The New York Times - November 21, 1985

New York State has empowered local health officials to close bathhouses and other places where "high-risk sexual activities" take place, and one establishment in Manhattan has been closed.

In San Francisco, Mayor Dianne Feinstein, who for nearly three years has advocated the closing of bathhouses to protect public health, met last week with the City Health Director and a member of the City Attorney's office to urge swift action against facilities that are under court order here to prevent unsafe sexual contact on their premises.

AIDS, or acquired immune deficiency syndrome, breaks down the body's immune system and leaves the victim vulnerable to a variety of deadly diseases. The spread of the AIDS virus has been tied to some sexual acts.

The City Attorney's office said last week that it would go to court to seek contempt citations against any facilities that were not complying with a judge's order to monitor sexual activity and eject patrons engaging in "high-risk sex."

'Throw the Book' at Them

Dr. David Werdegar, the City Health Director, said he hoped the court would "throw the book" at three to five establishments the City Attorney's office said were not in compliance.

In Los Angeles, the County Board of Supervisors is considering legislation that would permit the closing of the approximately 20 bathhouses catering to homosexuals and sex clubs in the greater Los Angeles area.

Last week the City Public Health Commission recommended that such an ordinance not be passed. Instead, it suggested that "new standards" providing for the elimination of high-risk sexual activities be drawn up and facilities be monitored for compliance by the County Department of Health Services.

Recently an influential homosexual political organization in Los Angeles called on owners of bathhouses, sexual massage parlors and similar facilities catering to either homosexuals or heterosexuals to voluntarily close for "the duration of the AIDS epidemic."

Craig R. Hume, a member of the board of directors of the Municipal Elections Committee of Los Angeles, the largest local homosexual and lesbian political action committee in the country, said that while the group believed homosexual bathhouses represented only a small portion of the problem, their voluntary closing was of "symbolic importance."

"It is important for the gay community to exercise responsibility in working with the nongay community in limiting the spread of the virus," Mr. Hume said. He said the recommendation was aimed at trying to solve the problem within homosexual circles to avoid intervention by government.

'Attack on Gay Life Style'

In San Francisco, a contrary position has been taken by the Committee to Preserve Our Sexual and Civil Liberties. Timothy M. Brace, chairman of the committee, said that closing the bathhouses was "never a public health issue but a political issue" that represented "an attack on gay life style."

Everyone, homosexual or heterosexual, should be concerned with practicing "safe sex" rather than focusing on the setting and site of sexual encounters, Mr. Brace said.

This city has been grappling with the issue of whether to close facilities that allow sexual activity on their premises for nearly three years. Last Nov. 28, in an action brought by 14 bathhouses, sex clubs and other facilities that had been temporarily closed by court order, Judge Roy Wonder of San Francisco Superior Court allowed the businesses to reopen with some restrictions.

Under the judge's order, renting of private rooms was forbidden except for facilities licensed as hotels. The hiring of monitors to observe activities on the premises and the expulsion of patrons engaging in high-risk sex were also ordered by the judge.

Attorneys for the businesses have appealed and requested a stay of the restrictions pending a decision. Phillip S. Ward, a lawyer for the city, has confirmed that some of the businesses were not in compliance with the restrictions and had been sent warning letters by his office. Unless the appeallate court grants a stay, Mr. Ward said the City Attorney's office would go ahead with plans to seek contempt of court citations against any business found not to be in compliance.

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