A proposal passed by the Denver City Council safety committee Wednesday would remove the city’s requirement that arrested sex workers receive testing for sexually transmitted infections. This proposal will be sent to the full council for final votes.

Kevin Kelly with the Denver Department of Public Health and Environment said Denver’s testing requirement is drastically outdated as it was written in the city code back in 1973.

“Mandating testing of STIs is something that the research really does not back up,” Kelly said. “Voluntary testing and letting people have autonomy over their bodies is a much better way to addressing sexual health.”

Under the current code, anyone arrested for buying or selling sex has seven days to get tested for STIs at one specific Denver Health clinic. The tests cost $65 each, a price established in the city code even though Denver Health provides non-sex workers with free or low-cost STI testing depending on income.

Kelly said this system presents several barriers for sex workers, as they often cannot afford the STI tests or cannot get to the clinic, which is far from the east and west ends of Colfax Avenue where most arrests take place. In addition, the testing clinic is often full and must turn people away.

Under the current system, only around 33% of arrested sex workers get tested for STIs, Kelly said. Those who don’t get tested have their names added to the Health Order In list and may be arrested again.

If the proposed ordinance is passed, the city STI testing requirement would be repealed and replaced by the state statute. The state statute does not include any specification for required testing for sex workers; however, those arrested for buying sex are still required to get tested.

“We’re focusing in on much more of a public health approach, rather than this kind of punitive approach towards specifically sex workers,” Kelly said.

Under the state statute, arrested sex workers will no longer be subjected to required STI testing. Individuals may still be ordered to get tested by the health department if the department provides medical evidence for why the testing is necessary. In these cases, individuals can challenge the order in court.

This change was suggested by a working group formed in 2019, consisting of former sex worker, city agencies and local nonprofits.

The proposed ordinance has been publicly supported by the Denver Police Department, Denver Health, City Attorney’s Office and multiple advocacy and criminal justice reform organizations. Kelly said the health department has received no opposition during its public outreach process.

One of the main goals in the proposed ordinance is also to address racial disparities in sex work. In Denver in 2019, 43% of women arrested for sex work were Black, even though Black women made up only 4.8% of Denver’s population that year, according to the health department.

“Definitely the most glaring issue with the ordinance is its disproportionate effect on Black women,” Kelly said. “By removing this mandate, we would be removing the chance of Black women being issued this mandate and subsequently arrested for it.”

Kelly said since sex workers are significantly more likely than the general population to experience violent crime, having a warrant out for their arrest due to testing failure prevents sex workers from reporting crimes committed against them.

The proposal was unanimously passed by the safety committee. It will now need to pass two full council votes in the coming weeks before being implemented.