ALBANY, NY — State Senator Erik Bottcher and Assemblymember Tony Simone have introduced new state legislation, the Public Health Modernization Act, to modernize New York’s approach to adult saunas, or bathhouses, by replacing Koch-era restrictions with a regulated public health framework grounded in science, safety, and equal treatment.

 

The legislation recognizes that saunas served for decades as important gathering spaces within New York City's LGBTQ+ community before they were shuttered during the height of the HIV/AIDS epidemic as part of an unprecedented public health response. Those emergency measures were adopted at a time when little was known about HIV/AIDS and before the development of effective treatment, PrEP, PEP, routine HIV testing, and many of the prevention strategies that have transformed public health over the past four decades. The bill recognizes that while the public health landscape has changed dramatically, New York’s regulations have not.

 

“Emergency measures from another era should not become permanent public policy,” said State Senator Erik Bottcher, Chair of the Cities 1 Committee in the New York State Senate. “Actions taken at the height of the AIDS crisis are out of step with modern reality. The science has changed. Prevention has changed. Treatment has changed. It's time for our laws to change too.”

 

“The year is 2026, not 1986: evidence-based practices informed by the past 30 years of public health research make it clear we should repeal the ban on adult-use bathhouses and saunas,” said Assemblymember Tony Simone. “We all know these places exist. By banning them, predominately queer New Yorkers are being forced into the shadows. It is time to repeal the ban on adult-use bathhouses and create a safe and regulated system to protect the health and wellbeing of New Yorkers.”

 

The Public Health Modernization Act would direct the New York State Department of Health to repeal existing regulations that prohibit adult saunas. It would also require the New York State Department of Health, within 180 days, to promulgate rules and regulations establishing a public health framework governing the licensing and operation of these spaces.

 

The regulations targeted by the legislation were adopted by the New York State Department of Health in 1985. In 1986, New York City relied on those regulations to close the city’s adult saunas.

 

By allowing licensed, regulated facilities to operate under clear health and safety standards, public health agencies would have greater opportunities to provide HIV and STI prevention resources, connect patrons to testing and treatment, conduct inspections, and address legitimate health concerns. Regulated, licensed establishments offer a safer alternative than pushing activity into unregulated settings where there is little opportunity for public health engagement.

 

Many cities across the United States permit adult saunas, and this legislation comes as more cities across the country are reexamining policies enacted during the height of the HIV/AIDS epidemic. Earlier this year, Minneapolis repealed its 38-year AIDS-era ban on adult saunas. Mayor Jacob Frey signed the legislation just before the city's Pride celebration, replacing prohibition with a regulated licensing framework. San Francisco has likewise moved away from outright bans, adopting regulations that allow saunas to operate under strict public health standards.

 

“I want to thank Senator Erik Bottcher and Assembly Member Tony Simone for their leadership in introducing legislation to repeal the ban on adult saunas. These spaces have long played an important role in fostering community, connection, and belonging, particularly within LGBTQ+ communities,” said Callen-Lorde’s Chief Medical Officer Dr. Demetre Daskalakis. “My own work in these venues has shown that they can also be powerful environments for health outreach and prevention. By bringing people together rather than pushing them into less visible settings, we create opportunities to build trust and deliver services that improve health outcomes. Callen-Lorde is looking forward to working with our community and government partners to plan clinical prevention services in these venues and to further strengthen the connection between community wellness and public health.”

 

“Bottcher and Simone are to be commended for this important step forward in the AIDS response,” said Charles King, President and CEO of Housing Works. “Koch’s actions drove sex venues underground, creating more risk especially for gay and bisexual men.”
 

“For too long, New York has allowed fear from the darkest days of the HIV/AIDS epidemic to remain etched into our laws, long after the science changed. This Koch-era ban never eliminated queer sexuality—it simply pushed people into the shadows while reinforcing the harmful idea that our bodies and our intimacy deserved to be policed,” said Kei Williams, Executive Director of the NEW Pride Agenda. “The Public Health Modernization Act offers New York the opportunity to replace stigma with science and prohibition with a public health approach rooted in dignity, safety, and equality. We commend Senator Bottcher and Assemblymember Simone for their leadership in advancing this legislation.”

 

Regulated and licensed adult saunas would be a very welcome third space our community deserves,” said Amanda Babine, Executive Director of Equality New York. “In the past they have served not just as a social place but also as one where LGBTQ+ individuals could organize and become more civically engaged. We support the Public Health Modernization Act, and look forward to seeing it passed this session.”
 

“For forty years, this law prohibited places of refuge, health, and belonging for our community, and the harm fell hardest on the venues and workers with the least power to fight back. Ending this Koch-era ban would be a victory for public health and for our community and we're grateful to Senator Bottcher and Assemblymember Simone for moving this forward,” said Michael Falco, executive director of the Queer Nightlife Community Center. “The next step is to ensure that the regulatory framework that replaces it is affordable and accessible for small business owners. The goal of this repeal is not just reopening spaces, but expanding where queer people can find safety and support, and benefiting the community-rooted operators who need it most.”
 

“The Center applauds Senator Bottcher and Assemblymember Simone for their leadership in advancing legislation that replaces decades-old assumptions with evidence-based policy,” said Dr. Carla Smith, CEO of The NYC LGBT Community Center (The Center). “At a time when LGBTQ+ people face growing barriers to accessing affirming spaces, New York has the opportunity to embrace a public health model that recognizes community itself as a protective factor. The Public Health Modernization Act demonstrates how New York can honor the lessons of the HIV/AIDS epidemic while building a future rooted in equity, compassion, and the health of all New Yorkers. The Center looks forward to seeing this legislation passed so that New Yorkers can engage with services in a safe environment grounded in mutual respect rather than fear.”

 

“Repealing this archaic ban is a necessary step that will further dismantle the stigma still surrounding HIV and LGBTQ people,” said GLAAD President and CEO Sarah Kate Ellis. “This action will allow community leaders to bring PrEP, testing, and other critical health resources directly to community members. At a time when federal agencies are eliminating life-saving resources and education about HIV and public health issues, this legislation by Senator Bottcher and Assembly Member Simone will be a victory that helps keep all New Yorkers healthy and safe.”

 

“Stigma has never protected anyone. It has only made our work harder. GMHC was built on that truth, and it is why we support the Public Health Modernization Act. When people are pushed into the shadows, we lose the opportunity to reach them with HIV testing, PrEP, PEP, and the full range of care that can change the course of someone’s life,” said Michael Hester, GMHC's Co-CEO and Chief Financial Officer. "We have always known that you cannot serve people you cannot reach. We thank Senator Bottcher and Assemblymember Simone for their leadership, and GMHC looks forward to doing what we have always done: meeting our community where they are.”

 

“New York’s bathhouses were an integral part of gay life for decades," said Veteran LGBTQ+ Rights Activist Allen Roskoff, President, Jim Owles Liberal Democratic Club. "They were more than places to socialize. They were symbols of our community, our culture, and our fight for civil rights and sexual liberation. I spent much of my youth in them. Political leaders campaigned there, and entertainers like Bette Midler and Barry Manilow performed there. Gay men traveled from around the world to experience this uniquely New York institution. It’s time to shake off the fear and stigma of the past and let them reopen.”

 

The full text of Bottcher’s and Simone’s legislation is available here:  https://www.nysenate.gov/legislation/bills/2025/S10673 

 

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Bottcher represents the 47th State Senate District, and Simone represents the 75th Assembly District, which together include the historically LGBTQ+ neighborhoods of the West Village, Chelsea, Hell’s Kitchen and the Upper West Side.