By Jessica La Plante
News-Chronicle
Although a Main Street adult bookstore and motel was declared a public nuisance Wednesday, a Brown County judge won't order the owner to close his doors anytime soon.
Reaching a settlement agreement with A Main Attraction Inc., the state of Wisconsin canceled its request to have the adult bookstore and adjoining Nite Owl Motel closed for a year under public-nuisance laws.
The agreement allows Green Bay business owner William Cain to keep his store open as long as he agrees to keep lewdness out, said Brown County District Attorney John Zakowski.
In exchange for a second chance to prove compliance with city codes, Cain allowed Brown County Circuit Court Judge Sue Bischel to enter an order Wednesday finding him in violation of Green Bay's public-nuisance laws.
Last year, the state of Wisconsin filed a civil lawsuit against Cain after a 2001 undercover investigation by Green Bay police revealed customers were using the store's movie booths for masturbation and the motel parking lot for solicitation of prostitution.
Although the settlement canceled a scheduled jury trial, it could come up again in court. If customer misconduct results in any new convictions during the next year, the agreement would allow Zakowski to immediately petition the court for closure.
"Adult bookstores have First Amendment protections," Zakowski said. "If the business is conducted cleanly, in other words if you don't have masturbation or prostitution on the premises, you have the right to remain in business.
"If it happens again, then we'll act quickly to close them down. That's what the public would expect us to do."
Zakowski said the state's decision to settle was prompted by the store's cooperation with police in taking measures to prevent future acts of lewdness. He said subsequent inspections by police since the lawsuit was filed have not shown any new violations.
Cain said he has made numerous improvements to the building, especially in the "arcade" room, where his customers watch pay-per-view movies in booths.
"We're doing the best we can ... we're patrolling every 15 minutes," Cain said. Cain said he felt the terms of the settlement were fair and vowed to keep the store up to code.