Commonwealth v. Danny’s New Adam and Eve Bookstore

Brief Fact Summary.

The Commonwealth of Pennsylvania sued Danny’s New Adam and Eve Bookstore under claims of public nuisance after finding out that customer’s were using private booths for sexual activity.

Synopsis of Rule of Law.

A party is liable for public nuisance if the party interferes with a right common to the public.

Facts.

Danny’s New Adam and Eve Bookstore (Bookstore) had private booths where customers could view sexually explicit videos. The Commonwealth of Pennsylvania (Commonwealth) filed suit when they discovered that customers were using the booth for sexual activity. The trial court granted a preliminary injunction, preventing the Bookstore from using the video booths at their store.

Issue.

Whether a party is liable for public nuisance if the party interferes with a right common to the public?

Held.

Yes. The judgment of the trial court is affirmed. The preliminary injunction is justified because it prevents the spread of the HIV/AIDS epidemic.

Discussion.

A party is liable for public nuisance if the party interferes with a right common to the public. If a party’s conduct threatens public health, then the party can be found liable for interfering with a right common to the public.