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Commonwealth v. Danny's New Adam and Eve Bookstore

625 A.2d 119 (1993)

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Commonwealth v. Danny’s New Adam and Eve Bookstore

Commonwealth Court of Pennsylvania

625 A.2d 119 (1993)

Facts

Danny’s New Adam and Eve Bookstore and other adult bookstores (defendants) contained closed booths in which patrons could view sexually explicit videos. The Commonwealth of Pennsylvania (Commonwealth) (plaintiff) discovered that patrons were using the booths for sexual activity. The Commonwealth brought suit in the Philadelphia Court of Common Pleas, seeking an order directing the defendants to cease using their premises as public nuisances. The Commonwealth called expert witnesses who detailed how the sexual activity at the defendants’ stores could spread HIV and AIDS. The defendants claimed that their use of their premises did not constitute public nuisances. The trial court granted the commonwealth’s petition for a preliminary injunction, enjoining the defendants from utilizing the video-viewing booths at their stores. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Narrick, J.)

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