Advocates Sought Repeal of 1985 State Sex Code

New Yorkers for a Modern Health Code petitioned the governor to strike down a state law that bans sexual activity in businesses.

Updated on Oct. 14, 2026 in Sexual Health

Advocates Sought Repeal of 1985 State Sex Code

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Should states repeal outdated business health codes when medical data shows HIV transmission risks have decreased?

Activists have petitioned Governor Kathy Hochul to repeal a 1985 health code that bans oral, anal, and vaginal sex within New York businesses. State lawmakers have also introduced the Public Health Modernization Act to overturn the policy, arguing it is antiquated.

Why it matters

The 1985 code was originally implemented to curb HIV transmission, but advocates argue it is obsolete due to modern medical advancements. They contend that current HIV prevention tools render the restrictive measures unnecessary for public safety.

Medical research indicates that PrEP reduces the risk of sexually acquired HIV by 99 percent, a significant shift from the environment in 1985. The state code remains in effect four decades after it was initially used to shutter various venues.

The players

Kathy Hochul

She is the current Governor of New York who oversees state agency rule-making and executive orders.

Erik Bottcher

He is a New York State Senator who has worked to draft legislation aimed at modernizing public health codes.

Tony Simone

He is a New York State Assemblymember who is co-sponsoring legislation to repeal the 1985 health code.

New York State Department of Health AIDS Institute

This state agency focuses on HIV and AIDS prevention, treatment, and public policy in New York.

The details

The state health code is enforced through inspections and nuisance abatement lawsuits that can result in permanent business closures. Historically, venues like bathhouses required sex to occur only in private rooms to avoid these legal actions.

The New York state health code banning sex in businesses was enacted in 1985.
The health code was amended to include a ban on vaginal sex in 1994.
The AIDS Institute endorsed the concept of undetectable equals untransmittable in 2018.
Governor Hochul signed an executive order regarding rule reviews in July 2026.
The state health department and governor did not respond to requests for comment on October 14, 2026.

Health Landscape

The effort to repeal the 1985 New York state health code represents a broader push to align administrative regulations with contemporary advancements in HIV prevention. This move reflects a wider trend of re-evaluating legacy policies that were established before the efficacy of modern treatment protocols was fully understood.

The potential repeal of the 1985 health code would remove the threat of nuisance abatement lawsuits against specific business venues. For the average person, this change aligns the state legal framework with modern medical standards regarding HIV risk reduction.

The takeaway

The proposed legislative changes reflect a shift in public health priorities toward evidence-based outcomes rather than legacy moral codes. Residents interested in the outcome can monitor upcoming legislative sessions for updates on the Public Health Modernization Act.