Zohran Mamdani didn’t clarify his position on decriminalizing prostitution when asked about it at an unrelated press conference Monday morning. It’s an issue his opponents have repeatedly used against him, though his mayoral campaign hasn’t focused on it at all.
Mayor Eric Adams and former Gov. Andrew Cuomo have attacked the 33-year-old Democratic socialist in recent months for his history of supporting the decriminalization of sex work between consenting adults. Seeking an edge against Mamdani, the race’s front-runner, the two independent candidates have repeatedly claimed that decriminalization or legalization would harm women and increase crime. Both have made appeals to Muslim voters, arguing that Mamdani’s stance is antithetical to their faith. Most recently, that included a video from Cuomo’s campaign showing the former governor in a mosque challenging a Muslim New Yorker who’d claimed Mamdani would never support the legalization of prostitution.
Mamdani, who is Muslim, has not talked about sex work as a mayoral candidate unless prompted – and even then he’s been vague on specifics – but it was a topic he ran on during his 2020 Assembly bid. He’s also a co-sponsor for legislation known as “Cecilia’s Law,” which would decriminalize certain prostitution offenses across the state.
Asked Monday about the Cuomo campaign video and to clarify his position, Mamdani said he has never supported the legalization of prostitution, condemning Cuomo for using what limited time he’s spent in mosques for lecturing instead of listening. In terms of specific policies, he did not expound on where he currently stands on decriminalization. Instead, he emphasized that his “intended outcome is public safety” and that he supports former Mayor Bill de Blasio’s approach to the issue – something he’s said previously. Under de Blasio’s administration, the New York City Police Department reduced arrests on prostitution charges, offered support services to sex workers, and in his final months of office, pushed for statewide decriminalization of sex work. Mamdani did not say which specific policy aspects he was referencing.
“What we’ve seen from the previous administration is an understanding that the responses that have to be taken into account have much more to do with things beyond the question of an individual sex worker and through the larger system around that,” Mamdani said.
Legalization versus decriminalization
Decriminalizing prostitution and legalizing prostitution are two different things, though they are often blurred together in debate. To break the two approaches down, legalizing prostitution would mean creating a set of laws, regulations and codes to set up a legitimate industry, and that people who buy or sell sex outside of those rules would be breaking the law. Decriminalizing prostitution would remove criminal penalties for sex workers and buyers who engage in consensual sex – though more limited models are also possible.
Compare the difference to the decriminalization and eventual legalization of cannabis in the state. Initially, New York decriminalized possession of small amounts of marijuana in 1977 – treating any infringements as a violation instead of a crime – then expanding this amount again in 2019. In 2021, Cuomo, then the governor, signed legislation that legalized recreational cannabis use, creating a new industry complete with rules, a frenzy to get licenses, and an influx of new recreational dispensaries. In the context of prostitution, this in theory could mean brothels are legalized, but they are only allowed to operate within specific hours. Or perhaps that only legal citizens are allowed to work – again creating another avenue of underground sex work where victims fear coming forward.
Safety – both for sex workers and the public at large – is at the core of the long-running debate over whether prostitution should remain criminalized or either be legalized or decriminalized. While the warring sides are by no means a monolith, supporters have argued that decriminalization and legalization protects sex workers as the threat of criminal penalties can be a huge deterrent to them seeking help if they are being harmed or exploited. Critics meanwhile have argued that either of those approaches would fuel human trafficking and sex tourism while also compounding other social issues like drug sales, violence and gang activity.
For those pushing for decriminalization, a major legislative win came in 2021 when lawmakers voted to repeal a law that made loitering for the purposes of prostitution a crime. (Cuomo signed this and has downplayed it while attacking Mamdani for supporting the decriminalization of sex work).
Other proposed legislative approaches have continued to largely fall under the umbrella of decriminalization – not full legalization. There are currently two main bills subject to debate. Cecilia’s Law – dubbed the Stop Violence in the Sex Trade Act during previous legislative sessions – would remove criminal penalties for sex workers, clients and managers while continuing to uphold protections for minors and trafficking victims. While Mamdani is listed as a co-sponsor, the measure is sponsored by state Sen. Julia Salazar and Assembly Member Phara Souffrant Forrest. The other bill, sponsored by state Sen. Liz Krueger and known as the Sex Trade Survivors Justice and Equality Act, would decriminalize prostitution only for sex workers – not clients or managers. Opinion is split somewhat between these two approaches, though many advocates have called for full decriminalization.
With reporting from Annie McDonough
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