The New York Times - December 7, 1985
Joyce Purnick

The city said that between Nov. 2 and Dec. 4, nine city inspectors at the bathhouse, which caters to a homosexual clientele, had seen nearly 50 acts of "unsafe sex" involving more than 80 men. Unsafe, or high-risk, sexual activity is defined in new state regulations as fellatio or anal intercourse.

As the bathhouse was shut down yesterday, a panel of the State Supreme Court's Appellate Division ruled that another facility -Plato's Retreat - could reopen as litigation continued.

Two weeks ago, the city closed Plato's Retreat, a Manhattan club frequented by heterosexuals, saying that acts of prostitution had taken place there.

'Protect the Public Health'

The New St. Marks Baths, at 6 St. Marks Place, will remain closed, under an order signed by Justice Stanley Parness of State Supreme Court in Manhattan, at least until a court hearing scheduled for next Thursday.

In the court papers, the city emphasized, as it has in the past, that it was seeking not to single out homosexuals but "to protect the public health."

Jack Stoddard, a manager of the bathhouse, called the state rules "very anti-homosexual." No decision has been made on how to proceed legally, he said.

The executive director of the New York Civil Liberties Union, Norman Siegel, said the tactic of closing the bathhouse would not stop high-risk sex and might exacerbate the problem by forcing people "underground," where it would be harder to educate them.

According to the court papers, city inspectors who went to the five-story bathhouse saw unsafe sexual acts in public areas or open cubicles.

The inspectors said that as they entered the place they were handed a condom and a pamphlet called "Your Health Is Our Concern," which contains information about sex and the fatal disorder AIDS, acquired immune deficiency syndrome.

'Ineffective' Efforts

In the court papers, the city noted that St. Marks had made efforts to educate its patrons, but called those efforts "either ineffective or disingenuous" because unsafe sex occurs in the bathhouse "on a regular basis."

Mr. Siegel said the Civil Liberties Union, which represents Plato's Retreat, would decide by tonight whether to participate in the St. Marks case.

City inspectors sought evidence of AIDS-related practices at Plato's Retreat, as they had at the bathhouse and at the Mine Shaft, a Manhattan bar catering to homosexuals that was closed last month.

Having found no evidence of high-risk sex at Plato's Retreat, the city said it had found prostitution. The Civil Liberties Union argued that the city brought the charges for political reasons, to prove it was not anti-homosexual.

Larry Levenson, the club's owner, said he was "thrilled" at the Appellate Division's decision. He said he did not know how much money had been lost in being closed for two weeks, but insisted that was unimportant. His club will reopen tonight, he said.

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