New York lawmakers introduce bill to lift 40-year ban on gay bathhouses
State senator Erik Bottcher and assembly member Tony Simone, who are both openly gay, have introduced the Public Health Modernisation Act
By Callum Wells
New York lawmakers are seeking to repeal a four-decade-old ban that effectively outlawed gay bathhouses at the height of the AIDS crisis.
State senator Erik Bottcher and assembly member Tony Simone, who are both openly gay, have introduced the Public Health Modernisation Act, would scrap the state’s 1985 prohibition on adult saunas and replace it with a licensing system overseen by the Department of Health.
The Democrats say advances in HIV prevention and treatment mean the legislation no longer reflects modern public health policy.
What is New York’s gay bathhouse ban?
The existing regulation states: “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.”
“The year is 2026, not 1986: 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,” Simone said.
“Queer New Yorkers are being forced into the shadows … we all know these places exist.”
Rather than prohibiting such venues outright, the proposed legislation would require New York State to establish a regulatory framework governing how licensed adult saunas operate. Bottcher said that approach would bring activity that already exists into a regulated environment.
Why supporters say the law should change
“Emergency measures from another era should not become permanent public policy,” he said.
“Actions taken at the height of the AIDS crisis are out of step with modern reality. The science has changed. Prevention has changed. Treatment has changed. It’s time for our laws to change too.”
The proposal has drawn support from Dr Demetre Daskalakis, chief medical officer at LGBTQ+ health provider Callen-Lorde and a former senior public health official who has spent years working on HIV prevention.
“My own work in these venues has shown that they can also be powerful environments for health outreach and prevention,” Daskalakis said.
The proposal follows similar legislative changes in Minnesota
“By bringing people together rather than pushing them into less visible settings, we create opportunities to build trust and deliver services that improve health outcomes. Callen-Lorde is looking forward to working with our community and government partners to plan clinical prevention services in these venues and to further strengthen the connection between community wellness and public health.”
The proposal follows similar legislative changes in Minnesota, which recently repealed its own bathhouse ban. If passed, New York would become the latest state to replace AIDS-era restrictions with a regulated licensing system for adult saunas.