Important note: Information in this article was accurate in 1984. The state of the art may have changed since the publication date.
The New York Times - November 29, 1984
Judge Roy L. Wonder lifted the Oct. 15 temporary restraining order that closed the bathhouses. But he said bathhouse operators must hire employees to monitor sexual activity and eject patrons who engage in "high risk sexual activity" as defined by the San Francisco AIDS Foundation.
The foundation, a group formed the educate the public about the dangers of AIDS, acquired immune difficiency syndrome, defines high risk sexual activity as sex acts with multiple partners that involve the exchange of bodily fluids. Restrictions on Bathhouses
Judge Wonder ordered that doors on bathhouse booths and cubicles be removed and said proprietors could not rent private rooms unless they were licensed by the city to operate hotel rooms.
AIDS is a usually fatal disease that medical evidence suggests is spread through sexual contact. Since 1981, 817 cases have been reported in San Francisco, most of them among homosexuals, according to the San Francisco Department of Health. The Department said that 358 of the victims had died of the disease.
At a Nov. 14 hearing, attorneys representing the bathhouse owners said their clients were willing to participate in a plan that would regulate sexual contact in public areas of the bathhouses. But they said activity in private rooms and cubicles was protected by privacy rights guaranteed under the California constitution.
But Deputy City Attorney Phillip S. Ward argued that the private cubicles amounted to "revolving closed doors" where patrons participate in multiple, anonymous sexual encounters associated with the spread of AIDS.
Dr. Mervyn Silverman, the city's health director, banned high-risk sexual activity in bathhouses last April. When an undercover investigation revealed that the ban was not being enforced, Dr. Silverman ordered 14 business establishments catering to the homosexual community, including bathhouses, bookstores and movie theaters, closed as a menace to public health.
Owners of the establishments initially defied the order, arguing that there was no proof that their businesses were a source of the spread of AIDS. On Oct. 15, the city obtained a temporary court order closing the bathhouses, but the court refused to close the bookstores and theaters, citing their First Amendment rights.
Thomas Steel, an attorney representing some of the bathhouses, said that his clients are reviewing Judge Wonder's ruling to decide whether to appeal the ordered removal of cubicle doors.
841129
NYT841109
Copyright © 1984 - The New York Times Company. All Rights Reserved. All New York Times articles contained on the AEGiS web site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of The New York Times Company. You may not alter or remove any trademark, copyright or other notice from copies of the content. However, you may download articles (one machine readable copy and one print copy per page) for your personal, noncommercial use only.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, the Elton John AIDS Foundation, National Library of Medicine, and donations from users like you.
Always watch for outdated information. This article first appeared in 1984. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 1984. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .