ARCARA v. CLOUD BOOKS, INC.

No. 85-437.

478 U.S. 697 (1986)

ARCARA, DISTRICT ATTORNEY OF ERIE COUNTY v. CLOUD BOOKS, INC., DBA VILLAGE BOOK & NEWS STORE, ET AL.

Supreme Court of United States.

Decided July 7, 1986


Attorney(s) appearing for the Case

John J. DeFranks argued the cause for petitioner. With him on the briefs were Richard J. Arcara, pro se, and Louis A. Haremski.

Paul John Cambria, Jr., argued the cause and filed a brief for respondents.*

Steven R. Shapiro, Burt Neuborne, and Charles S. Sims filed a brief for the American Civil Liberties Union et al. as amici curiae urging affirmance.

Edward Cooper and James J. Clancy filed a brief for the city of Santa Ana, California, as amicus curiae.


CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to decide whether the First Amendment bars enforcement of a statute authorizing closure of a premises found to be used as a place for prostitution and lewdness because the premises are also used as an adult bookstore.

I

A

Respondents own and operate the "Village Books and News Store" in Kenmore, New York. The establishment characterizes itself as an "adult" bookstore...

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