New York State lawmakers are seeking to repeal a decades-old ban on sex in bathhouses and saunas, a law enacted in the 1980s amid the AIDS epidemic. State Senator Erik Bottcher and Assemblymember Tony Simone, representatives of Manhattan's west side, argue that the current legislation is outdated and no longer reflects modern public health understanding and treatment options.
The existing law states that "No establishment shall make facilities available for the purpose of sexual activities where anal intercourse, vaginal intercourse or fellatio take place. Such facilities shall constitute a threat to the public health."
Bottcher, chair of the Senate's Cities Committee, stated that "Emergency measures from another era should not become permanent public policy." He added that actions taken at the height of the AIDS crisis are out of step with current realities, as "the science has changed. Prevention has changed. Treatment has changed."
Simone echoed these sentiments, asserting that outlawing consensual sex in these venues forces gay New Yorkers "into the shadows." He emphasized that "evidence-based practices informed by the past 30 years of public health research make it clear we should repeal the ban on adult-use bathhouses and saunas." He also noted that such venues have historically served as important gathering places for the gay community before being shuttered during the AIDS epidemic.
Advocates for the repeal point to significant advancements in HIV/AIDS treatment and prevention, including PrEP, PEP, and routine testing. Dr. Demetre Daskalakis, former New York City deputy health commissioner and current chief medical officer at Callen-Lorde LGBT healthcare, endorsed the legislation. He stated that these venues can be "powerful environments for health outreach and prevention" and that bringing people together in visible settings, rather than driving them into less visible ones, can build trust and improve health outcomes.
Allen Roskoff, president of the Jim Owles Liberal LGBT Democratic Club and an LGBT activist who lost friends to AIDS, recalled bathhouses as integral to gay life in New York. He described them as places for socializing, sex, and as symbols of community, culture, and the fight for civil rights and sexual liberation. Roskoff also noted their historical role as tourist attractions and venues for political campaigning and entertainment.
However, the proposal faces opposition. Councilwoman Vickie Paladino, a Republican representing Queens, voiced concerns that repealing the ban would encourage anonymous and promiscuous sex, stating, "It's an open door. They would be ten times worse today."
More than 100,000 New Yorkers have died from AIDS-related illnesses since the epidemic began. The proposed legislation follows the COVID-19 pandemic, which resulted in over 47,000 deaths in the city. Minnesota has recently repealed its own law that barred bathhouses promoting sex among patrons.
Officials including Governor Kathy Hochul and New York City Mayor Zohran Mamdani, along with their respective health departments, have not yet issued immediate comments on the proposed legislation.