Miami Herald; Saturday, October 5, 1991
Gail Epstein, Herald Staff Writer

But HRS won't be using a local "anti-AIDS" law passed with much fanfare after revelations about sexual activities at Club Body Center. Police have apparently made no effort to enforce that law.

The club, at 2991 Coral Way in Miami, was cited for the second time after a Sept. 3 health inspection revealed semen on the walls of six booths, said Morton Laitner, senior attorney for the HRS. The agency contracts with Dade County to provide health services.

Also, two HIV-positive men have given HRS sworn statements that they were propositioned or saw sexual activity in booths at the club this past summer -- all in "plain view" of Club Body Center staff.

"It's my opinion that the establishment is not utilizing proper sanitary practices," Laitner said. "Based upon the affidavits, it appears they are also allowing men to continue to have sex in the facility."

He said he will soon file a lawsuit under a state public health law prohibiting sanitary nuisances.

Laitner said the club's management had previously been working to "clean it up" and to comply with the new county law prohibiting high-risk sex in Dade's bathhouses and health clubs. The latest evidence suggests "things reverted to the way they were," he said.

"They make promises; we expect them to keep them," said Laitner. "Now is the time we stop being Mr. Nice Guy."

But Anthony Livoti Jr., the attorney for Miami's biggest gay health club, contended that Club Body Center has not broken its word about anything. He said his client has addressed each concern raised by health inspectors.

Livoti said inspectors used questionable techniques to test the club's walls for semen, possibly resulting in false positives. He also said he found the sworn statements about sexual activity "unbelievable."

"There are signs posted on doors that say 'one occupant only,' " he said. Patrons "must sign acknowledgments that no sexual activity is allowed on the premises. That's why I find this type of stuff amazing."

Miguel Chinchilla and Ivan Bernstein, the two men who gave the statements, said they want Club Body Center shut down. Both belong to the activist group ACT UP, the AIDS Coalition To Unleash Power.

"Club Body Center is a death factory," said Chinchilla, who visited the club June 11. "We are living in the middle of an epidemic, and I do not believe that a facility which facilitates high-risk behavior should be allowed to remain open."

Bernstein said he saw no condoms in a booth where he was solicited for sex on Aug. 24.

"I'm not indicting that man as much as I am the entrepreneur who's willing to capitalize on this. If you're going to provide a venue for sex, it's your responsibility as a businessman to promote safe sex."

Promoting safe sex was one of the main goals of Metro's new law. When the Metro Commission approved the measure on March 5, sponsor Joe Gersten said it would "not necessarily close any bathhouse. It will, however, lead to closing any bathhouse that allows unsafe sexual practices."

Gersten proposed the ordinance after Miami Herald articles in February described public sexual activity among Club Body Center patrons that did not involve the use of condoms.

The club calls itself a health club. Livoti calls the booths "walk-in lockers."

The ordinance prohibits having or allowing high-risk sex on the premises. It also bans holes in walls, dim lights and the sharing of private booths unless the door has a window. Repeated violations within six months can lead authorities to close down the club.

Rather than removing or cutting windows into the doors, however, Club Body Center assured inspectors it would hire monitors to keep more than one person from entering a booth at the same time. The sworn statements show that plan hasn't worked, Laitner said.

The HRS has inspected Club Body Center for compliance with lesser provisions of the law. But the law's major components -- designed to prevent unsafe sexual activities, particularly in the booths -- apparently have not been enforced, Laitner said.

HRS inspectors will not go into the club undercover "at night wearing towels" because they consider that a police role, Laitner said. His attempts to get Miami or Metro-Dade police to investigate have been unsuccessful, he said.

Miami police told Laitner they were too busy to investigate. A police spokesman said Friday he could not determine whether Miami officers have been in the facility recently. Metro-Dade police asked Laitner for information on the club, but did not follow up. In an interview Thursday, Metro spokesmen said the club is outside their jurisdiction.

Gersten was out of town and unavailable for comment. An aide, Mike Powers, said the commissioner is concerned about the enforcement problem and will ask for a Metro committee hearing.

"He wants the ordinance to have the outcome it was intended to have," Powers said.

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