A 1985 Macintosh computer shown above a contemporary computer workspace

A lot has changed since the 80's. New York's health code hasn't.New York's health code hasn't.

Modernization of New York's health code is long overdue, but it is not inevitable. We are doing the necessary work today to make modernization a reality tomorrow.

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“There is growing momentum for the Department of Health to replace a 40-year old relic in the code with new regulations based on current science. I'm thrilled to have an ally in this effort who can help advocate for this change from all angles.”

— State Senator Erik Bottcher
SUPPORT THE LEGISLATION✦PURSUE ADMINISTRATIVE CHANGES✦DEVELOP REPLACEMENT REGULATIONS
OUR MISSION 01

Our Mission: Modernizing government regulation to safeguard both public health and the civil liberties of consenting adults.

Our Objective: Replace New York's prohibition on adult bathhouses with effective regulations based on current science and public health standards.

A clean, modern bathhouse interior with a tiled pool and arched doorway
01

Coordinate the campaign

Coordinate legislative, administrative, legal, research, and communications work so each path strengthens the others.

02

Promote the science

Translate modern prevention, treatment, and harm-reduction evidence into standards regulators can adopt and enforce.

03

Organize the stakeholders

Bring public-health leaders, clinicians, advocates, operators, community organizations, and funders into a shared campaign.

04

Implement the modernization

Identify the state and local barriers that remain after repeal so a safe, licensed bathhouse can actually open in New York.

OUR MESSAGE 02

Modernizing the code is effective government for a healthier public.

The question is not whether safeguarding public health should be the priority. The question is whether the existing code regulations are the most effective way to do that.

THE RULE

A categorical ban, not a public-health framework.

New York’s sanitary code prohibits establishments from providing facilities for specified sexual activities and declares those facilities a public-health threat.

Read 10 NYCRR § 24-2.2 · Cornell LII ↗

Old rules deserve a fresh review.

New York’s periodic-review statute applies to rules adopted on or after its effective date, with exceptions. It is not a blanket review requirement for every older rule. We are calling for an evidence-based review of Part 24 now.

Read SAPA § 207 ↗Our research: Part 24’s history (PDF) ↗

THE SCIENCE

Modern tools work, if they reach the people who need them.

Harm reduction is already part of New York’s public-health practice. The Department of Health recognizes reducing risks from both drug-related and sexual behaviors as part of this approach. We want that principle reflected in the rules for adult bathhouses.

Source: NYS Department of Health · Harm reduction ↗
~99%

PrEP effectiveness

Reduction in the risk of getting HIV from sex when taken as prescribed.

Source: CDC ↗
0

Sexual transmissions with U=U

A person who maintains an undetectable viral load has zero risk of sexual transmission.

Source: CDC ↗
90%

Virally suppressed in care

Share of people with HIV receiving care in NYC who were virally suppressed in 2024.

Source: NYC Health ↗

THE NEED

Prevention cannot stand still.

NYC recorded 1,791 new HIV diagnoses in 2024, up 5.4% from 2023, following a 6.9% increase the year before.

Diagnoses are not the same as newly acquired infections. These figures show a prevention challenge; they do not establish that the bathhouse ban caused the increase.

New HIV diagnoses in NYC Relative change · 2022 = 100
2022
100
2023
106.9
2024
112.7

Index calculated from NYC Health’s reported annual percentage changes; rounded to one decimal.

Source: NYC Health · 2024 annual report, executive summary ↗

OUR POSITION

Replace the ban with standards that put prevention within reach.

Effective government

The Department of Health should lead an open review now—not wait for a legislative mandate. Current evidence, public input, and clear accountability should shape the replacement rules.

A healthier public

We believe licensed venues can create opportunities for outreach, testing, and connections to care. Our proposed framework would pair prevention services with sanitation, staff training, and enforceable oversight.

How we are working to make it happen
OUR STRATEGY 03

The legislation is important. But it's not the only path to, or necessity for, modernization.

It is a mistake to assume repeal of the ban is a done deal. So while we build support for the legislation, we will also pursue other paths to repeal and develop the framework for the regulations that must replace it.

LEGISLATION

Support the legislation

The Public Health Modernization Act would repeal the 1985 prohibition and require the Department of Health to establish rules for licensing and operating adult bathhouses within six months.

We are building visible support, briefing lawmakers, recruiting partners, and making the evidence-based case for passage and strong public-health standards.

Read coverage of the legislation ↗
ADMINISTRATIVE

Pursue administrative changes

The legislative process can be long and uncertain, and there's no reason to wait. Our formal rulemaking petition submitted in October urges the Department of Health to own the process and begin a public review of Part 24 the Sanitary Code now rather than wait for a legislative mandate. A second petition we submitted to the Governor requests an executive order directing the Department of Health to conduct a review.

These petitions create a public record, put modern evidence before decisionmakers, and open administrative paths to repeal while advocacy for the legislation continues.

The state sanitary code is just one of the regulatory hurdles for an adult bathhouse to clear before opening. We will identify other potential obstacles at the state and city level, such as overly restrictive building codes or zoning laws, to make sure those are cleared, as well.

REGULATIONS

Develop replacement regulations

The Public Health Modernization Act would require the Department of Health to establish rules for licensing and operating adult bathhouses within six months. That timeline makes regulatory design a present campaign responsibility—not work to begin after passage.

Our goal is a framework grounded in modern science, practical enough to implement, and strong enough to earn public trust.

CORE ELEMENTS

  • A transparent licensing process
  • Routine health and safety inspections
  • Clear sanitation and operating standards
  • On-site prevention, testing, and referrals
  • Training, incident protocols, and accountability
  • Meaningful community and operator input
OUR WORK 04

We are doing the work necessary for modernization.

OUR ASK 05

Every gift funds a key piece of the effort.

Every unrestricted gift advances the full charitable mission. These giving levels show the scale of work a donation makes possible.

$5,000

Amplify our significance

Underwrite the hiring of legal counsel and lobbyists.

Give $5,000 →
$1,000

Bolster our argument

Fund the participation and testimony of public health experts.

Give $1,000 →
$100

Build our support

Pay for campaign communications that win over public skeptics.

Give $100 →
OUR LEADERSHIP 07

Executive Director

Joe Hickerson has more than two decades of experience in research, public affairs, and business leadership.

He spent 15 years as Vice President of Research at Global Strategy Group, a national public affairs firm based in New York City with a significant client base in the city and state, from Councilmen to Governors and Senators, as well as unions, nonprofits and businesses. Among his clients was Empire State Pride Agenda, New York’s main LGBTQ+ political advocacy organization.

He also spent two years as a senior strategist for Everytown for Gun Safety, the national gun violence prevention organization, overseeing research initiatives during the 2016 election.

He has firsthand knowledge of building a business and serving a community from subsequently founding Malebox, a venue hosting private events for gay men, which he owned and operated for eight years.