"Short Skirt 'N' Frisk": No, Carrying A Condom Is Not Probable Cause
Via @Instapundit, a truly disgusting story out of New York -- Short Skirt 'N' Frisk, you could call it.
Rebecca Baird-Remba reports at BusinessInsider that New York cops are stopping, searching, and hauling away women who are minorities or transgender and who happen to have condoms in their purse:
Police claim they are discouraging prostitution by confiscating women's condoms or cuffing women who carry them. But half of the people whose condoms were taken away still had to engage in sex work later that night without a condom, according to SWP's study.And a growing number of sex workers say they are afraid to carry condoms because it's likely to get them arrested. Forty six percent told PROS they hadn't carried condoms while working because they feared police harassment, and the number rose to 75 percent among trangender prostitutes.
..."I find no probative value at all in finding a condom," Judge Richard M. Weinberg of Manhattan Criminal Court told the Times. "In the age of AIDS and H.I.V., if people are sexually active at a certain age, and they are not walking around with condoms, they are fools."








This must be Phase 2 of the 'War Against Women - Disarm them any way you can' edition.
I mean, really, we can't have women running euthanasia centers for all those little swimmers! We have to give at least one a shot at being a "Winner in life's lottery!"
Not to mention, the non-lubed condoms can be used to make pretty wicked slingshots, much to my parents dismay :)
Can't have fragile flowers of womanhood freaking out and going postal Just Because They Have The Equipment.
I wonder if you could weaponize a dental dam? Hmmmm....
/sarcasm off
Why do we have cops looking in street walkers purses for condoms, when we have actual, you know, crimes being committed ? What needs to be done to re-prioritize the work that cops do, to get them to do more than show up with the yellow tape and chalk?
Kat at March 7, 2013 12:27 AM
Just like the war on drugs, arresting people for things that should never be illegal in the first place. And as usual, the blue collar workers get the brunt of it. No one is searching high class call girls going into the fine hotels, I bet.
Isab at March 7, 2013 1:28 AM
But half of the people whose condoms were taken away still had to engage in sex work later that night without a condom
Two problems with this
First, even the writer criticising the practice can't avoid the dopey phrasing that floats around this subject. "had to engage in sex work"? If I said "despite missing my morning coffee and being tired and cranky, I still had to engage in engineering work" it would sound ridiculous.
Second - half of them were actually prostitutes then? (At least, it doesn't say how many decided not to work or got another condom somewhere). Whether you agree with that being illegal or not (I don't), that's a pretty good strike rate by the cops. And obviously not exactly a random stop.
Isab, yes, you're right, the classy call girls won't be bothered by this.
Ltw at March 7, 2013 2:46 AM
Second - half of them were actually prostitutes then? (At least, it doesn't say how many decided not to work or got another condom somewhere). Whether you agree with that being illegal or not (I don't), that's a pretty good strike rate by the cops. And obviously not exactly a random stop.
Whether they were prostitutes or not is really beside the point, IMO, although I don't think that was really clarified. These women (and men) were stopped because they were suspected of being prostutes. Wearing a short skirt and carrying condoms is not evidence of prostitution. If it was, I would have been arrested multiple times in my early 20's living in NYC. It's debateable as to whether the cops had evidence prior to finding the condoms that they were prostitutes thus making the search illegal, but the fact remains that the condoms were found AFTER they were searched. And then, apparently, the condom taken away because of some magical thinking that if they don't have condoms, they won't have sex. That's just fucking stupid. These cops had to know that after they were released, assuming they were all actually arrested at all, they were just gonna go back out and work, with or without condoms (which can just be repurchased...duuuuhhh). So they've 1) wasted tax payer money (again), 2) encouraged some of these people not to carry condoms and instead just have unsafe sex thus increasing the spread of disease and pregnancy risk 3) made every woman (or man if that's your thing) in NY who wears a short skirt and practices safe sex fearful of search. How can anyone possibly support that?
A SMARTER and more cost efficiant thing to do would actually be to give them MORE condoms. You can't prevent them from going back out again, regardless of the law, but you can make it safer. But that would be logical and we can't have that now, can we?
Sabrina at March 7, 2013 6:45 AM
This may be a subtle form of gun control. Every soldier knows that fitting a condom over the barrel of your rifle is a great way to protect against dirt, dust, or moisture getting into the barrel. Given the number of troopers who used to show up at sick call a few days after pay day, that might be their primary use of condoms.
Bar Sinister at March 7, 2013 6:59 AM
@Kat: "Not to mention, the non-lubed condoms can be used to make pretty wicked slingshots, much to my parents dismay :)"
Really? I must have had a really sheltered adolescence. I won't even ask how "parents dismay" gets rolled into all this.
Old RPM Daddy (OldRPMDaddy at GMail dot com) at March 7, 2013 8:12 AM
"The New York City Department of Health has been giving away free condoms since 1971, and has made condom distribution a centerpiece of its public health program over the last six years. In 2007, the city created its very own condom: the NYC Condom, packaged with sleek black wrappers and a design that mimics the lettering found on subway signs. The Department of Health reports that it distributed 35.5 million condoms last year alone. In 2011, the city even launched an app that uses GPS technology to locate and give directions to the nearest venues that distribute free NYC condoms"
http://www.villagevoice.com/2013-03-06/news/nyc-s-condom-insanity/
So the Department of Health spends millions giving out condoms, then the NYPD confiscates those condoms and arrests people who take them.
Martin at March 7, 2013 10:33 AM
Don't forget the next few steps Martin. Now the taxpayers must pay to prosecute and incarcerate the people carrying the condoms that the taxpayers paid for. And then via public clinics they pay for the STD tests and treatments which people need because the police took away the condoms that the taxpayers paid for.
Are you dizzy yet?
I am.
Jenny Had A Chance at March 7, 2013 12:38 PM
Second - half of them were actually prostitutes then? (At least, it doesn't say how many decided not to work or got another condom somewhere). Whether you agree with that being illegal or not (I don't), that's a pretty good strike rate by the cops. And obviously not exactly a random stop.
somehow I doubt had your wife been parking her car, been snatched by cops, handcuffed, and thrown in a squad car while her purse was rifled thru without cause and arrested because she had a condom in there that you, after bailing her out of jail, would say 'Hey babe, 50/50 aint half bad, lighten up'
But then I might be wrong.
Would you say that to your wife?
lujlp at March 7, 2013 1:07 PM
Amy Alkon
https://www.advicegoddess.com/archives/2013/03/short-skirt-n-f.html#comment-3634779">comment from lujlpFirst, I don't think prostitution between consenting adults is anybody's business but those engaging in it -- unless one of them tries to rob the other one, and then it could become a police matter.
And this is absolutely not probable cause. When I was in New York, I had this funny incident when I was meeting my agent in the ground floor of my publisher's building. I got there early, and there was this beautifully dressed woman there, also for a meeting. She had a big white powdery mark (like she'd sat down on a bench with some construction substance on it) on her butt. I told her and when she couldn't get it off, I offered to brush off her butt for her, which I did -- applying water from my water bottle to get it off. Anyway, she gave me a few condoms -- she has a show at the Public Theater. So...had I been wearing what cop-nannies might deem an unsuitably short skirt, and had I been black or hispanic, I might've spent the night in jail. Probable cause? None -- in my case or that of those currently being jailed.
Amy Alkon
at March 7, 2013 1:12 PM
@Kat: "Not to mention, the non-lubed condoms can be used to make pretty wicked slingshots, much to my parents dismay :)"
Really? I must have had a really sheltered adolescence. I won't even ask how "parents dismay" gets rolled into all this.
Heh, that should have been "could be made", I grew up in the the '60's and '70's when condom's were made of much thicker stuff than now. The 'rents were not pleased when a stray shot hit my little sister in the head and required stitches. I think I was 7 and she was 4. They had the funniest looks on their faces when I told them where I found the materials for my weapon.
Kat at March 7, 2013 2:35 PM
Now what is the definition of a short skirt?
My last job was less than inch above the knee. And we had an HR manager that would try to enforce it.
Jim P. at March 7, 2013 8:07 PM
Holy Crap. The entire female population of downtown Austin and most of it's outliers would be arrestable under this. HOW are people not revolting under this????
Yeah, I think hooking ought to be legal. But even if not.....any female carrying a condom can be arrested? WTF??
momof4 at March 7, 2013 9:05 PM
First, even the writer criticising the practice can't avoid the dopey phrasing that floats around this subject. "had to engage in sex work"? If I said "despite missing my morning coffee and being tired and cranky, I still had to engage in engineering work" it would sound ridiculous.
Ltw, this is the response of someone who clearly doesn't understand the realities of sex work.
Most sex workers, particularly those who work on streets, got involved in prostitution before the age of 18. They have no education, no skills, no other means of support. Many have pimps who will beat them if they're not out there earning. So yes, in a very real sense they do have to engage in sex work. Comparing sex work to a typical job is ridiculous.
Legalization would solve many problems, but not all. There would still be illegal prostitution - those who sell sex for drugs, underage girls, and pimps who will offer better prices than a legal, regulated, self-employed woman. In any event, however, nobody should ever have to worry that protecting themselves - whether with a condom, a weapon, or by availing themselves of the protection of law - will lead to arrest.
The Jingoist at March 8, 2013 9:08 AM
And add theft to the issue. The government can't take anything without providing just compensation. Maybe these people had gotten them for free, but even so it rightfully belonged to them. Condoms are not contraband. And searching in purses goes beyond stop and frisk. Its a custodial search.
Jen at March 8, 2013 6:44 PM
The Jingoist, I doubt the majority of hookers are in the situation you describe, thats not to say none of them are mind you
But the majority arrested probably are. Such info comes from groups on taxpayer money grants, and they have a vested interest in making people think as you do in order to keep getting money for doing jack shit. Most of the funds given to such groups goes to pay the salaries of people working there and very little is ever spent to make the lives of the women given over to them better
lujlp at March 9, 2013 7:49 AM
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