With New York State promoting condoms as an essential tool to stopping the spread of HIV/AIDS, one would think carrying condoms wouldn’t be cause for arrest. One would be wrong. Under New York State law, carrying condoms is admissible as evidence of prostitution in a legal case. This means practicing safer sex is one more thing that can lead a sex worker to get arrested.

But a bill is currently under consideration [3] in Albany would end this public health hypocrisy. The bill (S.2189/A.3856) “provides that possession of a condom may not be received in evidence in any trial, hearing or proceeding as evidence of prostitution, patronizing a prostitute, promoting prostitution, permitting prostitution, maintaining a premises for prostitution, lewdness or assignation, or maintaining a bawdy house.” The bill is sponsored by Velmanette Montgomery in the Senate and Barbara Clark in the Assembly.