Court Order to Close a Bookstore That Was a Public Nuisance

In Arcara v. Cloud Books. Inc., 68 N.Y.2d 553, 510 N.Y.S.2d 844 (1986), the District Attorney of Erie County sought a court order closing a bookstore on the grounds that it was a public nuisance because some patrons were committing sexual acts on the premises. The case reached the New York State Court of Appeals on remand from the United States Supreme Court, see, Arcara v. Cloud Books 478 U.S. 697, 92 L. Ed. 2d 568, 106 S. Ct. 3172 (1986), which had ruled that the order sought by the prosecutor, because it was aimed at curtailing illegal acts of some of the store's patrons and not at speech or expression raised no issue under the First Amendment to the Federal Constitution.