HomeMy WebLinkAbout2024 Issue 4 - Renton Takes Aim At Smut, The Nation Follows.pdf10 TEMPESTS IN
TEAPOTSNEWSMUSEUM
REPORT
An earlier version of this story appears on HistoryLink.org.The Renton Civic Theatre is a performing-arts venue
located in an old movie theater on South 3rd Street in
the heart of downtown Renton. Since its founding in
1987 it has presented plays, musicals, cabaret, and stand-up
comedy. For a brief period in the early 1980s, however, the
old theater offered up a different type of entertainment --
hardcore pornography. The resulting ruckus led to changes in
the city’s zoning laws and, ultimately, to a landmark decision
by the U.S. Supreme Court.
On February 25, 1986, the Supreme Court of
the United States handed down a decision affirming
the right of local jurisdictions to regulate the location of
adult-entertainment venues. The case, City of Renton vs.
Playtime Theatres, Inc., became a benchmark for local
governments seeking to curb adult entertainment and its
secondary effects.
Let’s take a look at the events leading up to the
Supreme Court’s decision.
Also In This Issue...
Continued on page 5
2 THE SEARCH
FOR A LOST
BURIAL113
RENTON HISTORICALSOCIETY & MUSEUM
Fall
September 2024
Volume 55
Number 7QUARTERLY
RENTON TAKES AIM AT SMUT; RENTON TAKES AIM AT SMUT;
THE NATION FOLLOWSTHE NATION FOLLOWS
By Eleanor Boba
2 | RENTON HISTORY MUSEUM
LAST DESCENDANT OF ERASMUS SMITHERS DIES
Ada Lou Wheeler, the last
direct descendant of Renton
founder Erasmus Smithers,
died on Sept. 12, 2023, aged
98. Ada was the daughter of
Jeannette Smithers Thorne,
granddaughter of Erasmus
and Diana Tobin Smithers.
Educated at Garfield High and
Whitman College, Wheeler
founded a one-woman
advertising and publicity
agency in the mid-1960s, a
time when the fields were
dominated by men. She
continued her business until
she retired in 2003. She was
an early supporter of the
Renton Historical Society,
assisting with fundraising
and documentation events.
HARDING FAMILY REUNION
This summer the Renton History Museum had
the honor of serving as a venue for the Harding
Family Legacy Project’s reunion of family
members. After a visit to the family plots in the
cemetery, the Hardings hosted a light lunch and
an educational afternoon in our north gallery,
sharing new discoveries in their genealogy
and connections to Renton. Descended from
Marcus and Elsie Mae Harding, some of the
earliest Black settlers in the Renton area, the
Harding family is dedicated to ensuring that
the youngest members know their history. Mr.
and Mrs. Harding arrived in King County in the
early 1900s, and he worked his way up from coal
miner to steel worker. They lived in Kennydale
for over 30 years, where they were founding
members of the local church.
“TINKER TOY” STREETLIGHT RETURNS
A new fixture on the corner of
Williams Ave. S. and S. 3rd St.
is one of Renton’s midcentury
“tinker toy” streetlights,
refurbished and dressed up
with color-changing LED
bulbs. So-called because of
their resemblance to the kids’
building toy, these lamps
were installed in Renton in
the 1960s and later removed
because of the difficulty
of maintaining them. The
new one was donated by the
Cugini family and the Renton
Municipal Arts Commission,
then improved by Western
Neon, the company that also
restored our neon Roxy sign.
MUSEUM REPORT
QUARTERLYSUMMER 2024
I’m excited to showcase the work of two local researchers
in this newsletter. Eleanor Boba is the team leader for
the Museum’s Oral History Team and she is a researcher
and writer in her own right, having published articles on
Historylink and for many other newsletters and journals.
Most recently, she wrote about the Spirit of Washington
Dinner Train in our December 2023 issue.
Her article in this newsletter about an important
Supreme Court case, Renton v. Playtime Theatres Inc.
(1986), is a topic we have wanted to explore for a long time.
This historic court case established guidelines for cities
wishing to legally zone and regulate adult entertainment
in ways consistent with the First Amendment and their
community values. It is one of Renton’s claims to national
fame, and Eleanor’s article definitely does the topic justice.
Robin Adams’ piece in our occasional series,
“Real World History,” describes her search for the grave
of one of the 1894 Franklin mine disaster’s victims, John
H. Morris. Robin is a tireless researcher, using documents
and newspapers, but also getting out and searching out
geographical features on the landscape that help explain the
lives of our ancestors. You can find the fruits of her research
on her blog, “Crows of Arroyos,” at https://batgurrl.net/, and
she is also a frequent commenter on our Facebook posts, for
the good of all.
We are lucky to work with a community of people
who are passionate about local history and willing to
share their research tangents and insights. We benefit from
their esoteric questions that help us build up our body of
knowledge; as we try to help them with their particular
topics, we learn more about Renton history and the people
who made it. And then that knowledge finds its way into
our exhibits and publications, sparking more questions in a
feedback loop that benefits everyone.
That is how local history works best: with
enthusiastic people pursuing their own unique queries and
then telling others what they find out. It’s never really done
and there’s always room for one more researcher, one more
question, and one more mystery.
by Elizabeth P. Stewart, Ph.D. Museum Director
RENTON HISTORICAL
QUARTERLY
Pritchard Design
Graphic Design & Layout
Karl Hurst
City of Renton Print &
Mail Services
MUSEUM STAFF
Elizabeth P. Stewart
Museum Director
Stephanie Snyder
Museum Office Aide
RENTON HISTORY
MUSEUM
235 MILL AVENUE S
RENTON, WA 98057
P (425) 430-6440
F (425) 255-1570
E rentonhistorymuseum
@rentonwa.gov
HOURS:
Tuesday - Saturday
10:00am - 4:00pm
ADMISSION:
$5 (Adult)
$2 (Child)
Members always FREE
Elizabeth P.
Stewart
Director
Cover photo:
In 1963 the Renton Theatre
was one of two downtown
move theaters, showing
family-friendly films.
Southcenter Mall changed all
that. (#1992.136.10575)
SPRING QUARTERLY, 2023 | 3
4 | RENTON HISTORY MUSEUM
RENTON HISTORICAL
SOCIETY MESSAGE
An Update on the Transition Timeline
Over the last two months, Renton Historical Society has built a strong foundation of
administrative infrastructure. Operating from a fully functional office space, new RHS
leadership is connected with critical partners to facilitate continuity of services.
One of RHS’s most consistent historical partners has been 4Culture, which
has funded RHS efforts through their Heritage Sustained Support grant. Over the
last several years, this relationship has been managed by Dr. Elizabeth Stewart of the
Renton History Museum, and we are grateful to her for her efforts and commitment to
supporting RHS as we take over this responsibility.
RHS is focused on developing new partnerships as well and we have grown
our relationship with the downtown Renton branch of KeyBank to ensure RHS can
securely accept donations and remit payments.
Critical to the transformation of RHS into an independent, sustainable non-
profit is the development of policies, procedures, and statements of purpose that define
the organization’s guiding principles and workflow. RHS is in the process of refining
these documents, which live in a new digital shared drive designed for ease of use and
security. New emails for RHS leadership are associated with this shared drive, and you
can now reach us at president@rentonhistory.org and treasurer@rentonhistory.org.
Currently, RHS is sorting and organizing the data within the RHS artifact
digital catalog. Once prepared, the data will migrate from a local copy at the Renton
History Museum to a cloud-based format accessible remotely.
Meet Our Director of Collections
Leigh Gath is a versatile professional with a rich background
in the theatre arts, ancestry, and museology. With a Masters’
of Library and Information Sciences with a specialization in
Museum Studies from Kent State University, Leigh combines
expertise in managing information and curating artifact
collection to offer a unique perspective in the field.
In addition to her professional museum achievements,
Leigh is a dedicated parent to two children, Katie and Arden,
and a proud dog owner of Lilly Belle. Leigh's creative side
shines through in her role as the theatre director for the
International School in Bellevue, where
she brings stories to life on stage and
contributes to the vibrant arts and youth communities. You can
reach Leigh at leigh.gath@rentonhistory.org
Mission Moment
RHS remains committed to showcasing Renton’s rich
history, and, along with the City of Renton’s Community and
Economic Development Department and the Renton Municipal
Arts Commission, we’ve pledged a substantial donation to
the preservation of the ghost murals present on the side of the
230 Main Ave S. building facing the Veterans Memorial Park
downtown. We look forward to supporting local artists in their
efforts to beautify our city through historic art!
The Renton The Renton
History Museum History Museum
acknowledges we acknowledges we
are on the unceded are on the unceded
traditional land traditional land
of the Duwamish of the Duwamish
people. A people people. A people
forced to relocate, forced to relocate,
but who have but who have
persevered.persevered.
The Museum
views the history
of Renton to
include since
time immemorial
to today and is
committed to
exploring that
through its
partnerships,
exhibits and
programs.
FALL QUARTERLY, 2024 | 5
from each other on South 3rd Street in what
was then the heart of the city's commercial
district.2 Shortly thereafter, Forbes announced his
intention to screen adult films at The Renton.3
The new ordinance, titled “Adult Retail and
Entertainment,” prohibited placement of adult
theaters within 1,000 feet of a church, park, or
residence, and within a mile of a school. The
school restriction was lowered from a mile to
1,000 feet in a 1982 amendment to the ordinance.
Nonetheless, the restrictions effectively outlawed
adult films in the business district and in all residential
neighborhoods. Defenders of the law pointed out that there
was a zone on the outskirts of town, approximately one
square mile in the industrial area south and east of Longacres
Racetrack, that would do just fine for adult entertainment.4
Roger Forbes and his longtime attorney, Jack Burns,
were aware of the Renton ordinance and prepared to fight
for their rights. Before any film was shown, they filed suit in
U.S. District Court challenging the constitutionality of the
ordinance with arguments based on the First Amendment (the
right of free speech) and the 14th Amendment (the right not
to be deprived of property without due process).
Jack Burns summed up their position: “If such
ordinances can be imposed any time city officials find
a threat of ‘moral degradation,’ they could well try
to ban the tabloid magazines that are sold at grocery
store counters. Most cities show no regard for the First
Amendment when it is politically expedient.”5
Taking It to the Streets
With encouragement from City Hall and Renton Mayor
Barbara Shinpoch, a group of residents banded together to
protest the incursion of adult entertainment into the Renton
core. Led by a young mother and community organizer,
Kathy Keolker, Citizens for a Quality Community (CQC)
held rallies, picketed the theater, circulated petitions, collected
letters of support, and kept the issue in front of the media.
Keolker remembered later that, “Anytime the city
was doing any action legally, we showed up at City Hall and
we continued to support them. We testified at City Hall all
the time. We just kind of kept the pressure on the city to keep
going because there were some city council members who
were getting kind of tired of the issue and the expense.”6
Their secret weapon? “We had a phone tree,”
Keolker said. “That was before email. We could get the phone
tree going and we could easily get 100 people at a meeting
within 24 hours if we needed it.”7
Regulating Porn
In 1981, the small but growing city of Renton (population
32,000 at the time and home to a Boeing airplane plant and
other manufacturing) took a look at the landscape of adult
entertainment. It was, by some accounts, the “golden age of
pornography,” during which professionally produced films
such as Behind the Green Door (1972) and The Devil in Miss
Jones (1973) were discussed openly and, of course, making
tons of money. With home video still in its infancy, adult
movie theaters began cropping up around the country. The
outcry against porn came from religious conservatives, in
the shape of Jerry Falwell’s Moral Majority, some (but not
all) feminist groups, President Ronald Reagan, and many
ordinary citizens. Others viewed porn as free speech, perhaps
even sex-positive.
Many jurisdictions found themselves dealing not
only with community disapproval of obscenity, but with what
were termed the “secondary effects” of adult entertainment:
blighted areas of adult bookstores, dance clubs, peep shows,
and other unsavory establishments, which lowered property
values and increased crime or the perception of it.1
In some cities, including Seattle and Boston, the
solution was to circumscribe the area in which such activities
would be allowed. (In Seattle it was 1st Avenue downtown.)
In others, notably Detroit, authorities opted to require that
such facilities be dispersed throughout the city. The Detroit
ordinance was defended successfully before the Supreme
Court in 1976, the Court’s first recognition of zoning laws.
That case, Young v. American Mini Theatres, Inc., would
become key to the argument for the Renton ordinance.
Renton decided to get out in front of the problem;
City Ordinance No. 3526 was passed on April 13, 1981,
before any adult movies were shown in the city. Perhaps
there had been rumors. Perhaps it was coincidence that by the
end of the year porn mogul Roger Forbes and his business,
Playtime Theatres, Inc., had acquired the use of two vacant
movie houses, The Renton and The Roxy, across the street
Continued from page 1
Renton Theatre marquee advertising adults-only
movies. (#1993.127.0062a)
Continued on page 6
6 | RENTON HISTORY MUSEUM
Folks were drawn to the movement for a variety of
reasons. Some were religious conservatives; some business
owners were concerned about property values. Others were
concerned about the effects on children who might pass the
theater on the way to nearby schools. Some feminists saw
porn as exploitation of women. Keolker had to work to keep
the focus on zoning as the issue in question.
Taking It to the Courts
The fight over adult movies in Renton unfolded on two
tracks: the city, with the help of the CQC, took a stand on
its zoning ordinance, insisting that the issue was not one
of limiting free expression, but rather one of protecting the
interests of the community from the secondary effects of
pornography. This was the city's stance as the Playtime case
wound its way through the federal courts.
Parallel to the federal court case, when Roger Forbes
defied the ordinance by showing films like Debbie Does
Dallas (1978) and Deep Throat (1972), the city went to King
County Superior Court in the spring of 1984 seeking an
injunction against him.
Superior Court: Judging Obscenity
Unlike the federal case, the Superior Court case turned on
the definition of obscenity. A decade earlier in Miller v.
California (1973) the majority in the U.S. Supreme Court
had formulated a three-part test for identifying obscene
materials: if they appealed to a “prurient interest,” if they
“depict[ed] or describe[d], in a patently offensive way, sexual
conduct,” and also lacked “serious literary, artistic, political,
or scientific value.”8 The exact interpretation of this test was
left to local jurisdictions.
Larry Warren was the city’s lead attorney at the time.
Later he recalled how the city's request for an injunction
turned into a full-blown obscenity trial when Superior Court
Judge Nancy Ann Holman decided to seat an advisory
(non-binding) jury. If the jurors found the films obscene, the
movies would not be entitled to First Amendment protection,
or so the argument went. To make the determination, the
Roger Forbes posed in front of the Renton Theatre, 1984. (Photo
by Mark Morris, Renton Reporter Collection, #2019.007.287)
City Attorney Larry Warren later recalled that he and Renton
Mayor Barbara Shinpoch “spent a lot of time talking tactics on
how to handle lawsuits… and the appeals.” (Renton Reporter
Collection, #2019.007.009)
FALL QUARTERLY, 2024 | 7
jurors were treated to a full viewing of ten pornographic films
in Roger Forbes’s catalog.10
Warren vividly remembered the spectacle: “The
jurors were taken down by bus and they parked over at the
old City Hall parking lot. They walked down to The Renton
Theater and were met on the way by television cameras, and
they were hiding their faces. I took note of that because it
became a key part of my final argument, and then we went
into the theater and they had to watch the ten movies. It took
three and a half days.
“They filed into the theater just as if they were going
into a jury box. And after the first movie they scattered: the
older ladies went as far away as they could into one corner.
The younger men went one direction. The older men went
in another direction. There was a couple that hovered in the
middle who didn't know who they wanted to be with, which I
thought was telling.”11
Having slogged through 10 blue movies and
reviewing the definition of obscenity as outlined in Miller v.
California, the advisory panel found four of the 10 obscene.
Judge Holman went one better and declared that, as there was
little difference in the films, all were obscene. Her judgment,
in March 1984, became the basis for an injunction against
Forbes that was granted that May.12
A Federal Case
Meanwhile, back in federal district court, Judge Walter T.
McGovern ruled the Renton ordinance constitutional in
February 1983, but it was a short-lived victory for the city.
A year later Roger Forbes won a hearing before the Ninth
Circuit Court of Appeals. Larry Warren argued the case for
the city, inviting his wife and son to watch. It was, he said,
a “bloody slaughter.”13 The three-judge panel, sitting in
Seattle, struck down the ordinance on November 28, 1984,
questioning Renton's motives for wishing to ban adult movies.
Stung by the defeat at the
Ninth Circuit, the city turned to
the court of last resort, submitting
a petition for a writ of certiorari,
or a request to review, to the
Supreme Court of the United
States. Of thousands of such
requests made each year, the
Supreme Court agrees to hear
approximately two percent.
Renton made the cut; oral
arguments were scheduled for
November 12, 1985.
Larry Warren and his team made a decision to hire
a Washington, D.C.-based attorney experienced in arguing
before the high court, E. Barrett Prettyman, Jr.14
Arriving at the Supreme Court Building, Warren
found it filled with would-be spectators. Kathy Keolker and
representatives of CQC were in attendance, as was Roger
Forbes. In accordance with standard procedure, each side
was given half an hour to make its case, with the city, as the
petitioning party, going first. Prettyman argued the city’s case
and Jack Burns laid out the case for Forbes.
The
justices focused
a great deal of
attention on the
possibility of
Kathy Keolker
was a wife
and mother
when this issue
launched her
involvement
in local
government.
(Record-
Chronicle, 9
November
1982.)
After an anti-pornography rally
at Renton High School, nearly
100 people picketed Forbes’s
theaters in Renton in January
1982. (Published in the Record-
Chronicle, 29 January 1982.)
8 | RENTON HISTORY MUSEUM
alternative siting for an adult theater. Jack Burns responded
by suggesting that Renton was jumping to conclusions about
the effects of a single theater in the city and that specific
problems, such as traffic or transients, could be dealt with if
and when they occurred. “I think we have to ... solve these
problems that deal with First Amendment concerns by the
least intrusive means,” Burns argued. “You do not take a
sledgehammer when a scalpel will do.”15
Warren recalled the moment he believes the case
turned in Renton’s favor: “Burns said that we were talking
about the negative secondary effects of these films, but [he
argued] that there really were no negative secondary effects.
‘You know, the people who go in to see those movies are
really no different than you or I,’ and two or three of the
Justices said ‘Oh no, not me!’ And he just totally lost them
right there.
“We knew we’d lost [Justices] Brennan and Marshall
before we ever went into court, because they always voted the
most expansive way they could on the First Amendment. So
we had to get five of the remaining seven. And we're counting
people. And I said, ‘I think we got six.’ And somebody said,
‘We might even have gotten seven.’”16
“Time, Place, and Manner”
In fact, the Court’s decision, handed down on February
25, 1986, was split, with six in favor of Renton’s case, one
concurring, and two opposed—in effect, a seven-to-two
decision.17 The constitutionality of the ordinance was upheld
and the right of municipalities to regulate the siting of adult
entertainment was affirmed.
Justice William Rehnquist penned the majority
opinion. Citing the 1976 Detroit case, Rehnquist wrote:
“The Renton ordinance, like the one in American
Mini Theatres, does not ban adult theaters altogether
... [It] is therefore properly analyzed as a form of
time, place, and manner regulation ... [Such] so-called
‘content-neutral’ time, place, and manner regulations
are acceptable so long as they are designed to serve a
substantial governmental interest and do not unreasonably
limit alternative avenues of communication.”18
The Court’s majority agreed with the city’s
arguments that the ordinance was not an assault on free
speech since there were alternative locations where adult
films could be shown, i.e. the industrial area on the outskirts
of town. The ordinance was “designed to serve a substantial
government interest” in preserving the quality of life for
residents. It was “content-neutral,” because it targeted the
“secondary effects” of adult theaters on the surrounding
community, not the films themselves. Further, the Court
Renton’s reputation as a wide-open city sometimes
conflicted with its desire to attract families and workers.
Bars like Toodie Twill’s advertised “topless go-go girls” and
“exotic dancers,” ca. 1973 – 1974. (#2023.003.013)
Kathy Keolker, then-Coordinator of Citizens for a Quality
Community, cautiously rejected theater-owner Roger
Forbes’s gift of chocolates, to avoid the appearance of a
conflict of interest. (#1993.127.0031)
FALL QUARTERLY, 2024 | 9
affirmed that Renton need not have conducted studies of
secondary effects, but could rely on such studies conducted in
other places.
As Warren predicted, Justices William Brennan and
Thurgood Marshall disagreed with the majority, contending
that the ordinance was not “content-neutral,” but, in fact,
targeted a specific form of speech.
Larry Warren heard of the Court's decision when
he was contacted by a reporter at home in the wee hours of
the morning. Asked for a statement, he replied “Well, my
statement is: I’m very pleased!”19
The Aftermath
As news of the city’s victory spread, a number of other
jurisdictions called upon Warren and his staff for advice
on moving forward with ordinances of their own. Local
cities, including Des Moines, Kent, Everett, Redmond, and
Bellevue, had kept a close eye on the case.20
Roger Forbes gave up his interest in the Renton
and Roxy Theaters but continued his business operations
elsewhere, focusing on live entertainment. As of 2018 he
was a partner in Déjà Vu, the self-proclaimed “#1 Erotic
Entertainment Chain in the World.” He also battled the City
of Seattle to be allowed to develop a property he owned on
Seattle's 1st Avenue, the historic Showbox Theater, which he
planned to sell to a Canadian developer. He retired sometime
before 2023.21
The performing arts organization Renton Civic
Theatre leased the boarded-up Renton Theater building
in 1987, shortly after the Playtime case; the not-for-profit
organization purchased the theater in 1993 and restored its art
deco lobby. The Roxy is currently being used as a church.
Kathy Keolker was elected to the Renton City
Council in 1983 and went on to serve as Renton’s mayor
from 2004 through 2007. One of her proudest memories is of
attending the Supreme Court hearing in 1985: “Getting to see
the culmination of all these years of work, it was just such an
emotional moment.”22 Larry Warren retired from the city in
the spring of 2018 after 43 years of service to Renton.
City of Renton v. Playtime Theatres, Inc. remains
on the books and continues to be widely cited. Together
with Young v. American Mini Theatres Inc. (1976), Renton
v. Playtime established reliable legal guidelines for cities
wishing to appropriately zone adults-only entertainment.
As long as a city demonstrated a substantial public interest
in regulating X-rated theaters, it could rely on other cities’
studies to argue the unhealthy secondary effects of such
businesses. The Renton case provided municipalities with
tools to address the proliferation in the 1970s and 1980s
of adult theaters, bookstores, and live entertainment, while
preserving the country’s interest in free speech.23
The city of Renton has tripled in size since the
Playtime Theatres case, to a population of more than 100,000.
No one has taken up the offer to show adult movies in the
unrestricted zone, although one can find other forms of
adult entertainment there.24 Meanwhile, adults-only movie
theaters have largely given way to home viewing options.
From videocassettes to DVDs to online streaming, smut has
changed with the times. Larry Warren summed it up this way:
“My joke at the end of this all was that the city
ended up killing a corpse with a golden bullet, because we
spent so much money on [regulating] theaters and by the time
we got done, everything was on [video] cassette tapes. Why
go to a grimy theater? But by then… you know, the train had
left the station and we had to defend ourselves. But still it
was… a dead industry.”25
The Supreme Court oral arguments in the case can be
heard online.26
1 The notion of the unhealthy secondary effects of adult entertainment would
become important to the success of Renton’s ordinance. The concept was
based on a study conducted by the Los Angeles Police Department between
1965 and 1975 and published in 1977, showing that crimes such as robbery
and prostitution grew much faster in Hollywood than in other areas without
adult entertainment. Other cities followed with their own studies. See Britt
Cramer, “Zoning Adult Businesses: Evaluating the Secondary Effects
Doctrine,” Discussion Paper No. 48, January 2013, Harvard John M. Olin
Fellow’s Discussion Paper Series, access at http://www.law.harvard.edu/
programs/olin_center/fellows_papers/pdf/Cramer_48.pdf, 13 August 2024.
2 The Renton and Roxy were venerable theaters built in the 1920s and 1930s.
Benjamin Fey’s Renton Theater opened in the Argano Building in early
1925 and at one point was called the Rainier Theater; the Renton showed
silent movies, with piano accompaniment. In 1936 Fey opened the newly
constructed Roxy Theater across the street. (The Fey family also owned a
third Renton theater, the Grand, for a time.) In 1978 son Erwin Fey sold
the theaters to Bob and Ella McRae, stipulating no adult films could be
shown, but competition from Southcenter Mall, which had opened in 1968,
made it difficult to attract shoppers and movie-goers downtown, and movie
exhibitors looked for other ways to turn a profit.
3 John Hartl, “Roger Forbes Buys Theater in Redmond,” Seattle Times, 31
December 1981, p.E6.
4 Eric Pryne, “Forbes to Close Renton Adult Theater,” Seattle Times, 12
November 1985, p.A1.
5 Philip Hager, “Important Guidelines Expected: High Court to Rule on Adult
Business Zoning,” Los Angeles Times, 22 February 1986.
6 Eleanor Boba interview with Kathy Keolker, 17 October 2018 (Collection of
the author).
7 Ibid.
8 Miller v. California, 413 U.S. 15 (1973).
9 Warren & Kellogg, the law firm of Larry Warren and Dan Kellogg,
contracted with the City for attorney’s services during this period. Dan
Kellogg also worked on the Playtime case.
10 Tom Kathy, “Jury to View Films Shown at Renton Theater,” Seattle Times, 8
September 1983, p.24; Julie Emery and Dee Norton, “Jury Splits on X-Rated
Films in Renton,” Seattle Times, 24 January 1984, p.10.
11 Eleanor Boba interview with Larry Warren, 17 October 2018
(#2018.015.006, Collection of the Renton History Museum).
12 Julie Emery and Dee Norton, “Jury Splits on X-Rated Films in Renton,”
Seattle Times, 24 January 1984, p.10; Tomas Guillen, “Renton Wins Suit
Against Adult Theater,” Seattle Times, 10 March 1984, p.1; Julie Emery,
“Renton to Continue Adult-Film Battle,” Seattle Times, 14 March 1984,
p.21.
13 Warren interview.
14 Prettyman Jr. had earned a reputation as a tough talker when negotiating the
release of American prisoners from Cuban jails following the disastrous Bay
of Pigs invasion in 1962; more recently, he had served as the lead attorney in
the U.S. House of Representatives investigation of the Abscam congressional
bribery scandal in 1981.
15 The entire transcript of the oral arguments can be heard on Oyez.org -
https://www.oyez.org/cases/1985/84-1360. This quotation can be heard at the
29:18 mark.
10 | RENTON HISTORY MUSEUM
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Fax: 425.255.1570
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16 Warren interview.
17 Justice Harry Blackmun concurred with the majority, meaning he agreed
with the outcome but for different reasons.
18 City of Renton v. Playtime Theatres Inc., 475 U.S. 41 (1986).
19 Warren interview.
20 Julie Emery, “Renton to Continue Adult-Film Battle,” Seattle Times, 14
March 1984, p.21.
21 Eric Pryne, “Forbes to Close Renton Adult Theater,” Seattle Times, 12
November 1985, p.A1; “X-Rated Movies—Community Judgment Swifter
Than the Court’s,” Seattle Times, 26 November 1985, p.A8; Erica C.
Barnett, “The Latest Battle Over the Showbox,” Seattle Magazine, 20 June
2019, accessed at https://seattlemag.com/latest-battle-over-showbox/, 8
August 2024. After the arguments were complete, Forbes claimed he would
have closed the theaters in 1984 if not for the Supreme Court case, mostly
because attendance was too low to make them profitable.
22 Keolker interview.
23 Alan C. Weinstein, “The Renton Decision: A New Standard for Adult
Business Regulation,” Journal of Urban and Contemporary Law (1987),
vol. 32, p.111-119, accessed at https://journals.library.wustl.edu/urbanlaw/
article/8460/galley/25293/view/, 14 August 2024.
24 Mike Lindblom, “Renton Weighs Establishing an X-Rated Zone,” Renton
Reporter, 11 June 1999, p. B1; Celeste Gracey, “Church Group Takes Stand
Against Strip Clubs in Renton,” Renton Reporter, 23 March 2010, p.A1.
25 Warren interview.
26 See www.oyez.org/cases/1985/84-1360.
You’ve heard of the Boston Tea Party – but that wasn’t
the only tea-related event that sparked the American
Revolution 250 years ago. In the year or two before the
Declaration of Independence was signed in 1776, all sorts
of revolutionary “tea parties” were taking place up and down
the Atlantic Seaboard.
Join presenter Barbara McMichael at the Renton
History Museum on Thursday, September 19, at 4 p.m. for
“Tempests in Teapots,” an engaging, interactive history
presentation and tea-tasting event that will shed light on how
a simple temperance beverage – and all the people who loved
to drink it – raised tempers enough to brew a revolution.
This event is suitable for ages 13 and up, and
it is free. This project is sponsored by a grant from the
Renton Municipal Arts
Commission, with the
support of the Renton
History Museum.
However, space
is limited and advance
registration is required.
Please register at
Eventbrite at https://www.
eventbrite.com/e/tempests-
in-teapots-at-the-renton-
history-museum-tickets-
1004013791277?aff=oddtd
tcreator.
TEMPESTS IN TEAPOTS WITH BARBARA McMICHAEL
FALL QUARTERLY, 2024 | 11
THE SEARCH FOR A LOST BURIAL
AT CEDAR MOUNTAIN
By Robin Adams
A mystery surrounds the last resting place of a miner,
John Morris, who died in the 1894 Franklin coal
mine accident. Born in Wales in 1850, at his death
by asphyxiation, he left a wife, Rachael, and four children.
We can find all the other miners’ graves, except his. They are
buried in the cemeteries of Franklin, Black Diamond, Renton,
Seattle, and Kent.
A newspaper article documents where the Franklin
disaster miners were buried. The Seattle Post-Intelligencer
on August 27, 1894,
goes into detail of
the funerals and the
locations. It states
that John Morris
was buried at Cedar
Mountain and the
town turned out en
masse to mourn him.
The building
with the X on the far
left (below) is the
company store. It is
next to the railroad
which is now the
Cedar River Trail.
The row of homes
across from the store is where Hwy 169 is located. Every
time we use the highway we drive right over Cedar Mountain.
Research has brought several theories on where John
Morris’ final resting place is. The State of Washington lists
the location as unknown. They note that he was likely buried
on his homestead by Lake Kathleen. My search has taken me
to the one remaining undeveloped area within his homestead.
That owner told me he has owned the property for decades
and never found a grave. Another issue with this location is
how difficult it would be for a horse-drawn wagon to navigate
a steep road built in 1887.
The other place we have searched is on the west hill
above Cedar Mountain. This area was also serviced by a steep
dirt road that was built in 1885. Is he up there?
The family of John Morris searched for decades to
find his grave. Rumor has it they found him in the 1990s.
However, that information is now lost in time.
Another bit of history is that Mr. Morris’ grandson
was one of the “Boys in the Boat” who won the rowing
gold medal at the 1936 Olympics. So much history encircles
this family.
Several of us history researchers continue to pursue
new leads and search the old, deserted roads in the woods.
The hope is we will one day solve the mystery of where John
Morris is buried.
Cedar Mountain
today is a ghost
town with no
original buildings
left standing. Here is
how Cedar Mountain
looked in 1889. (Photo
courtesy of the
Renton Museum.)
RENTON HISTORY MUSEUM
235 Mill Ave. S
Renton, WA 98057
Citizens for a Quality Community used this map to demonstrate the adult theater’s proximity to residential neighborhoods (blue) and
schools and churches (yellow). The theater is outlined in red. (#1993.127.0030)