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ARCARA v. CLOUD BOOKS

68 N.Y.2d 553 (1986)

The People of the State of New York ex rel. Richard J. Arcara, as District Attorney of Erie County, Respondent, v. Cloud Books, Inc., Doing Business as Village Book and News Store, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 18, 1986.

Attorney(s) appearing for the Case

Paul J. Cambria, Jr., and Mary Good for appellant.

Richard J. Arcara, District Attorney (John J. DeFranks and Jo W. Faber of counsel), respondent pro se.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Larry A. Sonnenshein and Leonard Koerner of counsel), for City of New York, amicus curiae.

Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

Chief Judge WACHTLER.

The District Attorney of Erie County seeks a court order closing a bookstore as a public nuisance (Public Health Law, art 23, tit II) because some patrons are using the premises to commit illegal sexual acts. The question presented is whether an order closing the bookstore, to curtail the illegal acts of customers, incidentally affects the store's constitutional right to freedom of expression...

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