The New York Times - November 7, 1985
Joyce Purnick

But by the time the state's courthouses had closed yesterday afternoon, the city had not yet acted. Harried-looking mayoral advisers were trying to determine how to proceed, given Mr. Koch's announcement at a breakfast discussion with newly elected members of the Board of Estimate.

"We now have what appears to be adequate evidence to proceed and an application will be made this morning, I believe, to the court for a close order," Mr. Koch said during the forum at the Sheraton Centre.

Judge Consulted

Later in the day, aides to the Mayor explained that since the courts were closed, they would deal directly with a judge and late last night one of Mr. Koch's advisers said that the administration was in consultation with a State Supreme Court justice. The options being examined were seeking to close the establishment outright or asking for a restraining order to bar certain sexual activities there pending a hearing.

The events yesterday were the latest in a series of shifts and changes surrounding the new state regulations designed to curb the spread of Acquired Immune Deficiency Syndrome, the disease that kills by destroying the body's ability to fight off infection.

The rules empower cities around the state to close bathhouses and other places where homosexuals congregate and where "high-risk" sex, defined as oral and anal intercourse, is found to take place.

Reversal by Koch

Last Wednesday, just hours after saying the city needed more than a week to determine how it would go about enforcing the new state rule -which he called "inadequate" - Mr. Koch announced that enforcement had already begun.

The Mayor, under public pressure and reported criticism from the State Health Commissioner, Dr. David Axelrod, that the city was moving too slowly, did not say why he had changed his mind or precisely what the enforcement measures were.

According to some of his aides, it involved inspectors seeking evidence at the bathhouses and other establishments.

A week ago the Mayor said that he would not discuss any aspect of the city's enforcement until an "interim report" was issued next Wednesday.

During the forum yesterday, Mr. Koch said the city inspectors had evidence showing that one establishment had violated the rules. The Mayor said the city was prepared to go into court immediately.

Later, when that did not happen, some aides to Mr. Koch said he had been misinformed by lawyers in the Corporation Counsel's office about how quickly the city could proceed. Others said Mr. Koch, anxious to provide newsworthy information likely to generate headlines, had spoken too soon.

On a relelated issue, Mr. Koch was asked about the growing incidence of AIDS among drug users who share needles. Initially the Mayor had said he would not pursue a proposal for over-the-counter sales of needles, now available only by prescription. Yesterday, however, he said he would ask the State Legislature to approve such sales if Governor Cuomo and Dr. Axelrod joined with him in doing so.

Last night, however, the Governor and Dr. Axelrod said they did not think the idea was feasible.

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