Legal Opinion
People ex rel. Arcara v. Cloud Books, Inc.
New York Court of Appeals
Decided December 18, 1986PublishedCited by 85 opinions
1Opinion of the Court
OPINION OF THE COURT
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, so as to require the State to show that it is the only available means to abate the nuisance.
This is the second time this case has come before us. On the first…
2Cases cited8 opinions
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Arcara v. Cloud Books, Inc.Supreme Court of the United States · 1986
- People v. P. J. Video, Inc.New York Court of Appeals · 1986
- Nicholson v. State Commission on Judicial ConductNew York Court of Appeals · 1980
- Bellanca v. New York State Liquor AuthorityNew York Court of Appeals · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Immuno AG. v. Moor-JankowskiNew York Court of Appeals · 1991
- People v. HarrisNew York Court of Appeals · 1991
- O'Neill v. Oakgrove Construction, Inc.New York Court of Appeals · 1988
- People v. ScottNew York Court of Appeals · 1992
- Town of Islip v. CavigliaNew York Court of Appeals · 1989
80 more not listed; retrieve them via the Exa API.