Friends of Ours

Mayor Bloomberg Silent On Gay Bathhouses In Meningitis Warning

Talk about the dog that didn't bark.

After a deadly outbreak of meningococcal meningitis among gay men in New York the city's health department recommended through a press release vaccinations "for men, regardless of HIV status, who regularly have intimate contact with other men met through a website, digital application ('App'), or at a bar or party."

Curiously absent in the laundry list of meeting places through which gay men apparently may hook up or otherwise engage in "intimate contact" were reputed bathhouses or other social clubs including the East Side Club and the West Side Club.  There is no evidence that any meningitis cases originated at these establishments, and perhaps there is no risk of an unfortunate case breaking out at such clubs.   Accordingly, the health department may have appropriately omitted men who attend them from its advisory.  However, given online reviews by some individuals it sounds as if "intimate contact" sometimes may occur at these places -- at least in past history -- which suggests that the health department's vaccination recommendation should be expressly expanded to include gay men who frequent the so-called baths just like any other meeting place.

The omission of the supposed bathhouses in the city's advisory is inexplicable given that health providers otherwise are aware of their existence.

Dr. Demetre C. Daskalakis, a professor at New York University's School of Medicine, "has been conducting HIV research in two Manhattan bathhouses—the East Side Club and the West Side Club—since 2006" as reported by a Jan 22. 2008 article ("Researchers Support NYC Bathhouse Regulation") for POZ Magazine:  "so far, he has tested about 1,000 MSMs [men who have sex with men] for HIV and other STDs and has referred those in need of health care to Bellevue Hospital, which is funding his studies."  A July 2, 2009 article ("HIV Testing in NYC Bathhouses") by Kristina Fiore for MedPage Today states:

As the number of HIV cases in the U.S. soars -- especially among gay and black men, and particularly in New York City -- one physician is going where few have gone before in terms of prevention efforts: straight to the late-night gay scene. Dr. Demetre Daskalakis runs the first-ever HIV testing venue at a New York bathhouse in Chelsea. * * * Daskalakis can find no better place to do his work. Today, some men come to the club just for the free test, not the sex. That, Daskalakis says, makes keeping the clinic door open into the wee hours of a Manhattan weekend morning worth it. 

Frankly, if the health department wanted to take a practical step, it would provide funding for Dr. Daskalakis to test for and administer vaccinations against meningococcal meningitis during his clinic visits to the private clubs.  However, at this point city officials won't even mention them in a freakin' press release.

Maybe it will be deja vu all over again:  silence = death.

Reputed Gay Bathhouses Remain Open In NYC

In the name of public health Nanny Bloomberg in New York City won't let his subjects gulp down a 16-ounce soda or light up a cigarette at a bar but as the HIV epidemic continues unabated it's apparently still okay to cruise for anonymous sex among the maze-like corriders of the East and West Side Clubs where gay men can rent claustrophobic cubicles for their presumed hookups.

A new study released by the Centers for Disease Control and Prevention concludes that "one in five gay men in the United States has HIV, and almost half of those who carry the virus are unaware that they are infected" as reported by Darryl Fears for The Washington Post.

And yet so-called gay bathhouses in New York City apparently remain open. 

Dr. Demetre C. Daskalakis, a professor at New York University’s School of Medicine, "has been conducting HIV research in two Manhattan bathhouses—the East Side Club and the West Side Club—since 2006" as reported by a Jan 22. 2008 article ("Researchers Support NYC Bathhouse Regulation") for POZ Magazine:  "so far, he has tested about 1,000 MSMs [men who have sex with men] for HIV and other STDs and has referred those in need of health care to Bellevue Hospital, which is funding his studies."  A July 2, 2009 article ("HIV Testing in NYC Bathhouses") by Kristina Fiore for MedPage Today states:

As the number of HIV cases in the U.S. soars -- especially among gay and black men, and particularly in New York City -- one physician is going where few have gone before in terms of prevention efforts: straight to the late-night gay scene. Dr. Demetre Daskalakis runs the first-ever HIV testing venue at a New York bathhouse in Chelsea. * * * Daskalakis can find no better place to do his work. Today, some men come to the club just for the free test, not the sex. That, Daskalakis says, makes keeping the clinic door open into the wee hours of a Manhattan weekend morning worth it. 

The preliminary results from Dr. Daskalakis's research made at a November 2007 presentation are not encouraging: "HIV positive MSM attending bathhouses represent an important group to target for HIV education and prevention since many continue to engage in high-risk sexual activities."

Apparently Mayor Bloomberg doesn't care if his gay constituents get HIV as long as they aren't fat or smell like an ashtray.

Further reading that may be of interest:

$50 Million Verdict Against NYC Gay Businessman

Robert DeBenedictis Settles Avacor Case

A class action lawsuit in California involving the hair loss remedy Avacor has been settled for $30 million as reported by Law360.  The settlement will be funded by Robert DeBenedictis according to the Avacor Class Action Website, and individuals who purchased Avacor from January 1, 2000 through April 12, 2007 while a California resident will receive a $190 cash payment.  The class members must file their claims for payment on or before December 31, 2010, and they can do so online.  Robert DeBenedictis has been involved in the gay nightlife industry in New York City since at least 1974, and among the establishments in which he has held interests are private clubs Wall Street Sauna, East Side Club and West Side Club which allegedly have been used by gay men as sex venues.

Prior Coverage:

$50M Verdict Against NYC Gay Businessman

1 In 5 Gay Men Carry HIV: Reputed Gay Bathhouses Remain Open For Business

A new study released by the Centers for Disease Control and Prevention concludes that "one in five gay men in the United States has HIV, and almost half of those who carry the virus are unaware that they are infected" as reported by Darryl Fears for The Washington Post.

Meanwhile, even as New York City aggressively exercises its nanny power in the interest of public health by banning smoking in bars and regulating the amount of fat in food, its reputed gay bathhouses remain open.  Dr. Demetre C. Daskalakis, a professor at New York University’s School of Medicine, "has been conducting HIV research in two Manhattan bathhouses—the East Side Club and the West Side Club—since 2006" as reported by a Jan 22. 2008 article ("Researchers Support NYC Bathhouse Regulation") for POZ Magazine:  "so far, he has tested about 1,000 MSMs [men who have sex with men] for HIV and other STDs and has referred those in need of health care to Bellevue Hospital, which is funding his studies."  A July 2, 2009 article ("HIV Testing in NYC Bathhouses") by Kristina Fiore for MedPage Today states:

As the number of HIV cases in the U.S. soars -- especially among gay and black men, and particularly in New York City -- one physician is going where few have gone before in terms of prevention efforts: straight to the late-night gay scene. Dr. Demetre Daskalakis runs the first-ever HIV testing venue at a New York bathhouse in Chelsea. * * * Daskalakis can find no better place to do his work. Today, some men come to the club just for the free test, not the sex. That, Daskalakis says, makes keeping the clinic door open into the wee hours of a Manhattan weekend morning worth it. 

The preliminary results from Dr. Daskalakis's research are not encouraging: "HIV positive MSM attending bathhouses represent an important group to target for HIV education and prevention since many continue to engage in high-risk sexual activities."

Plaintiffs' Firm Sued Over Att'y Fees In Tyco Case

Grant & Eisenhofer and name-partner Jay Eisenhofer have been sued by a shareholder who alleges that in settling a securities fraud class action lawsuit against Tyco International in 2007 the plaintiffs' lawyers reaped over $200 million in excess attorneys' fees in breach of an agreement with the lead plaintiff which was not disclosed to the court as reported by Daniel Fisher for Forbes.  The supposed 2004 agreement between Grant & Eisenhofer and the lead plaintiff -- the Teachers Retirement System of Louisiana -- is not included as an exhibit to Richard Gielata's lawsuit against G&E.  A lawyer representing the plaintiff assures "that he has a copy of the agreement" but a former top official from the Teachers Retirement System of Louisiana says "she has no memory of any such fee agreement" as reported by Zach Lowe for The American Lawyer.  The lawsuit was filed by Delaware lawyer Joseph Gielata -- a relative of the plaintiff -- who worked at Grant & Eisenhofer several years ago, and the firm contends that he is a "former disgruntled employee" as reported by Phil Milford for Bloomberg:  "The firm will defend the case vigorously, and its principals 'vehemently deny these accusations.'"

Another co-lead plaintiffs' counsel in the Tyco case was Milberg LLP, and in May 2006 the firm -- then in an incarnation known as Milberg Weiss Bershad & Schulman -- and several of its partners were indicted on federal charges for an alleged decades-long conspiracy pursuant to which serial plaintiffs were paid kickbacks to file securities fraud suits against publicly-traded companies.  Some heavy-weight former partners, including Mel Weiss, pleaded guilty and were jailed for their roles in the scheme, and the firm -- once dubbed the "meanest law firm" in America -- avoided prosecution by paying a $75 million fine and hiring a compliance monitor. 

Paul D. Young, a former Milberg partner who worked on the firm's lawsuit against Tyco, was sued by New York City in November 2006 for alleged criminal nuisance as the landlord to reputed gay S&M sex club  El Mirage as reported by Roger Parloff for Fortune.   Although El Mirage operated out of Young's building at 253 Houston Street, the certificate of incorporation for the club identified its principal executive office and address for service of process c/o the accounting group at 227 East 56th Street which is the same building out of which the reputed gay bathhouse East Side Club operates in which businessman Robert N. DeBenedictis has an interest.  Last November a California jury returned a verdict against DeBenedictis for over $50 million in a class action lawsuit involving his role at Global Vision Products, Inc. which until recently marketed and sold the hair loss remedy Avacor.

(Just to be clear, neither Paul D. Young nor the Tyco case were part of the allegations by federal prosecutors.)

Eisenhofer Complaint - File Stamped