourage the State Legislature to move to pass the
state bill as soon as possible.

Sincerely,

Letitia James
Member of the City Council

LJ/AWD