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HomeMy WebLinkAboutPlaytime Theaters - Correspondence (1980-1983) wins Renton A 10 The Seattle Times Satt suit Renton wins theater suit adult theater RENTON continued from Page 1 pointed out that adult-movie houses by Tomas Guillen pleased with the City Council. It's are inclined to attract an undesirable crowd and crime that can lead to the Times staff reporter absolute elation." deterioration of the neighborhood. The decision basically says that the In the 90-page ruling, Holman Renton has a right to use a zoning theater's X-rated fare violates the city's wrote: ordinance to keep sexually explicit ordinance and the court can issue an "For a small commercial area, theaters out of certain areas, King order to stop the showing of the movies, the impact of one theater of this County Superior Court Judge Nancy Ann said Warren, adding that the city will nature certainly can be deemed to Holman ruled yesterday. now put together all the paperwork for alter the atmosphere of the neighbor- The judge's decision late yesterday the injunction which will force the hood, is likely to affect property was a major defeat for Roger Forbes, theater to change films. values, deter residents from remain- who owns the Renton Theater,which the Neither Forbes nor his attorney ing and adversely will impact crimi- city is trying to regulate. could be reached for a comment last nal activity . . . Renton is entitled to "We're ail elated. It's been two years night. take defensive note of the common of very difficult work. It looks like a In her brief, Holman ruled that experiences of other communities total victory," said Larry Warren, Ren- Renton can use a zoning ordinance to j ton city attorney. "It's about as uncondi- preserve a certain "quality of a neigh- To more specifically illustrate tional a victory as I can imagine getting. borhood." The theater is in a neighbor- her concern over the location of the I don't see any qualifications. I think the hood near downtown made up of homes, l theater, the judge used the film city has been totally vindicated in its schools and churches. "Debbie Does Dallas" as an exam- approach." In support of the ruling,. Holman pie. The film was one of several "I don't have words to describe how found obscene by a 12-member proud we are of our attorneys," added Please see RENTON on A 10 advisoryjury, which viewed 10 X- Renton Mayor Barbara Shinpoch. "I'm rated films in January to help the judge arrive at a decision. The judge points out that the film "focused upon sex in many forms by older married men with teenage girls . . . . These young adolescent girls are portrayed as highly preco- cious sexually and engage in various money transactions designed to as- sist them in accompanying the foot- ball team to a game in Dallas. "The tone of the film projects a message that these young women are sexually available. . . . One need not be particularly imaginative to see that films of this particular nature are not suitable in the vicinity of a high school or an elementary school." In addition, the judge wrote: "No matter what restraint has been exercised with respect to ad- vertising, the titles of the films on the marquee proclaim a glaringly outrageous presence virtually around the corner from St. Anthony's Church and parochial school, the Renton Latter Day Saint's Church, the King Baptist Church, the Chris- tian Science Church, the Renton Lutheran Church, Awareness of Life Church, the Renton High School and single-family and multiple-family housing. "In an era in which the commu- nity has increasingly demanded high- er standards of environmental qual- ity as to visual, olfactory and other physical attributes — signing, archi- tecture, limitations upon manufac- turing and production and controls upon aesthetic pollution, as well as. substance pollution — the presence of an adult motion-picture theater which exhibits sexually explicit films of this nature can likewise be considered to violate not only a moral, but aesthetic standard . . . ," the judge wrote. I uegivesvictory o Porn foes .. .B) KEITH ERVIN r ,,,i.,, an JAN HINMAN " St IT Reporters '' . .tbilation erupted in Renton City Hall an in the homes of anti-pornography •.. ac vists Friday as word spread that a - - fet .ral court judge had upheld Renton's ad It-movie zoning ordinance. I nder U.S.District Court Judge Walter • 40,0 Mc ,overn's ruling,the citycan prevent P Ro er Forbes from continuingto show X- a La �"�"� ' rat d films at the Renton Theater on a """r' �w,,� x '�` re f oar basis. i )wever, the court ruling doesn't ` me n the adult movies can be stopped imt ediately, City Attorney Larry War C iii - ren old The Associated Press. U Lder the city ordinance, the city can mo' : to halt such movies only after a "co: tinuous course of conduct"of show- • d` ing bjectionable films,Warren said. Ci nsequently, Forbes can continue �: shox ing the films before the city can ; begi abatement proceedings,according 3; to Vi wren. i �� Or Friday and Saturday, the Renton y t, The er was showing a X-rated double t' ah feati re, All American Girls and Ameri- k ' , ,< can ,)esire. ' ; °• `"" f' Bu Mayor Barbara Shinpoch said she was elated"Friday after learning of the , legal ruling. She praised the cityattor t � neys Nho successfully defended the sta- P tute, vhich limits adult movies to certain - -,-"`Y -' x , indu: rial zones. Staff photo By MIKE BAINTER Fo yes, owner of Playtime Theatres The sign Kathy Keolker had draped over her home Saturday said it all Inc., ast year bought the Roxy Theater and ie Renton Theater in downtown smiling.I wondered what had happened." she said. "This is a wonderful decision. since it began showing X-rated movies Rent( 1.He declared his intention to show Shinpoch said she expected Forbes to "I always felt the city had a valid last month. But this weekend, Mrs. famil fare at the Roxy and adult movies appeal the judge's decision. ordinance. It is fair and reasonable," Keolker said, there would be no pickets at the Renton. Kathy Keolker, chairwoman of Citi- Mrs. Keolker said. She said she was not even though adult movies continue to be Wh, n Mayor Shinpoch entered her zens for a Quality Community, began particularly surprised by Friday's deci- shown: "We told the picket line to stop office Friday afternoon following a trip planning a victory party early Friday Sion. "I've always been very hopeful and just enjoy a party." to 01 mpia, she recalled a short time morning — just after she learned of because it seemed so reasonable." Donald Parrish,manager of the Renton later, 'I walked in and everybody was McGovea 's decision. "I felt fantastic," CQC has picketed the,,,::enton Theater (Continued on page A3) oes ubilant . . . 4. Pornography (Continued from pale Al) T eater, said Friday he hadn't been _� f m ified of the court ruling,and thefilp , th ater will remain open unless t,.. °,..��.44, I F( -bes tells him otherwise. : �' �.,; ', , '° f.'• ,, orbes could not be reached for , ,_, ` a �' t ." d"e 5 gfS Y A.?. 5 i ,: �,. cc nment Friday, according to a i,� PI ytime Theatres spokeswoman, ( t: wi said he was out of town until pg 3 yy +WC" �:r� _ a �8 •c 7�C Q" +, Tt ,sday. _• .�. • . ails for Forbes were referred to ,, �; 3' '�g his attorney,Jack Burns.Burns was * - "it conference" Friday afternoon ,, NO an did not return two calls from `. Vt ley Newspapers. . X*I.P.RIXT orbes last month obtained a pre E'4.nary injunction preventing the v r ' s.. rapfTom enforcing its "pornog- '• > � t :�,�< t court zoning ordinance until the ., ; , 1' .: MOV, of the lard on the constitutionality iI M Judge Mc ; e rlier injunc'Jern,who issued the 4:.` . Ifil t. ° law is constit ruled Friday that w • ' l s ` q 'ona1.He denied i S ZONE F rbes' request fba �� -� � `'" it unction. a permanent ,." . - ' k,( .• McGovern, noting that 520 acres.7., ^' 01 land are zoned to allow adult` � ��m vies, said the Renton ordinance po es only an "insubstantial intru- sic 1" on Forbes' free-speech rights un er the First Amendment to the U. Constitution. '1 le ordinance bans regular show- Kathy Keolker greets anti-porn supporters at her home Saturday inr f sexually explicit movies with- "reasonably in 00 feet of churches,schools and ' rights, with being ho S. sophisticated." He credited that aters in restricted zones are ,,,‘,.,i:.' sophistication as the reason for the for,, idden from showing sue, , mo% es as a "continmu% course of We couldn't either outright con. ict,"but the ordinance does not effectively zone him out of tgttir 'e ,,. Warren said. "That would by clef: what constitutes such • restraint." ,.ed that conc °:ct. g Forbes' attoi neys had anned the taticInterpretation 'a ' Renton's law effectivei-e limits on W. ren,ecstatic over McGovern's t , theater,or put such a rulir. ;,acknowledged that the mean- k i . where it could be 1pdoa g business.that Forbes ing (.f the law is subject to legal inter �retation. If Forbes were to was prevented fovern ruled that cont tue to show adult movies as the . But Judge jobligated to consider only *tiering at his theater,Warren Renton wa c impact of its zoning said, hat would be an obvious viola- Daniel Kellogg Mark Barber Larry Warren the ecortThe financial question tion, c the city's ordinance. restric ed"ring on the free-speech If to showed general audience has rsaid the judge. tnovi s,and an adult movie only once "I'll put it to you another wa what to show and how often to show it 's�with a large percentage of land a yea Warren said, he would be in Warren said. "If ou lived next door will be entirely up to Forbes,Warren •within the city available to plain- obvic Is compliance with the law. to a rendering plant, and that plant said. "We would like to have him tiffs," McGovern wrote,"the ftnan "But i between there are shades of only stunk up the neighborhood ev- making the decisions." cial feasibility of the various loco gray nd white and black," the city ery other week, would that be a "An occasional showing is lei', tions is for them to analyze.' attor ;y explained. continuous course of conduct?" Warren said. And if Forbes stays Warren called the to light of If,. Ir example,he alternated each Monitor shows with occasionally showing X rated «gratifying,' Particula the city has week between adult and general Warren said the citywould movies "then we won't try to shut the amount of money audie. ce movies, Warren said it monitor the shows offered byForbes him down." ent on the case. Legal costs in the would beup to a judge to determine if and if a violation of the ordinance Warren credited the city's ordi- last year amounted to more than that vas a continuous course of was perceived, a judge would be nance,which had to walk a fine line $�i0,000. actior asked for a ruling.The decision as to not to violate First Amendment , s.,..... -,..INT..... .,,,�_.,,...,.,- _ , e c. _; ---i -----•—• if • Blue review ____ It was a tough job, but somebody had to do it You would . have thought that David Clem- ens. the city of Pair Renton's directorI of policy develop "t, Ordinance No 3526. Prohibited is you-know-what, andmeet, was talk in about just an- maybe some that:you don't. • other • bureau- ��. The ordinance also is quite specific as to what cratic report. < "' "anatomical areas" can't be shown "in a manner "Well. basically •t! which appeals to a prurient interest." For example, •what we did," he •1 show a "female..breast below a point immediately • explained, "was * A '''. above the top of:the areola," and you're in trouble. tabu 1 a t e And a certain?sorpething better not light up the screen information." ERIK LACITIS in "a discernible turgid state." That's: one Tithes staff columnist On Jan. 9, +vhttt the trial is scheduled to begin, the way of descrit} city attorney plans, to have ready a computer print- ing how Clemens out that's the raestllt of all this work. and a few other city-hall employees recently spent a And what war the effect on the city employees whole bunch of their working hours. who watched ,all; those dirty movies? One of the Another way might be, "Man, am I tired! What a ironies of thil Chse is that they now have been week of watching movies! First we saw 'Body Talk,' exposed to more pornography than the average then 'Luscious,' then 'Little'French Maid,' then 'Hot American would in a lifetime. Included among the Dreams.' then 'Love in Strange Places,' then three or four employees who did the tabulating was a 'Naughty Girls Need Love Too'l woman. "Tomorrow they're gonna have us sit through a What was their reaction to dour after hour of double bill, `Night Hunger—100 Years of Uncontrolla- movies such as"Little French Maid,"described in its ble Lust' and a rerun of 'Deep Throat'! And I got a . publicity as "sleazy . . . gross sex . . . warped fantasy master's degree in political science for this?" . love . . . filthy sex . . . It is the dirtiest film ever made Life sure is full of little ironies. ? To stop a porno theater from operating, the city of David Cleirlens, their boss, wasn't very eager to Renton now is the owner of 65 full length dirty movies discuss the experience. . it will use as evidence in its Superior Court battle. "Not only because we're in litigation, but because it's a sore subject:This has taken up a lot of time and "We now have one of the world's largest captive effort," he said municipal collections of pornographic movies." said And a lot of money. Barbara Shinpoch, mayor of Larry Warren, city attorney. Renton, didn't 'have an estimate on the wages paid Actually, the movies are on videocassettes. At an employees to watch dirty movies. But she said that so average cost of$70 a cassette, Renton has shelled out far, the city of some 31,000 has spent $150,000 to $4,550 for them. Furthermore, the city is doing what $200,000 on the case. • Larry Warren called "a computer analysis" cif the "There's something crazy going on out there. films. That's in excess of $5 for every citizen," said Roger What that means is that city employees sat Forbes, the Porno King of Seattle, who runs the through and tabulated the content of the films. With Renton Theater along with eight other adult movie an estimated running time of 75 minutes a movie,•the houses. "And they haven't yet gone to trial." employees watched 811/4 hours of XXX action. Forbes said he •has spent more than $200,000 himself in the legal battle. Just as the Renton officials The reason the city bought those particular 65 believe in their cause, Forbes said he's fighting for a movies is because they were shown this year at the principle. lie siid .the court case might "cost me Renton Theater, whose owner is charged witt every dime I've got." violating a dirty-movie ordinance. "The judge told us we needed some sort of method Meanwhile, the videocassettes are stacked in of getting the information across to the jury, without the city attorneys office, evidence that will surely wind its way through the inevitable appeals. Warren,showing 65 films," said Larry Warren. "You have to capsulize the information somehow." the city attorney, has been quoted as saying the fight • That's how David Clemens and other city could last 10 years. • employees ended up watching the porno flicks, Warren said' he didn't do any tabulating of the tabulatinghow long the opening dirty movies. He had sympathy for the employees everything from credits ran, to the amount of "straight dialog" in ' who did the work. comparison to "activities" banned by city law. "I.think mostly these people were drafted. At first Those activities are listed in some detail in there were some Jokes about volunteering," Warren said. "But when it came down to the actuality, they didn't think it was very much fun. I think the interest • ebbs very rapidl " Even Roger Forbes agreed with the city attorney One of the ironies of this on this issue. "I got saturated with that material years ago," he case is that city employees said. "These days,;I might see five or six of them a now have been ex ed tQ year. You know, after a certain amount of curiosity, pins , it quickly ends up being boring," Said the mayor of Renton: "I think maybe we owe more pornography than the i the people who watched all that stuff some combat average American would be pa`Or maybe just a few afternoons off. There's got to . in a lifetime. be a Walt Disney. matinee showing somewhere. L . *ArOF R s ' OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON v z POST OFFICE BOx 626 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8678 0 ^8' LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY ,0 DAVID M. DEAN, ASSISTANT CITY ATTORNEY 0 August 25, 1983 MARK E. BARBER, ASSISTANT CITY ATTORNEY 17- 0 SEPZEg' ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY MARTHA A.FRENCH, ASSISTANT CITY ATTORNEY I TO: MAYOR BARBARA SHINPOCH and " SEP 6. 1883 MEMBERS OF CITY COUNCIL _ J. ....J FROM: Daniel Kellogg, Assistant City Attorney CITY CLERK "RE: City of Renton vs . Playtime Theatres, Inc. , et al . On August 23, 1983 Larry and I attended a Pre-Trial Status Conference in the Superior Court litigation on Playtime Theatres, Inc. This matter was heard before Judge Nancy Ann Holman, the Judge to which our case has been pre-assigned to hear all pre-trial motions and the trial itself. We had strongly supported the pre-assignment of our case although this is a very unusual practice. Pre-assignment means that we will not have to introduce this complicated case before each judge before a motion is argued. Judge Holman will become intimately familiar with this case just as Larry and I have. This should greatly assist the economical presentation of the matter. We are pleased with Judge Holman' s appointment as the pre- assigned judge. We have always regarded her very highly as a competent trial judge. Her conduct of the Status Conference on the 23rd indicated that this confidence is well placed. Unfortunately Judge Holman is scheduled for the entire month of September as the Civil Motions Judge. This means that our previously scheduled trial date of September 19, 1983 could not stand. We objected to the continuance because we have to attempt to bring this matter on for trial at the earlist possible date to avoid a prior restraint argument by the Defendants . Notwithstanding our objection, Judge Holman continued the trial to start on October 10, 1983 at 9 : 30 A.M. Actually, there will be a series of procedural motions which will start on October 10 and possibly last for several days . The trial may not begin until a week or so after that date. MAYOR SHINPOCH & MEMBER OF CITY COUNCIL Page 2 August 25 , 1983 We are in the process of discovering the evidence for presentation by our side and to rebut the evidence which we anticipate will be presented by the Defendnats . We will keep you advised of further developments in this regard. Daniel Kellogg DK:bjm cc : City Clerk David Clemens James J. Clancy -05/ F.7 OF R4,4 .� 0 OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON, WASHINGTON 98055 255-8678 7i IA p �' LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY A DAVID M. DEAN, ASSISTANT CITY ATTORNEY o9qj �f,OP July 15 , 1982 MARK E. BARBER, ASSISTANT CITY ATTORNEY Ep SEP.1 TO : Barbara Y. Shinpoch, Mayor Members of City Council FROM: Daniel Kellogg, Assistant City Attorney RE : Playtime Theatres vs City of Renton We have discovered that Magistrate Sweigert is attending a Judicial Conference which is a seminar for Judges during the month of July. His Law Clerk told me that they had intended to file their decision on our Motion for Summary Judgment and Playtime ' s Motion for Preliminary Injunction before he left . This subject matter will be one of the first matters on the Court ' s Agenda upon his return. Therefore , we anticipate the receipt of the decision very early in August. Daniel Iellogg DK:nd cc : Dave Clemens City Clerk c) Lawyers tradeabsover orno theate r the final ruling.Sweigert didn't say when of the locations where the ordinance minimal discussion by tht council prior By ED PENHALE he would issue the recommendation. would permit adult-movie theaters — a to its initial passage in 1981,he said. County Bureau The ordinance in question prohibits the commercial and manufacturing area in Burns charged that David Clemens,the Lawyers for X-rated movie house showing of adult films within 1,000 feet of southern Renton — before buying the city's director of policy development- mogul Roger Forbes and the City of homes, parks, schools or churches and Renton and Roxy theaters. failed to verify assertions that the pre- Renton exchanged more legal jabs in has so far prevented Forbes from show- Forbes "deliberately decided to buy sence of an adult theater generates federal court Wednesday,but will have to ing adult films at the two theaters. the two theaters in the face of that crime, is harmful to children's moral wait for U.S. Magistrate Philip K. "This is a content-based restriction on ordinance," Warren said. values and causes a decline in surround- Sweigert's finding on whether the city's speech,"Jack Burns, one of Forbes'two Because the law was on the books when ing property values. anti-pornography law is adequate to keep lawyers,said about the anti-pornography Forbes bought the theaters,and because "There's not one piece of factual evi- adult films from being shown at the law. The ordinance so severely limits the purpose of preliminary injunctions is dence (in Renton's case) that would Renton or Roxy theaters in downtown locations where adult films could be to protect the status quo,Forbes'request warrant governmental interest in this . Renton. shown in Renton that it's unconstitution- for an preliminary injunction should be legislation," he said. Sweigert did not indicate how he would al, he told Sweigert. denied, Warren told the magistrate. Warren said the City Council gave the rule on either the city's motion to dismiss Claiming that the ordinance leaves no' City attorneys Warren and Dan Kel- law ample consideration before adopting Forbes'lawsuit challenging the constitu- viable sites in the city where an X-rated logg contend that Forbes' lawsuit ought it."The council started its deliberations a tionality of the ordinance or Forbes' movie house could operate profitably, to be dismissed because the Renton long time before Mr. Forbes came to motion for a preliminary injunction that Burns said the effect of the local law goes ordinance was patterned after U.S. Sup- 'town." he said. would permit him to show X-rated beyond regulating where adult theaters reme Court decisions upholding local Forbes lawyers Burns and Robert movies at the theaters until the question may operate. zoning laws restricting adult-movie thea- Smith asked that Sweigert base his of the local'law's legality is settled at `Direct attack' ters. findings on the original version of the trial. "It's a direct attack against this kind of Process a`sham' anti-pornography law which subsequent- Recommendation to McGovern business," he charged. The legislative process that led to City ly was re-enacted to broaden the area in Sweigert's decision on the motions by Renton City Attorney Larry Warren Council approval of the anti-pornography Renton where X-rated movie houses can Forbes and the city will take the form of a said the city doesn't base its land use ordinance was a "sham," Burns told operate. recommendation to U.S. District Court regulations on marketing analyses and Sweigert. There was no substantial re- They contend the council illegally Judge Walter McGovern, who will make added that Forbes never considered any search done to support the need for it and amended it with an emergency clause. 6/ PI / yo .94/ Porno case duein court A double-whammy of a court hearing which could tell a lot about the future of porno king Roger Forbes in Renton will take place at 1:30 p.m. Wednesday at U. S. District Court in Seattle. U. S. Magistrate Philip Sweigert will hear jointly motions by the City of Renton to have its anti-pornog- raphy ordinance declared constitutional and by Forbes, who seeks a preliminary injunction against enforcement of the city's ordinance while the case is heard in court. "This is very important because it will indicate the court's feelings on the ultimate ruling of the case.If they win,it says the court thinks Forbes probably will win in trial.If we win,it will largely indicate the court feels like we're going to win in trial," said Lawrence Warren, Renton city attorney. Jack Burns, attorney for Forbes, couldn't be reached for comment. Forbes wants to show X-rated movies at one or both of two downtown Renton theaters he recently purchased, the Renton and Roxy theaters. But Renton has an ordinance which prohibits the showing of such movies within 1,000 feet of schools, homes, parks and churches.The Forbes-owned theaters don't qualify under that regulation. Forbes filed suit in U. S. District Court claiming Renton's ordinance is unconstitutional. Renton has filed suit in King County Superior Court,claiming it's zoning ordinance is a land-use issue more properly heard in that court. Warren said he expects Sweigert to make a ruling on the motions after attorneys for both sides make their arguments Wednesday.Sweigert's recommendation then would go to District Court Judge Walter McGovern for a final decision. CCU -� "- ti� , Co /IY 89 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. - 1J -t),TQ ,. being first duly sworn on oath,deposes and says that 311.3 is the 1 i 1 '1 • - • of THE DAILY RECORD CHRONICLE,a newspaper published six(6)times a week.That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four(4)times a week in Kent,King County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit,King County, Washington.That the annexed is a :::;... as it was published in regular issues(and not in supplement form of said newspaper) once each issue for a period. of 1 consecutive issues,commencing on the day of ,19 ,and ending the , n day of 19.1.......,both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of Ovhich has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. ' Y/ id I r r isrk Subscribed and sworn to before me this day of . e"?." Notary Public ' nd for the S$���t�@.of Washington, residing att[Cl°tft, King County. e�Y —Passed by the Legislature,1955,known as Senate Bill 281,effective June 9th, 1955. —Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. VN N87 Revised 5/82 CITY OF R E N T O N, 6. Commercir •eas of due to the relative sizes of this Ordinar ordinance or statute of the WASHINGTON the City patroniz, jyoung the cities. 1. Many .ents have State of Washington regard- ORDINANCE NO. 3637 people and children should 15.No evidence has been chosen the City of Renton in ing public nuisances,sexual AN ORDINANCE OF THE be free of adult entertain- presented to show that loca- which to raise their families conduct, lewdness, or obs- C I T Y OF R E N TON, ment land uses. tion of adult entertainment because of the lack of por- cene or harmful matter or the WASHINGTON AMEND- 7.The Renton School Dis- land uses within the City will nographic entertainment exhibition or public display ING ORDINANCE NO.3526 trict opposes a location of improve the commercial via- outlets with its influence up- thereof. RELATING TO LAND USE adult entertainment land bility of the community. on children external to the SECTION III: Existing D E L E T I N G T H E uses within the perimeters of 16. Location of adult en- home. subsection(A)(2)of Section EMERGENCY CLAUSE its policy regarding busing of tertainment land uses within 2. Location of adult enter- 4-735 of Title IV (Building AND RE-ENACTING THE students, so that students w a I k i n g distance o f tainment land uses on the Regulations) of Ordinance REMAINDER THEREOF walking to school will not be churches and other religious main commercial thorough- No. 1628 entitled "Code of WHEREAS, on April 13, subjected to confrontation facilities will have an ad- fares of the City gives an General Ordinances of the 1981,the City Council of the with the existence of adult verse effect upon the minis- impression of legitimacy to, City of Renton" is hereby City of Renton adopted Ordi- entertainment land uses. try of such churches and will and causes a loss of sen- amended to read as follows: nance No.3526,which Ordi- 8.The Renton School Dis- discourage attendance at sitivity to the adverse affect 2. One thousand feet nance was approved by the trict finds that location of such churches by the prox- of pornography upon chil- (1,000') of any public or Mayor on April 13,1981,and adult entertainment land imity of adult entertainment dren, established family re- private school. became effective by its own uses in areas of the City land uses. lations, respect for marital SECTION IV: City of Re- termsonJune14,1981;and which are in close proximity 17. A reasonable regula- relationship and for the nton Ordinance No.3526 is WHEREAS, on May 3, to schools, and commercial tion of the location of adult sanctity of marriage rela- hereby amended by adding 1982,the City Council of the areas patronized by stu- entertainment land uses will tions of others, and the the following section to read City of Renton adopted Ordi- dents and young people,will provide for the protection of concept of non-aggressive as follows: nance No. 3629 amending have a detrimental effect the image of the community consensual sexual relations. If any section,subsection, Ordinance No. 3526, which upon the quality of education and its property values,and 3. Citizens from other sentence, clause, phrase or Ordinance was approved by which the School District is protect the residents of the cities and King County will any portion of this ordinance the Mayor on May 3, 1982, providing for its students. community from the adverse travel to Renton to view adult is for any reason held to be and became effective on its 9.The Renton School Dis- effects of such adult enter- film far away from areas in invalid or unconstitutional by passage and by the terms of trict finds that education of tainment land uses, while which they are known and the decision of any court of the Ordinance; and its students will be negative- providing to those who de- recognized. competent jurisdiction,such WHEREAS the City ly affected by location of sire to patronize adult enter- 4. Property values in the decision shall not effect the Council wishes to remove adult entertainment land tainment land uses such an areas adjacent to the adult validity of the remaining por- the emergency clause from uses in close proximity to opportunity in areas within entertainment land uses will tions of this ordinance.The Ordinance No.3629 and re- location of schools. the City which are approp- decline, thus causing a City Council of the City of enact the remainder of Ordi- 10. Adult entertainment riate for location of adult blight upon the commercial Renton hereby declares that nance No.3629 in its entire- land uses should be regula- entertainment land uses. area of the City of Renton. it would have adopted City of ty;and tions by zoning to separate it 18.The community will be 5. Locaton of adult enter- Renton Ordinance No.3526 WHEREAS, it was the from other dissimilar uses an undesirable place to live if tainment land uses within and each section, subsec- intention of the City Council just as any other land use it is known on the basis of its neighborhoods and corn- tion, sentence, clause, of the City of Renton in the should be separated from image as the location of mercial areas of the City of phrase or portion thereof adoption of Ordinance No. uses with characteristics dif- adult entertainment land Renton is disrupting to youth irrespective of the fact that 3526 to rely upon the opinion ferent from itself. uses. programs such as Boy any one or more sections, of the United States Sup- 11. Residents of the City 19. A stable atmosphere Scouts, Cub Scouts and subsections, sentences, reme Court in the case of of Renton,and persons who for the rearing of families Campfire Girls. Many such clauses,phrases or portions Young v. American Mini are non-residents but use cannot be achieved in close youth programs use the be declared invalid or un- Theaters,427 US 50,and of the City of Renton for shop- proximity to adult entertain- commercial areas of the City constitutional. the Supreme Court of the ping and other commercial ment land uses. as a historical research re- SECTION V: If any sec- State of Washington in the needs, will move from the 20. The initial location of source. Location of adult tion, subsection, sentence, case of Northend Cinemas community or shop else- adult entertainment land entertainment land uses in clause, phrase or any por- v.Seattle,90 Wn 2d,709,to where if adult entertainment uses will lead to the location close proximity to residential tion of this ordinance is for limit the location of adult land uses are allowed to of additional and similar uses, churches, parks and any reason held to be invalid motion picture theater as locate in close proximity to uses within the same vicini- other public facilities and or unconstitutional by the that term is defined therein, residential uses, churches, ty, thus multiplying the ad- schools is inappropriate. decision of any court of to promote the City of Re- parks and other public verse impact of the initial 6. Location of adult enter- competent jurisdiction,such nton's great interest in pro- facilities, and schools. location of adult entertain- tainment land uses in close decision shall not affect the tection and preserving the 12. Location of adult en- ment land uses upon the proximity to residential uses, validity of the remaining por- quality of its neighborhoods, tertainment land uses in pro- residential, churches, parks churches, parks and other tions of this ordinance.The commercial districts,and the ximity to residential uses, and other public facilities, public facilities,and schools, City Council of the City of quality of urban life through churches, parks and other and schools,and the impact will cause a degradation of Renton hereby declares that effective land use planning; public facilities,and schools, upon the image and quality the community standard of it would have adopted this and may lead to increased levels of the character of the corn- morality. Pornographic ordinance and each section, WHEREAS, the City of criminal activities, includ- munity. material has a degrading subsection, sentence, Council, through its Plan- ing prostitution, rape, incest and effect upon the relationship clause, phrase or portion ning and Development and assaults in the vicinity of WHEREAS, since the between spouses. thereof irrespective of the Committee, held a public such adult entertainment adoption of Ordinance No. NOW THEREFORE,THE fact that any one or more meeting on March 5, 1981, land uses. 3526, it has come to the CITY COUNCIL OF THE sections, subsections, sent- to receive testimony from 13.Merchants in the corn- attention of the City Council C I T Y 0 F R E N T 0 N, ences, clauses, phrases or the public concerning the mercial area of the City are of the City of Renton that it WASHINGTON DO OR- portions be declared invalid subject of regulation of adult concerned about adverse would be appropriate to set DAIN AS FOLLOWS: or unconstitutional. entertainment land uses, at impacts upon the character forth in writing the findings of SECTION I:Existing Sec- SECTION VI: This ordi- which the following tes- and quality of the City in the fact which were the basis for tion 4-702 of Title IV(Build- nance shall be effective up- timony was received which event that adult entertain- the adoption by the City ing Regulations) of Ordi- on its passage,and approval the City Council believes to ment land uses are located Council of Ordinance No. nance No. 1628 entitled and thirty (30)days after Its be true, and which formed within close proximityto resi- 3536; and "Code of General Ordi- publication. the basis for the adoption of dential uses, churches, WHEREAS, the City nances of the City of Re- PASSED BY THE CITY Ordinance No. 3526; parks and other public Council finds that,in order to nton"is hereby amended by COUNCIL this 14th day of 1.Areas within close walk- facilities,and schools.Loca- choose the least restrictive adding the following subset- June, 1982. ing distance of single and tion of adult entertainment alternative available to ac- tions: Delores A. Mead multiple family dwellings land uses in close proximity complish the purpose for "Used" The word "used" City Clerk should be free of adult enter- t o r e s i d e n t i a I uses, which Ordinance No. 3526 in the definition of "Adult APPROVED BY THE i tainment land uses. churches, parks and other was adopted, and include a motion picture theater" he- MAYOR this 14th day of 2. Areas where children public facilities,and schools, severability clause which rein, describes a continuing June, 1982. could be expected to walk, will reduce retail trade to was inadvertently omitted course of conduct of exhibit- Barbara Y. Shinpoch patronize or recreate should commercial uses in the vi- from Ordinance No. 3526, i ng "specific sexual ac- Mayor be free of adult entertain- cinity,thus reducing proper- and to make certain other tivities" and "specified Approved as to form: ment land uses. ty values and tax revenues technical amendments to anatomical area" in a man- Lawrence J. Warren 3. Adult entertainment to the City. Such adverse Ordinance No. 3526, that it ner which appeals to a pru- City Attorney land uses should be located affect on property values will is necessary for the City rient interest. Published in the Daily Re- in areas of the City which are cause the loss of some Council to adopt legislation SECTION II:Existing Sec- cord Chronicle June 18, not in close proximity to commercial establishments amending Ordinance No. tion 4-735 of Title IV(Build- 1982. R8082 residential uses, churches, followed by a blighting effect 3526 to accomplish the ing Regulations) of Ordi- — parks and other public upon the commercial dis- foregoing purposes;and nance No. 1628 entitled facilities, and schools. tricts within the City,leading WHEREAS, the City "Code of General Ordi- 4.The image of the City of to further deterioration of the Council, at its duly called nances of the City of Re- Renton as a pleasant and commercial quality of the special meeting on February nton"is hereby amended by attractive place to reside will City. 25,1982,held a public hear- adding the following subsec- be adversely affected by the 14. Experience in numer- ing upon the subject matter tions; presence of adult entertain- ous other cities, including of land use regulations of (C) Violation of the use ment land uses in close Seattle, Tacoma and De- adult motion pictures within provisions of this section is proximity to residential land troit, Michigan, has shown the City of Renton,at which declared to be a public nui- uses, churches, parks and that location of adult enter- public hearing the City sance per se,which shall be i other public facilities, and tainment land uses de- Council received comments abated by City Attorney by schools. grades the quality of the from the public on that sub- way of civil abatement pro- 5. Regulation of adult en- area of the City in which they ject matter at which the cedures only, and not by tertainment land uses are located and causes a following testimony was re- criminal prosecution. should be developed to pre- blighting effect upon the Ci- ceived,which the City Coun- (D)Nothing in this section vent deterioration and/or de- ty.The skid row effect,which cil believes to be true, and is intended to authorize, gradation of the vitality of the is evident in certain parts of which,together with the find- legalize or permit the estab- community before the prob- Seattle and other cities, will ings heretofore set forth as lishment, operatoin or lem exists, rather than in have a significantly larger the basis for the adoption of maintenance of any busi- response to an existing affect upon the City of Re- Ordinance No. 3256, form ness, building or use which problem. nton than other major cities the basis for the adoption of violates any City of Renton City trieswwc6 short-cut in porno case By GREG ANDERSON City Editor Like a gambler throwing another chip on the table, the City of Renton filed a motion for summary judgment in federal court Thursday in an effort to get its anti- pornography ordinance declared con- stitutional. That ordinance, which prohibits the showing of adult movies within 1,000 feet of homes,parks,schools or churches,has been challenged in U.S. Federal District Court in Seattle by Northwest porno king Roger Forbes. Forbes purchased the Renton and Roxy theaters in downtown Renton in January, and wants to show adult movies at the Renton Theater. But Renton's ordinance prohibits the showing of adult movies at either theater because of their proximity to single- family homes. Forbes is gambling that a suit he filed in federal court in January alleging that Renton's pornography ordinance is un- constitutional will be successful. Both sides have made a number of legal maneuvers in the past four months,with the result that legal actions now exist both in federal court and King County Superior Court. Dan Kellogg,assistant city attorney for Renton, admitted the motion for a sum- mary judgment is a gamble in which the city has nothing to lose and everything to gain. "This is a very significant procedural event," Kellogg said. "We are saying there are no facts in dispute in this case. The only issue is whether our ordinance is constitutional.If it is declared constitu- tional, that does away with Mr. Forbes' action." In effect,the city would win its case if the summary judgment, which is scheduled to be heard June 18,is granted. If the summary judgment isn't granted, then the case proceeds to a motion Forbes has filed that is scheduled to be heard June 23. On that date,the court will hear Forbes' request for a preliminary injunction to prevent enforcement of the city's ordi- nance while the constitutionality of that ordinance is debated in court. If Forbes were to obtain the preliminary injunc- tion,he could start showing adult movies almost immediately. But if the city's motion for summary judgment is successful, Forbes either would have to abandon the case or,more likely, appeal the ruling. r 4, 6//77 Porno crita chearing� By GREG ANDERSON then probably would move for a perma- Warren speculated that if Forbes loses actually would be allowed in Forbes' City Editor nent injunction. the preliminary injunction and doesn't Renton theaters. "But if he loses,he'll probably appeal to appeal, the case then would move on to Perhaps the "most critical hearing in the Ninth Circuit Court of Appeals." trial in federal.court, That decision came in January when the case"will come June 23 when attor- Warren indicated the city would appeal if expedited basis becasFi First probablymend- Forbes lost his motion for a temporary neys for porno king Roger Forbes at- Forbes is successful in obtaining the ment rights are involved. restraining order. The TRO, somewhat tempt to obtain a preliminary injunction injunction. But even on an expedited basis,Warren would have a preliminaryeenforcement injunction, against the City of Renton in U.S.District Jack Burns,a Kirkland attorney repre- said,it still could take years for the case would prevented of Court. senting Forbes,agreed the June 23 hear- to be decided in court. the city's ordinance if it had been gr If Forbes gets the injunction against ing is an important one. "It would keep dirty movies out of town granted. enforcement of the city's anti-pornog- "That will be the substantive hearing. for a long time if that happened,"Warren Forbes' attorneys have tried to fight raphy ordinance,he would be able to start All the sparring will be done,and that will said. the case in federal court,while Renton's showing X-rated movies at either or both get into the nitty-gritty," he said. Warren said a decision on the prelimi- attorneys have attempted to move the of the downtown Renton theaters he has A lot of legal maneuvering on both nary injunction will give an indication of issue to the state court system, where purchased. sides has taken place since Forbes purch- what decision attorneys can expect for a they feel they have a better chance of Forbes has said all along he wants to ased the two theaters early this year.He permanent injunction. "It would tell us success. __ —_ show adult movies at the Renton Theater, filed suit against the city in January, something if we lost.The judge would be But at the moment, parallel cases on while continuing the showing of general claiming the Renton anti-pornography making a ruling that at the full hearing the same issue exist both in the federal audience movies at the Roxy Theater. ordinance is unconstitutional. (permanent injunction), we would prob- and state court systems. The hearing — The ordinance prohibits the showing of ably lose, too," he said. scheduled June 23 is on the lawsuit 'Most critical' X-rated movies within specified dis- Forbes lost motion Forbes filed in federal court;no hearings "This is probably the most critical tances of schools,churches,single-fami- Though a number of motions have been have been scheduled on the lawsuit the hearing of the case,"said Larry Warren, ly homes and parks. Both the Roxy and filed by attorneys on both sides,only one city filed in King County Superior Court. Renton city attorney. "If he gets it (the Renton theaters are off-limits under the other judicial decision made so far has The city is asking Superior Court to injunction), he can open his theater. He ordinance. had a bearing on whether adult movies declare it's ordinance constitutional. judge U . S . district w ...56tft dismiss Forbes lawsuit what the city believes to be a local zoning By GREG ANDERSON matter. City Editor Depending on future legal maneuvers, U.S. District Court Judge Walter Forbes and the city now will be battling in McGovern has denied the City of Re- both the state and federal court systems. nton's motion to dismiss from federal If all appeals are exhausted throughout court a suit filed by an adult movie the process, both cases could end up theater owner against the city. before the U.S. Supreme Court. Roger Forbes, owner of a string of In denying Renton's request for dis- adult theaters in the Northwest,wants to missal of Forbes' federal lawsuit, start showing similar fare at Renton McGovern was following the recommen- Theater in downtown Renton.The city's datidn of U.S.Magistrate Philip Sweigert. zoning ordinance prohibits the showing The decision came as no surprise to any of adult movies in that U.S.SDistrict of the attorneys, though Renton's legal Forbes filed suit in . . Court team has indicated it feels it has a better innance January,declareddg that Renton's ordi- chance of defending Renton's ordinance be unconstitutional. in the state court system. McGovern made the decision to deny "We now have to decide whether to ask Renton's request for dismissal Wednes- day, but didn't mail the decision to the fora McGovern'sreconsideration decision app o f hJs deg i attorneys in the case until her Friday. sion.We'll be deciding on a recommenda- suitsThe decisionvd in Forbes'or there nowt are two tion sometime in the next couple days," involved in fight to show adult movies in Renton. Kellogg said. The city filed suit in King County Forbes owns both the Renton and Roxy Superior Court asking that its ordinance theaters on South Third Street in down- be declared constitituional.Dan Kellogg, town Renton. He presently is showing assistant city attorney,has said Superior general audience movies at both thea- Court is the proper forum to consider ters. 9z 3S.26 CITY OF RENTON, WASHINGTON ORDINANCE NO . 3629 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON RELATING TO LAND USE AND ZONING WHEREAS , on April 13 , 1981 , the City Council of the City of Renton adopted Ordinance No . 3526 , which Ordinance was approved by the Mayor on April 13 , 1981 , and became effective by its own terms on June 14, 1981 ; and WHEREAS, it was the intention of the City Council of the City of Renton in the adoption of that Ordinance to rely upon the opinion of the United States Supreme Court in the case of Young v. American Mini Theaters , 427 US 50 , and of the Supreme Court of the State of Washington in the case of Northend Cinemas v. Seattle , 90 Wn 2d, 709 , to limit the location of adult motion picture theaters , as that term is defined therein, to promote the City of Renton ' s great interest in protecting and preserving the quality of its neighborhoods , commercial districts , and the quality of urban life through effective land use planning; and WHEREAS , the City Council , through its Planning and Development Committee , held a public meeting on March 5 , 1931 , to receive testimor.'7 from the public concerning the subject of regulation of adult entertainment land uses , at which the following testimony was received which the City Council believes to be true , and which formed the basis for the adoption of Ordinance No . 3526 : 1 . Areas within close walking distance of single and multiple family dwellings should be free of adult entertainment land uses . 2 . Areas where children could be expected to walk , patronize or recreate should be free of adult entertainment land uses . 3 . Adult entertainment land uses should be located in areas of the City which are not in close proximity to residential uses , churches , parks and other public facilities , and schools . 4. The image of the City of Renton as a pleasant and attractive place to reside will be adversely affected by the presence of adult entertainment land uses in close proximity to residential land uses , churches , parks and other public facilities , and schools . 5 . Regulation of adult entertainment land uses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists , . rather than in response to an existing problem. 6 . Commercial areas of the City patronized by young people and children should be free of adult enter- tainment land uses . 7 . The Renton School District opposes a location of adult entertainment land uses within the perimeters of its policy regarding bussing of students , so that students walking to school will not be subjected to confrontation with the existence of adult entertain- ment land uses . 8 . The Renton School District finds that location of adult entertainment land uses in areas of the City which are in close proximity to schools , and commercial areas patronized by students and young people , will have a detrimental effect upon the quality of education which the School District is providing for its students . 9 . The Renton School District finds that education of its students will be negatively affected by location of adult entertainment land uses in close proximity to location of schools . 10 . Adult entertainment land uses should be regulated by zoning to separate it from other dissimilar uses just as any other land use should be separated from uses with characteristics different from itself. 11 . Residents of the City of Renton , and persons who are non-residents but use the City of Renton for shopping and other commercial needs , will move from the community or shop elsewhere if adult entertainment land uses are allowed to locate in close proximity to residential uses , churches , parks and other public facilities , and schools . 12 . Location of adult entertainment land uses in proximity to residential uses , churches , parks and other public facilities , and schools , may lead to increased levels of criminal activities , including prostitution , rape , incest and assaults in the vicinity of such adult entertainment land uses . 13 . Merchants in the commercial area of the City are concerned about adverse impacts upon the character and quality of the City in the event that adult entertainment land uses are located within close proximity to residential uses , churches , parks and other public facilities , and schools . Location of -2- ty adult entertainment land uses in close proximity to residential uses , churches , parks and other public facilities , and schools , will reduce retail trade to commercial uses in the vicinity, thus reducing property values and tax revenues to the City . Such adverse affect on property values will cause the loss of some commercial establishments followed by a blighting effect upon the commercial districts within the City , leading to further deterioration of the commercial quality of the City . 14. Experience in numerous other cities , including Seattle , Tacoma and Detroit , Michigan, has shown that location of adult entertainment land uses degrade the quality of the areas of the City in which they are located and cause a blighting effect upon the city . The skid row effect , which is evident in certain parts of Seattle and other cities , will have a significantly larger affect upon the City of Renton than other major cities due to the relative sizes of the cities . 15. No evidence has been presented to show that location of adult entertainment land uses within the City will improve the commercial viability of the community. 16 . Location of adult entertainment land uses within walking distance of churches and other religious facilities will have an adverse effect upon the ministry of such churches and will discourage attendance at such churches by the proximity of adult entertainment land uses . 17 . A reasonable regulation of the location of adult entertainment land uses will provide for the protection of the image of the community and its property values , and protect the residents of the community from the adverse effects of such adult entertainment Lana uses , while providing to those who desire to patronize adult entertainment land uses such an opportunity in areas within the City which are appropriate for location of adult entertainment land uses . 19 . The community will be an undesirable place to live if it is known on the basis of its image as the location of adult entertainment land uses . 20 . A stable atmosphere for the rearing of families cannot be achieved in close proximity to adult entertainment land uses . 21 . The initial location of adult entertainment land uses will lead to the location of additional and similar uses within the same vicinity, thus multiplying the adverse impact of the initial location of adult entertainment land uses upon the residential , churches , parks and other public facilities , and schools , and the impact upon the image and quality of the character of the community. -3- and WHEREAS , since the adoption of Ordinance No . 3526 , it has come to the attention of the City Council of the City of Renton that it would be appropriate to set forth in writing the findings of fact which were the basis for the adoption by the City Council of Ordinance No . 3526 ; and WHEREAS , the City Council finds that , in order to choose the least restrictive alternative available to accomplish the purposes for which Ordinance No. 3526 was adopted, and to include a severabilit clause which was inadvertently omitted from Ordinance No . 3526 , and to make certain other technical amendments to Ordinance No. 3526 , that it is necessary for the City Council to adopt legislation amending Ordinance No. 3526 to accomplish the foregoing purposes ; and WHEREAS , the City Council , at its duly called special meeting on February 25 , 1982 , held a public hearing upon the subject matter of land use regulations of adult motion pictures within the City of Renton , at which public hearing the City Council received comments from the public on that subject matter at which the following testimony was received, which the City Council believes to be true , and which , together with the findings heretofore set forth as the basis for the adoption of Ordinance No . 3256, form the basis for the adoption of this Ordinance : 1 . Many parents have chosen the City of Renton in which to raise their families because of the lack of pornographic entertainment outlets with its influence upon children external to the home . 2. Location of adult entertainment land uses on the main commercial thoroughfares of the City gives an impression of legitimacy to, and causes a loss of sensitivity to the adverse affect of pornography upon children , established family relations , respect for marital relationships and for the sanctity of marriage relations of others , and the concept of non-aggressive consenual sexual relations . -4- 3. Citizens from other cities and King County will travel to Renton to view adult film fare away from areas in which they are known and recognized. 4. Property values in the areas adjacent to the adult entertainment land uses will decline , thus causing a blight upon the commercial area of the City of Renton . 5. Location of adult entertainment land uses within neighborhoods and commercial areas of the City of Renton is disrupting to youth programs such as Boy Scouts , Cub Scouts and Campfire Girls . Many such youth programs use the commercial areas of the City as a historical research resource. Location of adult entertainment land uses in close proximity to residentia uses , churches , parks and other public facilities and schools is inappropriate . 6. Location of adult entertainment land uses in close proximity to residential uses , churches , parks and other public facilities , and schools , will cause a degradation of the community standard of morality . Pornographic material has a degrading effect upon the relationship between spouses . NOW THEREFORE , THE CITY COUNCIL OF THE CITY OF RENTON , WASH ! DO ORDAIN AS FOLLOWS : SECTION I : Existing Section 4- 702 of Title IV (Building Regulations) of Ordinance No . 1628 entitled "Code of General Ordinance of the City of Renton" is hereby amended by adding the following sub- sections : "Used" The word "used" in the definition of "Adult moti, picture theater" herein , describes a continuing course of conduct of exhibiting "specific sexual activities" and "specified anatomical area! in a manner which appeals to a prurient interest . SECTION II : Existing Section 4-735 of Title IV (Building Regulations) of Ordinance No . 1628 entitled "Code of General Ordinance of the City of Renton" is hereby amended by adding the following subsecti, (C) Violation of the use provisions of this section is decla to be a public nuisance per se , which shall be abated by City Attorney by way of civil abatement procedures only , and not by criminal prosecut (D) Nothing in this section is intended to authorize , legalize or permit the establishment , operation or maintenance of any business , building or use which violates any City of Renton ordinance or statute of the State of Washington regarding public nuisances , sexual conduct , lewdness , or obscene or harmful matter or the exhibition or public display thereof. - 5- SECTION III : Existing subsection (A) (2) of Section 4- 735 of Title IV (Building Regulations) of Ordinance No . 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows : 2. One thousand feet (1 , 000 ' ) of any public or private school . SECTION IV: City of Renton Ordinance No . 3526 is hereby amended by adding the following section to read as follows : If any section, subsection , sentence , clause , phrase or any portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance . The City Council of the City of Renton hereby declares that it would have adopted City of Renton Ordinance No . 3526 and each section , subsection , sentence , clause , phrase or portion thereof irrespective of the fact that any one or more sections , subsections , sentences , clauses , phrases or portions be declared invalid or unconstitutional . SECTION V: If any section, subsection , sentence , clause , phrase or any portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction , such decision shall not affect the validity of the remaining portions of this ordinance . The City Council of the City of Renton hereby declares that it would have adopted this ordinance and each section , subsection , sentence , clause , phrase or portion thereof irrespective of the fact that any one or more sections , sub- sections , sentences , clauses , phrases or portions be declared invalid or unconstitutional . SECTION VI : The City Council of the City of Renton finds and declares that an emergency exists because of the pendency of litigation against the City of Renton involving the subject matter of this ordinance , and potential liability of the City of Renton for damages as pleaded in that litigation, ana that the immediate adoption -6- of this ordinance is necessary for the immediate preservation of public peak , health, and safety or for the support of city government and its existing public institutions and the integrity of the zoning of the City of Renton. Therefore , this ordinance shall take effect immediately upon its passage and approval by the mayor . PASSED BY THE CITY COUNCIL this 3th day of May, 1982 . e ores ea , ity Check APPROVED BY THE MAYOR this 3th day of May, 1982 . Barbara Y. Shinpoch, Mayor Approved as to form: Lawrence J . Warren, City Attorney Date of Publication: May 7, 1982 is -7- 2 Malengto discuss Renton-Redmondporn iss . The county prosector's involve- — to instigate court actions. The providing legal advice to county sumptive sentencing law designed to ment with the X-rated theater issue measure was signed into law by Gov. officials and county departments. reform the sentencing of convicted in Renton and Redmond will be John Spellman on April 1. His presentation will be followed felons. • among the topics discussed by King The following day, attorney Carl by a question and answer session. Proesecutor Maleng serves on a County Prosecutor Norm Maleng Maxey, representing the owner of The normal monthly business governor's commission to establish hja when he meets with 11th District three adult bookstores in Spokane, meeting of the 11th District Republi- new sentencing guidelines and on the ti ,-`> Republicans Tuesday night. challenged the law in a U.S.District •cans will follow.Persons interested Governor's Interagency Criminal + , The public is invited to the meet- Court suit.The City of Renton's anti- in being a delegate or alternate to the Justice Work Group, addressing ing, which starts at 7 p.m.at Renton pornography ordinance is being state convention are asked to attend problems of prison overcrowding. High School, rooms 214 and 215. challenged in U.S. District Court by the meeting. Those who cannot are' Maleng graduated from the Un- p _ The State Senate passed a measure Roger Forbes,who wants to show X- urged to contact Larry Vickers at iversity of Washington with a degree 42-4 early in March banning X-rated rated films at a downtown Renton 255-7592 in order to place their in economics and then attended the theaters and making dealers and theater that he has purchased. names on the state convention ballot. University of Washington School of businesses involved in pornographic In addition to discussing the X- Prosecutor Maleng has establish- Law where he served as editor-in- activities subject to fines. The Se- rated theater and pornography issue, ed a nationally recognized sexual chief of the law review. He was ' nate version took out a House-ap- Maleng will discuss the more gener- assault prosecution unit and a spe- appointed to a staff position on the proved provision that would have al responsibilities of his office,such cial operations unit targeted toward U.S.Sente Committee on Commerce allowed individual citizens—rather as prosecuting felonies and misde- organized crime. He has worked after graduation. In 1978, he was Norm Maleng than just cities or local prosecutors meanors occurring in the county and with the legislature on a new pre- elected prosecutor. -b 7: C • Page A2 Sunday, April 11, 1982 Record Chronicle Renton whips Fbrbes over battleground • By GREG ANDERSON interpret the Constitution more lib City Editor erally than would a state judge.All of fact that Foes • A legal victory by the City of bel evesthat adshephastotaebetter ch nce to Renton in U.S.District Court Friday fight Renton's ordinance in federal - could mean the city will be defend- court;Renton believes it has a better ing its anti-pornography ordinance chance defending its ordinance in in both the federal and state court the state court system. systems in the future. Magistrate Sweigert already has Roger Forbes, who wants to show recommended denial of a Renton -:X-rated movies at a downtown Re- motion to dismiss Forbes'suit from -nton location declared off-limits by District Court.Judge McGovern has -:the city's zoning ordinance,filed suit until April 23 to decide the issue. --in U.S. District Court last January, Both sides have indicated they •:claiming the ordinance is uncon- might appeal McGovern's ruling to -stitutional. the 9th Circuit Court of A - Renton reacted by filing suit in San Francisco. PPeals in • King County Superior Court,arguing The next important stage of the -that the legality of the ordinance is a complicated case will come when •'local land-use issue, not a Constitu- Sweigert sets a date to hear Forbes' tional issue. request for a preliminary injunction Suit transferred against the city's anti-porn ordi- Forbes then filed a petition in nance while the constitutionality of . -court which automatically transferr- the ordinance is debated in court. ed the city's suit in Superior Court to Restraining order failed ' District Court. Forbes failed in his attempt earlier Friday's hearing before U.S. Dis- this year to get a temporary restrain- . trict Court Magistrate Philip Seigert ing order against enforcement of the was called to decide whether the ordinance. If he had the order, he city's suit should stay in federal would have been allowed to show X--court and in.effect be dismissed or rated movies at Renton Theater -;remanded back to the state court. while the merits of the case were - After hearing brief arguments heard in court. :frpm attorneys on both sides, The preliminary injunction is es-Sweigert announced he would re- sentially the same type of order, -.commend to U.S. District Court except it isn't an "emergency" kind Judge George McGovern that the of order that must be heard im-city's suit against Forbes be remand- mediately. "When the preliminary ed back to King County Superior injunction is heard, that's the point Court. urt. lawyerswhere we pull out all of our guns,and "Only could love this at presumably the other side will too," this stage," quipped Dan Kellogg, said Kellogg. -;Renton assistant city attorney, fol- "If they get the preliminary in- lowing the hearing. • junction,then they can start showing Actually, the issue of where the movies." - case will be heard is important. In Kellogg predicted that an appeal the federal court system, a law is from either side can be expected simply thrown out if it is found to be when McGovern makes a ruling on unconstitutional. In the state court• the preliminary injunction as well. • system, there are provisions in Forbes, who was in attendance at which a challenged law can be "fix- Friday's hearing,had no comment on •.ed" to meet the requirements the outcome. He did accuse KIRO ::deemed necessary by the judge. Radio,however,of being biased in its Liberal interpretation coverage of the Renton pornography • There is some feeling among attor- issue. There was no immediate re- ' .neys,too,that a federal.judge might sponse from KIRO management. OF 4,4. �. OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON U `' �:: ` POST OFFICE BOX 626 100 Intl AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 0 LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 90 `O DAVID M. DEAN, ASSISTANT CITY ATTORNEY 09gT , April 8 , 1982 MARK E. BARBER, ASSISTANT CITY ATTORNEY Ep SEP1� TO: Barbara Y. Shinpoch , Mayor Members of City Council FROM: Daniel Kellogg, Assistant City Attorney We enclose copies of the two Briefs that we have filed within the last few days regarding the Playtime case. The Brief in Opposition to Playtimes' Motion to Dismiss is filed in response to Mr. Forbes ' attempt to dismiss our State court action in Federal court . The Objections to Magistrate 's Report is filed with Judge McGovern to persuade him to reverse the Magistrate 's decision to deny our motion to dismiss the Federal court complaint filed by Playtime Theatres . Playtimes ' motion to dismiss our State complaint , and our Motion to Remand our State Court case back to State court will be heard on Friday, April 9 , 1982 at 10 : 30 A.M. before Magistrate Sweigert . Once again, the Magistrate' s report and recommendation will be made to Judge McGovern for his decision. We have noted the matter of dismissal of the Playtime Theatres ' Complaint before Judge McGovern for hearing on April 23 , 1982. However, Judge McGovern's decision on the Motion may be made at any time. There is still no date set for the hearing on their motion for Preliminary Injunction. However, we expect that hearing to be set upon the resolution of the preliminary procedural matters . If you have any questions regarding this proceedings , please contact me. Daniel Kellogg DK:nd Encl. cc: City Clerk Dave Clemens Ar,/c72/?... ., I orno iliSpeliman OLYMPIA(AP)—Gov.John Spellman the owners.Pierce County intends to rely has signed into law a bill aimed at making heavily on this section of the new law, the Legislature to adopt the high it easier to crack down on pornographic said Seattle attorney Ed Larson, who definition.on Supreme Court invitation for movie houses and adult book stores in drafted the measure. g court's — The term "moral nuisance" is ap • - Washington. The new law probably won't be used to The governor had no comment when he "go after Seattle's Porno zone," a few seied ll n to businesses primarily engaged in show- signed the measure Thursday,other than blocks of X-rated theaters and adult book ing adg ult movies and to houses of "It's a good bill."But Rep.Wiliam Ellis, and magazine shops where the busines- tituti npornographic materials or R-Seattle, the prime sponsor, was more ses are permitted by special city ordi- pros enthusiastic, He said it will help rid Hance,Ellis said. — Count Washington of a social plague. o prosecutors, city attorneys and the attorney general are authorized nui- "It will give a tool to communities like ment, freedom of expression and free- sances. The authorities can I m concerned about the First Amend- to file civil actions against such Redmond and Renton to clean up the dom of speech and all that, but I'm also injunction shutting down the operations, constitutionally unprotected obscenity if concerned that a community be able to obtain an they want to,"he said. and the courts can impose pvirtual:y of means can raise up a standard," he said. try That close down the localmovie prosecutorss run "We think we've got it about as con- the unlimited fines,pegged thousand the profits rs trby tto cloydown Roger us s u. st tutional as he new lsw e can make it, ellis said. the bu e a . e aid Larsdollars The ownerw alsoR Forbes,he ofcommunitywould be a low fine,"o said Larson. prostitutionThenewa be"moral housesdeclaresrisahosand dard for hobcom unit sets its with a stan- —d berg and elevatedoto aing Class C pornography allowed the courts to levy huge fines on Supreme Court ruling and a recent would to C felony. Possession of pornography would not be a crime. vornog ra n h nt m foe a a o of legalsystem Editor's note: This is the second in a series of articles concerning pornography. By DOUG MARGESON Staff Reporter People who try to fight pornography with criminal law quickly find themselves battling a phantom. Three landmark decisions attempt to define what constitutes obscenity in the United States.All three contain language that is open to interpretation—so open that many prosecutors have given up seeking obscenity convictions because obscenity may be undefinable. The first loosening of law enforcement's iron grip on sexually explicit material came in 1957 when the U.S.Supreme Court ruled that sexual content alone was not enough to qualify a work as obscene. Instead, the material as a whole must appeal to"prurient interests" before it can be ruled obscene,the court said.Webster defines prurient as"to itch,crave,be wanton;akin to a glowing coal;craving restlessly; lascivious in thought or desire; exciting to lasciviousness." Definition difficult Obviously, since the concept of prurience involves a lot of intangibles, defining how some things appeal to prurient interests is even more difficult. As a result, perhaps, a number of publishers started printing increasingly explicit material.In 1966,the Supreme Court modified the definition of obscenity, saying that the material in question must be "utterly without redeeming social value" before it can be considered P obscene. The ruling opened the door for sexually explicit material because of the word "utterly." It is difficult verging on impossible to prove somethings is utterly — completely, thoroughly, or whatever other adverbs of totality you wish to use—without redeeming social value. The final landmark case was Miller versus California in 1974.In it, the court ruled that material has to go beyond any recognizable community standard relating to sex in order to be obscene. Standards vary "How do you establish what is the community standard?" said Michael Di Julio,assistant chief prosecutor for the Criminal Division, King County Prosecuting Attorneys office."It varies from community to community and person to person.It asks a juror to determine what is typical sexuality not just for himself but for his entire community. Could you do that?" Juries have tried. Sometimes they find the defendant innocent, sometimes guilty. And sometimes, because the entire jury could not decide whether the defendant was either, there was a mistrial. Whatever the verdict or the principle of law involved, criminal statutes are not an effective means for controlling pornography, Di Julio said. "That doesn't mean we don't prosecute when we get a complaint, because we do. But,the public isn't complaining and the police don't have the manpower to effectively investigate and arrest." A typical case Why?Consider a typical case:The manager of an adult bookstore is arrested for selling an obscene magazine. While his case is going to trial, his store will remain open — only one magazine, remember? You'd have to file a case on each one he has to go after the entire business—and sales will continue.The manager may plead guilty.If it is a first offense,he might get jail and a fine,although it is unlikely. Either way,the punishment won't come close to the money his business makes. "In some companies,the owner will just transfer him to another job, appoint a new manager and keep going," Di Julio said. If the company decides to fight the arrest,the case can stretch into months of expensive litigation. Meanwhile profits are still rolling in. "To prosecute effectively, you'd have to do it almost constantly. Meanwhile, there are lots of other criminal cases involving major crimes. As long as there is a market for pornography, it is almost impossible to control it through criminal prosecution,"he said. Effective for certain things In King County, criminal prosecution is effective in dealing with things like child pornography, bestiality and other rarities that probably would violate most people's sense of comuunity standards,Di Julio said. As a result,local dealers don't sell such things publicly,he said. But they do sell sexually explicit material and show X-rated films very much out in the open along Seattle's First Avenue,one of the few areas in Seattle zoned to allow pornography.In effect,the city has come up with a tolerance policy that so far seems acceptable to those who want pornography and to those who don't.Those who don't would rarely find reason to go to First Avenue. Still,some people want Seattle's porn zone and others in the state shut down. The most recent is state Sen.George Clark,a Renton-Bellevue area Republican. His bill,which has passed the House of Representa- tives, would allow private citizens to file obscenity actions against pornographers, rather than assigning prosecution to government bodies. Court challenge likely If the bill passes, it is almost bound to run into court challenges involving the freedoms of speech and press. In 1977, Washington voters passed Initiative 335, which would have allowed officials or individuals to seek temporary injunctions for closure of "moral nuisances." The Ninth'United States Court of Appeals last year declared the law unconstitutional.The court's ruling upheld a ruling by United States District Court in Eastern Washington which,in 1978,said the initiative constitutes imnermiaaihle nrinr restraint is non rh,hrnad rich uic0rn . get • P orah • A wa to ie4-' Editor's note:This is the first in a series of were loosened,it has been making up for union crews and cast.Editing is rudimen- background.His theatres are clean,well- articles dealing with the business of lost time. Like any new and booming tary.A porn film director uses about one decorated and pleasant,Forbes said.Last pornography. industry, pornography offers very real foot of film for every two shot. Other year, he paid $180,000 for refurbishing MARGESON opportunities for getting rich quick. filmmakers throw out three to seven feet the Rex in Tacoma and$100,000 for work By DOUG Staff Reporter The average cost of a feature sex film of film for every one shot. on the Liberty in the Tri-Cities. The p is around $100,000, according to David $10 million a week paid theatres are managed on a professional In view of the barrage of legal attacks Friedman, president of the Adult Film The market for porn films is enormous. basis,not by the step-ahead-of-the-police and community hostility he is receiving, Association of America.With any kind of In the United States,3.5 million people a methods common in the business a few one must wonder why Roger Forbes luck, that film will earn its producers week pay more than$10 million to see X- years ago,Forbes said. persists in his efforts to introduce X- $150,000.With a few good breaks,it could rated movies, Friedman said. American "I pay my taxes,meet the bills on time rated movies to Renton. bring in $1 million or more and a great sex films also earn about$250 million a and get along well with my employees," The answer,of course,is money.While many do,Friedman said. year in the foreign market—primarily Forbes said."I'm proud of my business." the rhetoric surrounding pornography— $50 million grossed Germany, Italy and Japan — Friedman But feature films are hardly the only morality vs. freedom of expression — Some films make profits that verge on said. way to make money through visual sex. makes for interesting moral and legal the unbelievable: Deep Throat, which "We are reversing the trade deficit," Hard core magazines sell well enough to debates,it may be irrelevant in view of an cost$25,000 to make in 1972,has grossed he said proudly. keep a score of shops on Seattle's First irrefutable law of human behavior: The more than$50 million so far and is still in The Puget Sound area is a booming Avenue in business.They are small time, law of supply and demand. distribution. porn market, the eighth largest in the however, compared to Playboy and The public is enforcing that law with its The profit trend for porn is leveling off, country,Friedman said. Penthouse,which are the cornerstones of pocketbooks. The pornography industry however,Friedman said. For all practical purposes, Roger $500 million a year soft core industry. in the United States earns about$4 billion "Nowadays,there is more of a gamble Forbes owns the X-rated feature film They are virtually everywhere. a year, according to conservative esti- involved,particularly for small filmmak- industry in the State of Washington.His Playboy and Penthouse were on sale at mates,and it is growing. ers," he said. "A lot of them think they Playtime Theatres Inc. employ some 75 19 out of 20 South County grocery and Loosening of laws can make a film on a shoestring and then full-time employees with a payroll of drug stores phoned by Valley Newspap- People have been finding ways to make rake in the profits. A few years ago, approximately $850,000 a year, he said. ers in an informal poll. Twelve of the a profit from sex for centuries.Until the maybe,but now the public is selective.A Profits are his private business, Forbes stores also carried other magazines. development of still and motion picture lot of films are being made.The best are said. Suffice to say they are good. All show total nudity. Some show photography, the market for visual sex the big money-makers." Out of sleazy background simulated sex acts.Most probably would Iwas limited.Strict law enforcement kept A producer's investment in a porn film The secret to his success is hardly a not have survived obscenity trials 15 a lid on the pictoral sex industry for about is low because they have a short shooting secret at all, Forbes said. He has taken years ago. 60 years.Since the early'70s,when laws time—two to three weeks—and use non- the X-rated moviehouse out of its sleazy Next: Battling a phantom NI R F.z Anti-porngroup sets meeting , bak a sale Citizens for a Quality Community, The seminars will include a Renton anti-pornography group,is guidelines for becoming a business sponsoring an informational meet- owner; information on how to mar- ing and bake sale at Renton High ket, promote and advertise your School Tuesday. The bake sale will begin at 7 p.m., products powero services;n an insight into with the general meeting following of print and how to at 7:30 p.m. in the school produce your own printed materials. Dan Kellogg,m. i Renton as gym. cityMary Cunningham, owner of PR attorney,will be on hand to provid businesses willNorthwest conduct tthe clasant to ses. an update on the city's court battle For information/registration, with Roger Forbes. phone 641-2263 or 228-4181. Forbes, who recently purchased the Re- Going On aters hn down- town Renton,wants to show X-rated movies at Renton Theater.Renton's anti-pornograpnhy ordinance pro- hibits showing of X-rated movies in either theater because they are too close to churches, a school and a residential area. The city and Forbes have filed actions in both U. S. District Court and King County Superior Court. Forbes wants to argue the constitu- tionality of Renton's ordinance in federal court; Renton wants to de- fend its ordinance in Superior Court. Kathy Keolker, CQC coordinator, said the meeting also will discuss "new possibilities for action by the community." She said a question- and-answer period will follow Kel- logg's address. Persons interested in donating items for the bake sale can call Lyla Will at 228-3279. For more informa- tion about the meeting, call Mrs. Keolker at 255-0936. �>9RCH 27) mostainewsimmiffismanimmaniffmnismomimmiminmii4 :hronicle ,2$ Cityméy soften porn law By GREG ANDERSON showing of X-rated movies in all of Renton because it was so restrictive. City Editor "The change we made in the ordinance frees Roger Forbes, who wants to show X-rated up the industrial area. It won't harm a movies in downtown Renton, probably will warehouse full of TVs if he goes in next door to have more land available to him in the city them,"Warren said. limits for such fare in a few weeks. Forbes, who owns a string of adult theaters Renton City Council approved the first throughout the Northwest, has purchased the reading of an ordinance Monday night which,in Renton and Roxy theaters in downtown Renton, effect, amends the existing anti-pornography and wants to show adult films at the Renton ordinance the city passed a year ago. Theater. His attempt earlier this year to get a The only major change in the ordinance is temporary restraining order to prevent en- prohibiting the showing of X-rated movies forcement of the city's anti-pornography ordi- within 1,000 feet of a school, rather than one nance failed. mile as the previous ordinance demanded. In other action Monday night, City Council 'Make it tough' got a history lesson about mines from Kathy "We found the old ordinance covered areas Keolker,president of the Renton Hill Commun- we didn't want it to cover, like the industrial ity Association. area (on the Valley floor in Renton)," said Mines not addressed Renton City Attorney Larry Warren. Mrs.Keolker said several developments are "Our intent is to make it tough for him under construction or planned in the Renton (Forbes) to say we are keeping him out of Hill area,and that some environmental impact town." statements for those projects fail to take in Forbes has filed suit in federal court,claim- account abandoned mine shafts. ing Renton's zoning law,which controls where She presented an overlay which showed the pornographic fare can be seen or sold, is location of a number of mine shafts in the unconstitutional and violates free speech. Renton Hill area,Tiffany Park and under Puget The City of Renton has filed its own suit, in Drive South. King County Superior Court, asking that it's "It concerns me that if a large apartment ordinance be declared constitutional. building goes in this whole area, they could Forbes and the city still are awaiting a collapse," she said. decision from U.S.District Court Judge Walter Mrs. Keolker added, "I want you to see the McGovern on the city's motion to have Forbes' trend here,and be concerned.I am.I am afraid suit dismissed from federal court. The city the city could have liability if any of these believes the issue is a local zoning matter and collapse." should be heard in Superior Court,rather than a constitutional issue to be heard in federal In other action, City Council: court. •Referred to the administration the subject of Frees industrial area taxing authority granted by the last session of Part of Forbes' argument is that Renton's the Legislature. Mayor Barbara Shinpoch will previous ordinance essentially banned the bring back a report on the city's financial shape 1 a` C/ OF R4,4 OFFICE OF THE CITY ATTORNEY . RENTON,WASHINGTON V `0 © L POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 Z. wO�i pLAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 900 CD' DAVID M. DEAN, ASSISTANT CITY ATTORNEY 94rF0 SEPSE�� March 22 , 1982 MARK E. BARBER, ASSISTANT CITY ATTORNEY TO : Barbara Y. Shinpoch, Mayor Members of City Council FROM: Daniel Kellogg, Assistant City Attorney RE : Amendments to Ordinance No . 3526 - Adult Entertainment Land Use Regulations As you know, the subject matter of adult entertainment land use regulations was referred Co the Planning and Development Committee at the last Council meeting. The Committee discussed this matter on March 18 , 1982 and has referred the matter back to the Council for full discussion. We will request an Executive Session at tonight ' s meeting to consider the present status of the Playtime Theatres litigation and to discuss the impact upon such litigation of any amendments to Ordinance No. 3526 . Our Department , in consultating with Mr. Clancy , recommends that the following amendments be adopted to the existing Ordinance No . 3526 : 1. That the one mile radius be deleted regarding schools and be replaced with a radius of 1 ,000 feet. 2. That a severence clause be added which will provide that in the event that any portion of Ordinance No. 3526 or its amending Ordinance be found to be un- constitutional or otherwise invalid, that such invalidity shall be stricken and shall not affect the entire Ordinance. 3. That the identification of residential zones within the Ordinance be clarified to insure that property with a zoning of "G" shall not be included within the proscribed area. 4. That a provision be added to insure that illegal , obscene exhibitions are not legalized by implication by the provisions of Ordinance No . 3526 . Mayor and Council Members Page 2 March 22, 1982 We intend to discuss all of the foregoing recommendations with you in detail and answer any of your questions regarding these matters . As a general rule, the only reason that we have the right to limit First Amendment expression is that we assert "substantial governmental interest" to preserve the character of our community through the means of land use regulations . The Supreme Court has stated in the recent case of Shad vs Borough of Mount Ephriam, as follows : . . .when a zoning ordinance infringes upon a protected liberty, it must be narrowly drawn and must further a sufficiently substantial governmental interest . . .The court must not only assess the substantiality of the governmental interest asserted but also determine whether those interests could be served by means that would be less intrusive on activities protected by the First Amendment ." Four controlling principles must be borne in mind when scrutinizing our Ordinance to determine whether it passes constitutional muster: 1. Regulations infringing upon constitutional rights fail if less restrictive alternatives are available. 2. The First Amendment mandates that such restrictions be narrowly drawn. 3. The Government may regulate in the area of First Amendment expression only with narrow specificity. 4. Regulations of First Amendment construction must be narrowly tailored to further the States legitimate interest . Because it appears that our ordinance created a classification of land use based upon the content of protected expression, the City must bear the burden of justifying that classification under a standard of strict scrutiny in order to satisfy the requirements of the equal protection clause. This is a marked distinction from the general pattern of judicial interpretation in which ordinances are presumed to be constitutional and are held constitutional if there is any set of circumstances which will support such a conclusion. Mayor and Council Members Page 3 March 22, 1982 With the foregoing principles in mind, we strongly urge the Council to delete the one mile radius . We realize that this gives the impression at first blush that the City is retreating from Mr. Forbes ' assault . However, our office has never recommended this particular approach. (See our letter of March 19 , 1981 attached. ) In our dicussions with other attorneys familiar with the subject matters of regulations of adult entertainment land uses , we have found no one who felt comfortable with the one mile distance . We understand that the one mile distance was inserted for a rational reason, that being the protection of children walking to and from school under the Renton School District ' s bussing policy. However, most ordinances will expressly exclude adult entertainment land uses with distances of between 500-1000 feet . No ordinance has adopted a one mile radius . We also understand that amendment of the Ordinance may give Mr. Forbes reason to argue to the Federal Court that he is the "prevailing party" and is thus entitled to an award of attorney's fees under Section 1988 . It is impossible for us to assess the degree of risk thus incurred by the amendment . It is our judgment that the risk is greater by leaving the one mile radius in the Ordinance. Our recommendations regarding the severence clause and the modification of the zoning designation are technical in nature, and if given effect by the Federal Court in this litigation should give no difficulty to the City Council . Our recommendation regarding illegal exhibitions is designed to exclude the possibility that Mr. Forbes may argue that the Ordinance legalizes displays of "specified sexual activities" in areas outside of the exclusions of our zoning code if exhibitions or those activities are illegal (meaning obscene) . As you know, our office attempts to maintain the distinction between questions of legality and questions of policy . The City Council is the final judge of questions of policy. No one wants to be responsible for a defeat at the hand of Mr. Forbes . Our office is doing its utmost to secure a favorable treatment of our ordinance against an overwhelming attack from Mr. Forbes ' lawyers and against, a tide of District court opinions from around the country which are striking down ordinances similar to ours upon a finding that the ordinances have a substantial impact upon the market place for pornographic material and therefore are dis- tinguishable from the case of Young vs American Mini Theaters upon which we rely. The consequences of a loss are significant Mayor and Council Members Page 4 March 22 , 1982 because under Section 1983 and Section 1988, the City may be liable for Mr. Forbes ' damages and attorneys ' fees incurred as a result of our ordinance and the litigation of its validity. We have exerted every effort and have left no stone unturned to use every procedural maneuver to protect our position and to obstruct their ability to present their case. Of course, this naturally tends to make the litigation more difficult for them and more costly to us in the event that they ultimately prevail. With this in mind, we urge you to follow our recommendation regarding amendment of the Ordinance. One of the major issues in, our litigation is over the extent to which communications by our office and the City Council are privileged. It is our desire to maintain the confidentiality of those communica- tions largely because of the embarrassment which might be occasioned by the disclosure of the fact that the City Council adopted Ordinance No. 3526 despite our recommendation against the one mile radius . Therefore, please continue to be careful to keep all discussions of this matter confidential and do not disclose the contents of our communications to you to anyone. Daniel ogg DK:nd Encl. cc : City Clerk David Clemens James Clancy r eaS — o7 :larch 19 , 1961 CO::F IDENTIAi TO: Planning, and Development Committee FRO:'.: Lawrence J. Warren, City Attorney RE: Exclusionary Distance on Adult Entertainment Zone Gentlemen: It is my understanding that the Committee has recommended a one mile distance from any schools . I have some problem with that distance , particularly when you consider the locations oftthe various schools in ;:enton. It is certainly reasonable to exclude an adult entertainment use from the immediate vicinity oF a school, church, single fa aly residence zone , pu'olic area, public use zone , etc. :.cw-ever, that distance must rea.sonalde and should not be strictly cxciusionarv. . v feeling is that a Judge would find a mile to be exclusionary. If such a finding was made the Judge would invalidate the ordinance. as being a prior restraint of public speech. i^c concert is sum porcai;ic, I only cucstion_ the distance su ^,cstec by the Committee . Of course , this opinion is advisory only and the Council itself is the ultimate decision: mat:er. however, I thou`.ht you would like my tioughts before the final draft of the ordinance was presented. Lawrence J. Warren _...____.___._._._._.__._._._ Forbes wins rou n in porno figñ dent of Playtime Theaters Inc., were the state courts determine the constitu- Lawyers for Forbes and Renton will By ED PENHALE successful in convincing Sweigert that tionality of the anti-pornography ordi- return to Sweigert's courtroom April 9 to County Bureau Forbes' lawsuit properly is within the nance,clearing up any defects that may consider Renton's motion asking that the X-rated movie showman Roger Forbes jurisdiction of federal court and should be in the law in the process,according to Superior Court case be allowed to con- won a procedural victory Friday in his continue there. Hempelmann. tinue in Superior Court. legal battle to have the City of Renton's The Renton ordinance effectively bars Superior case in doubt The legal maneuvers could lead to anti-pornography ordinance declared un- the showing of adult films at Forbes' Sweigert also said Friday he would parallel cases proceeding simultaneous- constitutional. Renton and Roxy theaters in downtown recommend to McGovern that he deny ly in both federal and state courts,as well U.S. Magistrate Philip Sweigert, fol- Renton by prohibiting screenings of such Renton's motion calling for federal court as conflicting rulings. lowing a court hearing, said he would movies near churches, schools, residen- action on Forbes' lawsuit to cease while City has 10 days 'recommend to U.S.District Court Judge tial dwellings and parks. the city proceeds with its attempt of Renton's attorneys have 10 days in Walter McGovern that he deny Renton's John Hempelmann,an attorney repre- obtain a declaratory judgement in King which to file objections to the Sweigert's motion seeking dismissal of Forbes'fed- senting citizen groups who want to block County Superior Court on the constitu- recommendations. Then McGovern will eral court lawsuit against the city. the showing of adult films at Forbes' tionality of the anti-pornography ordi- have to decide whether to adopt the Lawyers for the city argued that theaters in Renton and Redmond, said nance. recommendations. Forbes' federal court lawsuit should be Forbes wants to preserve federal court as The future of the Superior Court case is Forbes has yet to show an X-rated film dismissed because it involves land-use the forum for his lawsuit because he and in doubt,however,since Jack Burns,one at either the Renton or Roxy theaters.He questions that should be decided in state his lawyers believe federal court judges of Forbes'attorneys,effectively had the sought a temporary restraining order court — namely King County Superior will take a more liberal view of the issues Superior Court case transferred over to thaat�,would have prevented Renton offi- Court. involved. federal court earlier this month by filing ciai from enforcing the anti-pornog- Forbes attorneys succesful Renton's strategy was to hold up feder- in federal court a petition seeking that raphy ordinance, but McGovern denied But attorneys for Forbes,who is presi- al court consideration of the case while action. the request. 3/y4.01- Judge backs city on porno By ED PENHALE County Bureau U.S. District Court Judge Walter McGovern has entered an order adopting a federal court magistrate's recommendation that X-rated film showman Roger Forbes be denied his request for a temporary restraining order to bar the City of Renton from enforcing its anti- pornography zoning ordinance. Forbes,president of Playtime Theaters,Inc., had sought a court order permitting him to show sex films at the Renton and Roxy theaters in Renton pending the outcome of his legal battle to have the Renton ordinance declared unconstitutional. U.S. Magistrate Phillip Sweigert recom- mended Jan. 29 that Forbes' request for the restraining order be denied and a law clerk for McGovern confirmed Wednesday that McGovern now has adopted Sweigert's posi- tion. The next step in Forbes'lawsuit is a hearing before Sweigert March 12 where attorneys for the City of Renton will argue that the lawsuit filed in federal court be dismissed because it should be heard in King County Superior Court —and not U.S. District Court. • City Council meets tonight About 100 persons showed up for a public hearing Thursday on the ci- ty's anti-pornography ordinance,but a regular meeting of the Renton City Council scheduled Monday at 8 p.m. at Renton City Hall promises more routine fare. Besides a proclamation of Girl Scout Week March 7-13,other items on the council agenda include a request from the Salvation Army to have an alley between Burnett Av- enue South and Williams Avenue South vacated and a Board of Public Works request that the Boundary Review Board take jurisdiction re- garding a proposed annexation by the Cascade Sewer District. The area proposed for annexation is immediately south of Victoria Park on the east side of Talbot Road South.The Engineering Department has indicated the proposed annexa- tion would lead to a duplication of service in the area. Other items on the council's agen- da include a request from the Park Department for a transfer of funds to replace to agricultural tractors at a cost of $44,800. The item is scheduled to be referred to the city's Ways and Means Committee. The council meetings are open to the public. 'eer14-J Anti - pornordinan,. draws L 7 100 to rall By GREG ANDERSON with petitions signed by 11,447 persons. �`• '� � �:� City Editor `Petitions a mandate' rs "These petitionsto represedefendntprotect a mandateand About 100 persons crammed into the From the people , Renton City Council chambers Thursday enforce" the adult theater zoning ordi night in what turned out to be a pep rally nance,she said as the audience broke into in support of the city's anti-pornography applause. ordinance. Y Several members on the board of ,, City Council scheduled the public hear- directors of Mrs. Keolker's group spoke �; ing to gather more public comment on its in support of Renton's ordinance,as did '*51 ; ordinance, which bans adult theaters representatives of a number of churches -, :m�s within 1,000 feet of any church, park or youth groups,school groups,the business a :. - s ;3 dwelling, and one mile of any school. community and the public in general. r k M ; Testimony taken during the hearing Charlotte Kegley, president of the x fi �<: could be used for any future revisions in Honeydew Elementary School PTA and the ordinance or possibly used in con Renton PTA Council, said pornography K junction with Renton' court battle with has been linked to child abuse and 4 £ - <� Roger Forbes, who wants to start show- molestation. 40,4e,,ta,,� R ing X-rated movies in a banned location. "Do you want our teenagers driving by �, Comment is what the council got.A lot a marquee that suggests Deep Throatas a of it. way of life?" she asked. ' ', Three speak in favor Brad Allen,a senior at Kentridge High Only three persons argued in favor of School and Renton resident, in effect ' " allowing the showing of X rated movies answered that question. A '. •* �,- anywhere in the city. All others who Teens aren't apathetic '" ` `'` spoke,supported by the vast majority of "There is a misconception that the the audience,said they support Renton's youth of our town are apathetic.They are ordinance and attacked pornography in anything but apathetic."_ _,_ 3 general and Forbes in particular. Sandy Webb of Renton called X-rated �` Kathy Keolker of Renton seemed to set theaters "a place for the depraved, •^ F, s •the tone for the hearing by praising the deprived and curious." council for its foresight in developing the Webb and many others said X-rated ;� anti-pornography ordinance before a movies would have a devastating effect t = <x problem existed and said the public on children. enthusiastically supports council efforts Don Jacobson,president of the Renton *� ,� in defending the ordinance in court. School Board, followed another theme Mrs. Keolker, who is coordinator of mentioned several times. Staff photo by DUANE HAMAMURA Citizens for a Quality Community, a "A community has the right to regulate group formed to help support the ordi- air and water pollution.We also have the Gwen Smith, left, Charlotte Kegley listen to council proceedings nance and fight Forbes, emphasized her right to regulate the pollution of the point by presenting council members minds of our youth," he said. RECEIVED / %,_vveil:AA.,- ,,, FEB 2 6 19K NY OF RENTON ...:;, CITY COUNCIL / "e"--"zido-,7/1:::-pl:.--6, '" fre.?e9Z7-12:2-'121 ____ ...._ "714,6-C7e-0-2-e-en-c GA-4, e,z-e ,t5Re* ' eX'' ) , ,‘ 4 "--fr3,e-en,, ... . ,„... ....)..., . 4... , 1.99 c-241.4_., Cergevie.d0; h' 49./zer,e-,e.ry -ee- Cil, -d ,a0 /14-- -e/ 7-- lee e'e -, , /4.1 -i-zeet.,. 41 zaZerieetre -3 -,-. .../ rz- , 2-y . - )a "744ta-kt. 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(t •( t Ni Z '\)': r‘ k \•, ', - :n ,i k Rkc\i 's-4 , r-1 k irom p..-w,A ..., .;,-.,:„.-,,-, - 4. . .. , ____ ! , -:1.,.s. ba,iz - 4- , , -, ,,. . . : - . 1 f Fren,„ 0,414'.',X4''' '-‘ ...` ;\. i\li � t\ke\ .,.\ � L \ , ,,\ (,,i f, ti koc \\ c\ c\= ,k _ .\1 % ..' ‘ (- , \-k\ c . 1 ,'\ ) (Vf (i 'k - k \kl\ ( 4 tINz\\k„, ((k `(`' , kr% v v •N , ' N' ,it , t.r .,, , \ .'k .4. r‘ \ eC\ \‘' ' \‘‘A k ‘\ . e‘: \ ,s.‘ T4 t\ \; `fs ' c ' .,, \A \ . , ,‘ k ,‘ '� U n k !\ \ '\kf\j\\\' ''.., \`'` 'i ' `A rk\ ktrtis c\ \ ) N) I \ti ,.\k., \\(c ., ; . ,t (.4, , i,-, ‘ t\c‘ .\, k, (--1 , ,i , ,, ,,, iNs. t , \ N . , N. ki ,:\ k ‘s c\\\,,,::\, \ c.,,, 'Y',- ,,,k ,,tx,0 . trk`,;:' (i,, `‘).. ,‘ \ N w • ' k 4 k vi ' c' '' K)'\‘ .'11 '‘ ': \ IN 'N \k ki, c%' N %. c\ \'\ \N- N. \ r ` taT i.,\ `" • X \ 6,, \A‘ \ ,T \ 4 \ t A 1/44 , Ni k, ,1 k , , , ' t • k' ';i:\, , ‘kl* k k , c\t, , 'fii \ , r) r\( \*:,. fc ,- k.. \ i\ rk t" k\ • N s \ \‘\‘` ‘ r—k, k :k, ( , f \ ' \ , k 'X\ \k Z N ' ( 1' ;i\\ fX. k, ‘ , ' . c\- ' ' . it , 4, '\..'s ts‘ \ . X %_ \ ” Nli , N k 't % I . f'‘: A . i • (t ' ) , , , , ,\ O ' F.":"..001 • p °/ I-21g� io. ' •Nr , 1'1 "11aj OF ! zN le o THE CITY OF RENTON U ,� 4 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 nsa BARBARA Y. SHINPOCH, MAYOR • DELORES A. MEAD 04 �o CITY CLERK • (206) 235-2500 0g7'ED SEPSE%OAP February 17, 1982 TO: Daniel Kellogg, Asst. City Attorney FROM: City Clerk's Office RE: Playtime Theatres, Inc. vs City of Renton Your letter of 2/8/82 requesting documentation re Ordinance No. 3526 Enclosed please find the following copies: 1 . Letter of 5/22/80 from Mayor Shinpoch to Council President Trimm. 2. Council Minutes 6/23/80 referring subject of adult bookstores , films , etc. to the Planning and Development Committee. 3. Council Minutes 9/8/80; Planning and Development Committee referring adult entertainment land use matter to the Planning Commission. 4. Notes of G. Y. Ericksen, former Planning Director re Special Study.' 5. Notes of Planning Commission committee re plan of action. 6. Renton Planning Commission Meeting Minutes 9/10/80 re regulation of adult entertainment land uses. 7. City Council Minutes 10/13/80 adopting Resolution #2368 declaring 120 day moratorium on licensing of businesses selling/showing sexually ex- plicit materials. 8. Copy of Resolution #2368. 9. Planning Commission report of Special Studres Committee. 10. Letter of 11/24/80 from Renton Planning Commission re adult entertain- ment land uses. 11 . Agenda bill 12/1/80 presenting Planning Commission letter to Council . 12. City Council Minutes 12/1/80 referring Planning Commission letter and subject of adult entertainment land uses back to the Planning and Develop- ment Committee. 13. Letter of 12/3/80 from Mayor Barbara Shinpoch to Planning Commission. 14. Council Minutes 2/9/81 Planning and Development Committee rescheduled meeting for meeting with public. S. Planning and Development Committee Notice of Public Meeting 2/10/81 for 3/5/81 meeting. 16. Asst. City Attorney letter 3/24/81 . 17. Planning and Development Committee Report 4/6/81 re adult entertainment land use. 18. City Council Minutes 4/6/81 adopting committee report and first reading of land use ordinance. 19. Letter from City Attorney 4/8/81 requesting environmental review. 20. Council Minutes 4/13/81 adoption of Ordinance #3526. 21 . Ordinance #3526 relating to land use and zoning for adult motion picture theaters. . '. 2/17/82 To: Daniel Kellogg, p54t, City Attorney 22. Environmental Review Committee Agenda 4/15/81 . 23. Environmental Checklist No. ECF 038-81 . 24. Environmental Checklist Review Sheets from City Departments: (5) 25. Final Declaration of Non-Significance ECF 038-81 . 26. Notice of Environmental Declaration ECF 038-81 . If we can be of any further assistance, please do not hesitate to contact this office. Delores A, Mead, C.M.C. City Clerk PS: Also enclosed is tape of City Council Meetings of 4/6/82 and 4/13/82 with excerpts for adoption of Planning and Development Committee Report, first reading of ordinance and adoption of Ordinance No. 3526. 2/17/82 To: Daniel Kellogg, Asst, City Attorney 22. Environmental Review Committee Agenda 4/15/81 . 23. Environmental Checklist No. ECF 038-81 . 24. Environmental Checklist Review Sheets from City Departments: (5) 25. Final Declaration of Non-Significance ECF 038-81 . 26. Notice of Environmental Declaration ECF 038-81 . If we can be of any further assistance, please do not hesitate to contact this office. Delores A. Mead, C.M.C. City Clerk PS: Also enclosed is tape of City Council Meetings of 4/6/82 and 4/13/82 with excerpts for adoption of Planning and Development Committee Report, first reading of ordinance and adoption of Ordinance No. 3526. CERTIFICATE I, flfe trnlersigned, to/o,A&_s , ae,,/ Clerk of The City of Renton, Washington, certify that' this is a true and correct copy of¢1-0-- y¢' Subs ribed and Sealed thfs..%7 day of.!` ' 9 e?-7 City Clerk Tuesday, February 16, 1982 Porfl f High-seas tragedy , /ft 9 Y11/ At least 15 Americans die By GREG ANDERSON when Atlantic oil rig sinks; A8vir City Editor When the City of Pasco got prevent him from showing X-r best thing. They negotiated. Lee Kraft,city manager for "There was a big fuss here,p The Four R's Kraft."The city tackled him he, for our ordinance in preventir At Highline CC, it's readin', thought it would cost us anoth g $10,000 we already had spent. 'ritin', 'rithmetic 'n Reese; A6 R i_ • "So we looked at other feasib the council,the public furor die with Forbes for a nonconforming bad situation.We told Forbes, `' `' " The dealing that went on eve Serving F theater,and the city,according than the shabby structure that With one small problem. Pi i .,�fI����UIIUu,.,. , Kraft still winces when asked, Goo . 0rn hasn .,, award from the Crater r tedPasco. "That got misinterpreted by t that he fix up the building,and ■ award was given for being an oMorn�thing to do with him being a goo • % By GREG ANDERSON who fixes a blighted piece of p = City Editor Kraft acknowledges that may i If Roger Forbes eventually wins the addition of an adult theater his court battle to show X-rated poor image for Pasco. RAIN. Occasional rain and movies at a downtown Renton thea- Kraft said that hasn't happet windy at times through Wed- ter,will such pornographic fare lead WE I i "There have been no complai nesday.Mild. Lows mid and directly to increased crime and less one verbal complaint.I don't k upper 40s. Highs low to mid business for other downtown mer- Once in a while someone send: 50s. Winds south 15 to 30 chants? mph only X-rated theater in the Tri A number of local residentsand "There has been no prolifer and gusty. Chance of rain 80 business people fear that it will. here.There is an adult book sty per cent Tuesday and Tuesday Their fears were heightened when before he took over. night. Details,A14. Rep. Mike Patrick, a Renton legis- store"The businessmen haven't lc Min. Prec.* lator who also is a Seattle because of it." Feb.15 police 58 48 .24 officer, told a recent gathering of Rainfall this week: 1.14 citizens that he knows it will. A similar story is told by o Rainfall this year: 8.88 showing X-rated movies last yWe had last `Measurements recorded at 5 p.m. But maybe not. "Wethe same furor Renton not the first directorWethe Bremerton Cha COMMUNITY PLAN.After a Renton certainly isn't the first city seven-month hiatus, the Forbes has"invaded."He now owns But in the business commu Tahoma/Raven Heights10 adult theaters in eight cities inthe haven't heard of any complain Plan Northwest,plus the two Renton thea- haven't haven t said a thing sine Committee meets tonight to ters at which he now is showing have located in the area of For go over the details of a draft general audience movies pending buildings like Forbes did." community plan. Details,A2. the outcome of his court struggles Repairing shabby buildings with the city. tactic Forbes has in assuaging GM TALKS? The United Auto Those cities already familiar with "I will say this in defense c Workers union has not ruled Facoes and his fere include n, Pas- improving the appearance of tl Tacoma, Spokane, Bremerton, is an adult theater,and look str out the possibility of resuming co, Point Roberts, Portland and I It was a very shabby building I contract concession talks with Redmond. a tendency to make other busi General Motors Corp. Details, Have all these cities experienced a i UY ' I Nysoe said. A8. wild increase in the crime rate due to "I hesitate to use the word`a the showing of pornographic mate- agree with him,pe but he hasn't s we have POPE SECURITY.A slightly tractra anDo "their" ry clientele,"theaters at- Forbes, s "I don't think it's hurt busi sunburned Pope John Paul II an "unsavory as suggested by John Hempelmann, a Is was ringed by heavy security Seattle attorney active in anti-por- Increased crime due to X-rl Monday as he celebrated nography groups such as the one Cundiff, deputy chief of the l Mass in the Moslem city of recently formed in Renton? anyone raping our women or a. , Ibadan. Details,A8. Are "legitimate" businesses dri- ven out of an area in which adult Special lession to deaI with orn lack movies 7:15 p.m. Monday in the fourth floor conference Under the ordinance,showing of X-rated By GREG ANDERSON at Renton Theater, which is near Renton High room laet C�bHcal Safety Committee, which will City Editor School and St. Anthony's Catholic Church and rev The iew the use of punchfetboard and laws hichrnin l 4 Renton City Council will meet in special session parochial scholol,is illegal. its adult Feb. th to eatern zoning ordinance,rwhich call it clarification,"on "We're not Warren to cut said.out. I would just sixth flor oraconfere a room atCityHall.4,in the adult movie 4 already has been challenged in court. He explained that using rigid distances in the •The Utilities Committee, which w conference ill meet at The meeting l begin at 7:30 Hall 200 Mill Ave. He ordinancesaid some cases natural barriers,make common sense in all cases. 4:45 p.m.like the room to discuss in request fourth floor a rlatecomer's chambers,second floor ofCity S. Valley Freeway or I-405, could serve as better agreement and receive an update on pending items. ' 1 The hearing is being conducted at the request of boundaries for zoning of adult movie theaters. City Attorney Larry Warren. Warren said he became concerned about some "Zoning is an ongoing process,and we just want ambiguities in the ordinance when he was in court a to clarify some of the things in that ordinance,and week ago arguing that Forbes shouldn't be granted we want to know what the public thinks,"he said. a temporary restraining order.Forbes wanted the The ordinance, adopted last spring, prohibits order to prevent the city from enforcing its adult movie theaters from areas near churches, ordinance.Forbes' effort was unsuccessful. schools,homes or parks.Roger Forbes,who wants Other council committee meetings coming up to show X-rated movies at the Renton Theater,has include: ' filed suit in U.S. District Court challenging the •The Transporatation Committee, which will • constitutionality of that ordinance. review parking permit policies during a meeting at pi d.4.-Luel-Ls 5 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. t��Illl� r abago being first duly sworn on oath,deposes and says that sbO is the ...oilier o 1 L1"k of THE DAILY RECORD CHRONICLE,a newspaper published six(6)times a week.That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four(4)times a week in Kent,King County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit,King County, Washington.That the annexed is a....Notice•••Q!—Publics CITY OF RENTON NOTICE OF Ibtaring 1i 951 PUBLIC HEARING c7 SPECIAL MEETING Renton City Council as it was published in regular issues(and Thursday, February 25, not in supplement form of said newspaper) once each issue for a period 1982 NOTICE IS HEREBY GI- VEN that the Renton City Council has fixed the 25th of I consecutive issues,commencing on the day of February, 1982, at 7:30 p.m, in the Council Chambers of the Renton 5.thdayof February ,1982.c.,and ending the Municipal Building, 200 Mill Avenue So., Renton, Washington,as the time and place of a Special Meeting to day of ,19 ,both dates hold a Public Hearing to inclusive, and that such newspaper was regularly distributed to its sub- consider Land Use Regula- scribers during all of said period. That the full amount of the fee tions at Adult Motion Picture Theatres within the City of yy Renton;and any other busi- charged for the foregoing publication is the sum of $....+{.•4Qvhich ness as may come before has been paid in full at the rate of per folio of one hundred words for the the Council. first insertion and per folio of one hundred words for each subsequent Any and all interested per- insertion. sons are invited to be present. ifg_ Q City of Renton Delores A. Mead, C.M.C. CJ City Clerk ghler .olark Published in the Daily Re- cord Chronicle Feb.5,1982. R6951 Subscribed and sworn to before me this 9th day of February..., 19 82 Notary Public in and the Stat of Washington, re ding t K• g County. feaera Way —Passed by the Legislature,1955,known as Senate Bill 281,effective June 9th, 1955. —Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. V.P.C.Form No.87 Rev.7-79 FE. In .. City of Renton NOTICE OF PUBLIC HEARING SPECIAL MEETING Renton City Council Thursday , February 25 , 1982 NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 25th day of February, 1982, at 7:30 p.m. in the Council Chambers of the Renton Municipal Building , 200 Mill Avenue So. , Renton , Washington, as the time and place for a Special Meeting to hold a Public Hearing to consider Land Use Regulations of Adult Motion Picture Theatres within the City of Renton; and any other business as may come before the Council . Any and all interested persons are invited to be present . CITY OF RENTON Q ;� 1-- Delores A. Mead, C. C. City Clerk DATE OF PUBLICATION February 5, 1982 , 1pD • Ay to win .... _ - Ito � , �t Kathy Keolker takes no uff = .�� z - �����` .� not even from �_ 10 . IN a porn king ,� �*� By GREG ANDERSON :fr ' • �' !f �s j� s , City Editor . s `.. 4 a r When Roger Forbes purchased two downtown Renton theaters recr'ntly f I: 7 , , ,,,:i,,,,,i, ,,- -- . ! 6t �. _ : - • with plans to start showing X rated movies, he knew he would have tochallenge the constitutionality of a municipal zoning ordinance for adult+ ' movie theaters. ,� r 'a �� What Forbes didn't know was that he also would have to contend with f ' Kathy Keolker. ,{ - • } E He might be thinking now that dealing with attorneys and the courtsi4 #, { looks much easier than dealing with Kathy Keolker. �'ti ri.• j� • Kathy Keolker is the young Renton Hill resident who organized Citizens Al F": for a Quality Community in a matter of days. Her group has been so `' Al effective alreadyin ' r1 r opposing the showing of adult movies in downtown + �' Renton that Forbes wants to take Mrs.Keolker out to lunch"fora " � talk." ,�. , E i A week ago,.� ,i • ! / :.'�i� r ', g ,Forbes dismissed Mrs.Keolker,27,with a wave of the hand 5 ' • 'i' .,, „i„ when a reporter told him he might have met his match.Forbes apparently `'4. .. is having second thoughts. • x �,ffr s�4,. Kathy Keolker is a strong-willed woman whose organizational abilities :,,.,,.. #: ;' would embarrass many a corporate executive. She is a whirlwind of • t s .'. ,: : • " activity, thoughts and inspiration to her followers. # . ., ... _ _ .. . . , ,< And Kathy Keolker does not fear Roger Forbes. �' "People view Mr. Forbes as a powerful person.The only power he can ` have is the power you allow him to have.You can control your own actions �''and behavior. If you allow people to overpower you,that is your problem. ` ` You can't give power away and not fight, and a lot of people do that. c+ . ' r '� . lot SoA kir • '; N a :3� . know that.to what?I have Renton.I am not easily intimidated,"she said in ' ,-. a recent interview. • �y7t,K -: ,$ * 2? 4 ; Mrs.Keolker,the mother of two young sons,knows who and what she is j/t,f- ,� r'* ? #' ; � dealing with. She grew up in Pasco,in Eastern Washington. Her favorite• '' theater as a child was purchased b Forbes several years ago.She says she }„/- , -.4. ",. IF -'''_;�" 5 has since seen a steady deterioration of downtown Pasco. r,iiielf;, • t r, z. :� "People don't even let their kids go into downtown Pasco any more." l : 7' ,� g a But who is Kathy Keolker? What makes a busy housewife with no / • college degree or extensive formal work record think she can organize, Staff photo by DUANE HAMAMURA head and utilize a growing group of angry citizens opposed to the showing of X-rated movies in downtown Renton? Roger Forbes is about to find out. Kathy Keolker in action . . Staff photo by MARK MORRIS (For an interview with Kathy Keolker, see page A2) . . . and at home with son Nicholas 'ci nil fnr e an nu Jjsh ? Next case , lea Lotteryin thep Se cards ..,--� ...!Tsb4desk link• •A ell CV' IMure 1 rya ti r�cvi nci _ = � # 1• Devoted housewife willing, able1111';' • '' ,::: ' ' to do battle for her communit ;v .$ _4 :4'''41:::::11°°11"41.11: ti By GREG ANDERSON let my feelings be known. When this issue broke, K • Xx ► ' City Editor people started calling me. They asked me what I was ��° to —.... ......—.. .• going to do about it.I guess people came to me because ., "I am just a housewife. I don't mind being called they know I can organize." that.That is what I am.But that doesn't mean you can't Like most housewives, Mrs. Keolker is not"just a do anything." housewife." t- iff. Indeed. She won a number of scholastic achievemant awards Kathy Keolker is a housewife. A devoted one. She at Pasco High School. She attended classes at Seattle i ' sold a business she started in Kent so she could spend University, Green River Community College and the , d" ' more time with her young sons.Justin,6,already is in University of Washington. school.When Nicholas,2,goes to school,Mrs.Keolker But after taking a number of classes in law and probably will go back to college and get a degree in sociology,Mrs.Keolker decided she didn't know what public administration. she wanted to do.She left school and started a family She has a good chance to get extra credits-by citing with her husband, Denis, a machinist in the steel her"life's experience,"as college administrators like industry. to say. Still, during her high school days, she was a / Many people in Renton remember Kathy Keolker moderator on a live TV show dealing with social from her battles with the Renton Plalnning Commis- tensions in Pasco.She received a service award from sion, City Council and an apartment developer who the Pasco Youth Commission for her work in dealing wanted to expand apartment zoning on Renton Hill, with community and racial issues in that community. Kathy Keolker was at front of demonstration Saturday where Mrs. Keolker lives. Variety of social work Land-use battles She worked for a while as an assistant to the city reached that conclusion," she said. ordinance to support, and they don't. They are more Mrs.Keolker has been president of the Renton Hill manager in Pasco. Her first job in Renton wa" with Mrs.Keolker firmly supports Renton's anti-pornog- into the moral aspects. We are trying to stick to the Community Association since 1976,when the land-use Renton Area Youth Services. She has worked ,with raphy ordinance, which limits how close adult movie law.If you look at Mr.Forbes'pattern,when people get battle began. The struggle over zoning on the hill alcoholics and alcoholism, and has done extensive theaters can be located to schools, churches, homes on the moral bandwagon, they are lost. lasted for several years.Mrs.Keolker's group eventu- work in helping mothers and families and hospitals and parks. Showing X-rated movies at either the "We don't intend to do that.People need to be'shown ally won. deal with Caesarian births. Renton or Roxy theaters,both of which Roger Forbes how to respond. That's not to say people aren't But through that experience Mrs.Keolker learned a No, Kathy Keolker doesn't have a college degree. has purchased,would violate the ordinance. concerned personally about the moral issue;they are. lot about organization and persistence. She also Yes, Kathy Keolker does have the credentials and "We want to provide expert legal help to the city,and "But we aren't as a group.We are attacking a narrow learned a lot about long hours, hard work and night experience to mobilize hundreds of citizens in oppos- the city attorney's office is willing to accept that help, issue,the legal issue.We think that is our best chance meetings. ing X-rated movies and gathering thousands of which speaks highly of them. The city can't afford for success." But it was more than that experience that prepared signatures on petitions. $100,000 in legal bills. Mrs. Keolker said she has "learned more about her for her most massive project to date: organizing But at a cost. "But if Mr. Forbes beats the ordinance, we will pornography in the past two weeks than I ever wanted Citizens for a Quality Community to keep pornograph- "It has been very bad in terms of time with my picket his theaters until the city can come up with to know." She is "comfortable" with Renton's ordi- ic theaters out of downtown Renton. family.I expected to devote a couple weeks exclusive- another ordinance." nance which zones adult movie theaters,and feels no Mrs.Keolker always has been organizing,challeng- ly to set this up.It's indicative of the support we have "No one can ever convince me that those theaters need to seek an outright ban of pornography, some- ing,pushing. that the organization has grown so quickly. are a proper location for pornography.It would be like thing courts have frowned upon. "Each person has certain gifts,"she said."Our job is "I couldn't do it with a full-time job plus home. I sending a child to school down First Avenue in Seattle. Walking a thin line to find out what those are and use them to the best of expected to be exhausted,and I am.But the immediate There are schools,churches and homes here.The issue Mrs. Keolker also is walking a thin line.Controver- our ability.I guess in looking at my past history,I have crisis is over.Mr.Forbes lost his motion to restrain the here is placement, and that is what we are fighting sial groups like Moral Majority have offered their that ability. city from enforcing it's anti-pornography ordinance. for." support. Mrs. Keolker is discouraging support from "In junior high school,I was upset at what was going The organization is set up. Now we are just fine- Not interested in violence such groups. on and wrote a proposal to the principal.I was upset at tuning." Mrs.Keolker said a few citizens have expressed an "We've heard from groups like Moral Majority.But the counseling services and there was change. Two weeks ago, in those first days of organizing, interest in violence. She isn't. • we don't want to take donations from special interest in"anmd just not comfortable sitting back and complain- Mrs.Keolker's typical day started at 7 a.m.and lasted "People are frustrated and angry, and our group groups,those that support the ERA or Moral Majority g n nothing."g.' until 4 a.m. the next day. provides a legal way for them to fight back. Without and things like that.We don't want to alienate anyone. A Herculean task Explaining conclusions the group,you would have people out there doing some We'll be looking at donations on a case-by-case basis. But how was Kathy Keolker, a 27-year-old house- "There was overall planning to do, contacting goofy things. We are law-abiding." And she also has become the consummate sales- wife and 10-year resident of Renton, assigned the people, writing speeches and petitions, meetings, Mrs.Keolker said there is a big difference between person. toHerculean task of oppose X-rated organizing vied in downtown Rentoe citizen n? organizing phpr one zcalls. tThe t when most di reach a cocult nclusion Cher on how ere is in her group and the Redmond citizens group fighting "Don't forget to tell the people they can send their g g youForbes and his movies there. contributions to Community Bank of Renton in care of "I don't know.When I feel strongly about an issue,I to do something,you have to explain to people how you "We are different, very different. We have an the MC" chi'Reif'Wei .with al. .._.,, _ TO: DATE: FROM: CITY CLERK'S OFFICE SUBJECT: Please furnish the following to the City Clerk's Office: Certification of Posting Legal Description Certification of Valid Petition Map Deed Pro Rata Share of Costs Easement Restrictive Covenants THANK YOU! Requested by: Kiwanis chi s i �'3 �� p n $1 ,00 to anti-porno warchest By,GREG ANDERSON age and foresight to donate this City Editor money." Mrs. Keolker told the group her A Renton citizen's group or- citizen's committee filed incorpora- ganized to fight Roger Forbes and X- tion papers Friday. rated movies he plans to show in the "We are the Citizens for a Quality city got a big financial boost Community. We are for something, Tuesday. not against.We hope when this issue The Renton Kiwanis Club donated is over, we can help stimulate the $1,000 to Citizens for a Quality downtown business area and make it Community, and challenged other grow again," she said. civic and service clubs to match the donation. Will defend ordinance She said grou will work to Kathy Keolker,coordinator of the help defendher Ren on's adult theater committee, accepted the check on zoning ordinance. "We won't file the group's behalf. She said the separate legal action now. But we Kiwanis donation brings the total may later depending on what moves amount of donations to$2,300. The money will be used to helpbuyMr. Forbes makes,"s she said. materials and pay for legal expenses "We think it is a good, strongo g P ordinance,and we are grateful to the incurred by the citizen's committee (Renton)City Council for passing it." in fighting Forbes. Mrs. Keolker enthusiastically Forbes has purchased the Renton praised Dan Kellogg, assistant Re- and Roxy theaters on South Third nton attorney who, with City Attor- Street. He wanted to start showing ney Larry Warren, successfully ar- X-rated movies at the Renton Thea- gued before a U. S. magistrate last ter, but lost Friday in his bid for a week not to grant Forbes a tempor- temporary restraining order to pre- ary restraining order. Kellogg is a vent enforcement of the city's adult member of the Kiwanis Club. theater zoning ordinance. Not all club members agreed on Ordinance limits location the donation, however. One club Renton's ordinance doesn't allow member argued that a "head-on adult theaters within specific dis- confrontation" between the citizens tances of churches, schools, homes and Forbes results only in added or parks.Showing of X-rated movies publicity for Forbes. at either of the two downtown thea- "I question giving $1,000 to spur ters would violate the ordinance. him on,"the member said. "We want to help prevent the Replied Mrs. Keolker," "We've unwanted, undesired infiltration of questioned our approach,too.But we pornography in our city. This may decided that Mr. Forbes will get spur other clubs to support this headlines no matter what. So we worthwhile cause," said Dr. Roger decided to get publicity on the other White, Kiwanis president. side, too." Said a happy Mrs.Keolker,"This is Added another member from the more money than I've held in my audience later,"I am very proud our hand for a long time. I am proud of club has gone on record to support your organization in having the cour- this." Page A2 Tuesday, February 2, 1982 Record Chronicle Sattorney : ouh battl e a ead , with F attorneys now have 10 days in which to file further arguments in the case could come considerably later when the ordinance itself is tested in court. By GREG ANDERSON before McGovern makes a final ruling. "I'm a law abiding citizen,and I'm not going to do anything illegal,"Forbes City Editor A court date still hasn't been set on Forbes'lawsuit against the city,which said. Renton City Attorney Larry Warren cautioned Monday that the battle over challenges the constitutionality of the city's anti-pornoqraphy ordinance. Shortly after Sweigert announced his recommendation Friday, Forbes pornography in Renton isn't over yet. "We were successful Friday,yes,but we've still got a tough battle ahead.I announced he wouldn't charge admission at the Renton and would start Opponents of X-rated movies were cheering all weekend in Renton just can't say which way it might go,"Warren said,referring to the ultimate showing X-rated movies anyway, contending free admission removed his following a U.S.magistrate's decision Friday to recommend that a temporary court battle over the constitutionality of the ordinance. business from Renton's anti-pornography ordinance. But on advice of restraining order not be granted to Roger Forbes. "I know one thing; it can't go on like it did last week.We had the equivalent counsel,he quickly changed his mind within hours and decided to stick with Forbes,who wants to show X-rated movies at the Renton Theater on South of 90 hours of attorney time spent on the case last week alone.We had people general audience movies. Third Street,asked for the restraining order to prevent enforcement of the working overnight on the thing," Warren said. Since no X-rated movies are being shown at the Renton,Kathy Keolker, city's anti-pornography ordinance. Forbes said Monday he will continue to show general audience movies at coordinator of Citizens for a Quality Community,has called off pickets from Magistrate Phillip Sweigert,however,recommended to U.S.District Court both the Roxy and the Renton theaters until he gets a court ruling in his favor. the theaters. Her group was formed recently to prevent the showing of X- Judge Walter McGovern that the restraining order not be granted. Forbes' That could come if Judge McGovern grants Forbes the restraining order,or rated movies at either of the two downtown theaters. Renton City Council Page 2 2/1/82 CORRESPONDENCE AND CURRENT BUSINESS Traffic Signal Letter from Environmental Review Committee, David Clemens, Requirements Policy Development Director, recommended proposed amendments to the City Code regarding the Subdivision Ordinance and Build- ing Code for development of traffic signal fund and establish- ment of fees for signal improvements. MOVED BY ROCKHILL, SECOND TRIMM, REFER THE MATTER TO THE PLANNING AND DEVELOPMENT COMMITTEE. Upon inquiry, Clemens advised problem of the Building and Public Works Departments and the Environmental Review Committee is with new developments adjacent to arterial streets creating need for traffic signals and distribution of cost. MOTION CARRIED. Against Adult Letters opposing pornographic theaters were received from Louis and Motion Picture Mary Delaurenti ; Linda Hoover; Maureen K. Drake; Mrs. M. R. Mock. Theaters A petition was filed bearing 21 names beginning with Patricia Arthalony. Phone calls have been received opposing pornographic theaters. A phone call was received by Mayor Shinpoch from Mr. Chet Soetaert representing 150 members of Calvary Evangelical Church opposing adult movie theaters in Renton. 11 Playtime Theaters Council Member Stredicke requested for the record , an update of Court Case summons and complaint filed by Playtime Theaters , Inc. Assistant for Injunction City Attorney Kellogg explained the Magistrate had set hearing , Against City ' s the Attorneys responded (also Dr. Kohlwes, Renton School District) ; Ordinance re ten days given for order approving report of entering denial or Adult Motion Igranting their motion for temporary restraining order. Four to Picture Theaters ;six weeks anticipated until trial ; impossible to establish time ;frame. Council Member Stredicke complimented City Attorney Warren, ''Asst. City Attorney Kellogg , and Staff members David Clemens and 1ichael Parness for handling of the court case. Mayor Shinpoch 1 xpressed appreciation for fine representation and defense. OLD BUSINESS Council Member Hughes as member of the Salvation Army Advisory Salvation Army Board , thanked organizations , City employees and individuals who made it possible for the Salvation Army to help the needy families over the past year. Hughes specifically mentioned appreciation for the• Thanksgiving and Christmas baskets for the needy and food for the Food Bank, hoping the support would continue. Mayor Shinpoch noted 3,900 residents and 600 transients were given assistance over the past seven months; also noting appreci- ation for generosity of City employees. Councilman Rockhill noted Special Election 2/2/82, urging support of the Renton School District bond issue. Transportation Transportation Committee Chairman Trimm submitted committee report Committee re LID #322 , South Puget Drive and Benson Road South Bid Opening Contract Award and recommended acceptance of the low bid of R. W. Scott Construc- LID #322 tion Co. in the amount of 5530,899.89. Committee recommendation S Puget Dr. concurred in the recommendation of the Public Works Department. The committee further recommended the Mayor and City Clerk be authorized to execute the contract documents. MOVED BY TRIMM, SECOND REED, CONCUR IN COMMITTEE RECOMMENDATION. CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means The Ways and Means Committee Chairman Stredicke recommended Committee second and final readings for the following ordinances which were on first reading 1/25/82: Ordinance #3608 An ordinance was read amending the City Code Section 9-1108 Sanitary Sewers relating to sanitary sewers in subdivisions and short plats. Short Plats MOVED BY STREDICKE, SECOND HUGHES, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #3609 An ordinance was read amending Section 5-202 of the City Code Horse Racing relating to admission tax on horse racing: 5% on each admission, Admission Tax except 20 on Turf Club Memberships. MOVED BY STREDICKE, SECOND CLYMER, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Renton City Council Page 2 2/1/82 CORRESPONDENCE AND CURRENT BUSINESS Traffic Signal Letter from Environmental Review Committee, David Clemens , Requirements Policy Development Director, recommended proposed amendments to the City Code regarding the Subdivision Ordinance and Build- ing Code for development of traffic signal fund and establish- ment of fees for signal improvements. MOVED BY ROCKHILL, SECOND TRIMM, REFER THE MATTER TO THE PLANNING AND DEVELOPMENT COMMITTEE. Upon inquiry, Clemens advised problem of the Building and Public Works Departments and the Environmental Review Committee is with new developments adjacent to arterial streets creating need for traffic signals and distribution of cost. MOTION CARRIED. Against Adult Letters opposing pornographic theaters were received from Louis and Motion Picture Mary Delaurenti ; Linda Hoover; Maureen K. Drake; Mrs. M. R. Mock. Theaters A petition was filed bearing 21 names beginning with Patricia Arthalony. Phone calls have been received opposing pornographic theaters. A phone call was received by Mayor Shinpoch from Mr. Chet Soetaert representing 150 members of Calvary Evangelical Church opposing adult movie theaters in Renton. Playtime Theater- Council Member Stredicke requested for the record , an update of Court Case summons and complaint filed by Playtime Theaters , Inc. Assistant for Injunction City Attorney Kellogg explained the Magistrate had set hearing, Against City ' s the Attorneys responded (also Dr. Kohlwes, Renton School District) ; Ordinance re ten days given for order approving report of entering denial or Adult Motion ( granting their motion for temporary restraining order. Four to Picture Theaters Isix weeks anticipated until trial ; impossible to establish time 1,frame. Council Member Stredicke complimented City Attorney Warren, Asst. City Attorney Kellogg, and Staff members David Clemens and Michael Parness for handling of the court case. Mayor Shinpoch expressed appreciation for fine representation and defense. OLD BUSINESS Council Member Hughes as member of the Salvation Army Advisory Salvation Army Board , thanked organizations , City employees and individuals who made it possible for the Salvation Army to help the needy families over the past year. Hughes specifically mentioned appreciation for the Thanksgiving and Christmas baskets for the needy and food for the Food Bank, hoping the support would continue. Mayor Shinpoch noted 3,900 residents and 600 transients were given assistance over the past seven months; also noting appreci- ation for generosity of City employees. Councilman Rockhill noted Special Election 2/2/82, urging support of the Renton School District bond issue. Transportation Transportation Committee Chairman Trimm submitted committee report Committee re LID #322 , South Puget Drive and Benson Road South Bid Opening Contract Award and recommended acceptance of the low bid of R. W. Scott Construc- LID #322 tion Co. in the amount of 5530,899.89. Committee recommendation S Puget Dr. concurred in the recommendation of the Public Works Department . The committee further recommended the Mayor and City Clerk be authorized to execute the contract documents. MOVED •BY TRIMM, SECOND REED, CONCUR IN COMMITTEE RECOMMENDATION. CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means The Ways and Means Committee Chairman Stredicke recommended Committee second and final readings for the following ordinances which were on first reading 1/25/82: Ordinance #3608 An ordinance was read amending the City Code Section 9-1108 Sanitary Sewers relating to sanitary sewers in subdivisions and short plats. Short Plats MOVED BY STREDICKE, SECOND HUGHES, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #3609 An ordinance was read amending Section 5-202 of the City Code Horse Racing relating to admission tax on horse racing : 50 on each admission, Admission Tax except 2% on Turf Club Memberships. MOVED BY STREDICKE, SECOND CLYMER, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES . CARRIED. RENTON CITY COUNCIL Regular Meeting February 1 , 1982 Municii5a1 Building Monday , 8 : 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF EARL H. CLYMER, Council President; ROBERT J . HUGHES, RANDALL COUNCIL MEMBERS ROCKHILL, RICHARD M. STREDICKE, JOHN W. REED, NANCY L. MATHEWS AND THOMAS W. TRIMM. CITY OFFICIALS BARBARA Y. SHINPOCH, Mayor; DANIEL KELLOGG, Asst. City Attorney; IN ATTENDANCE DELORES A. MEAD, City Clerk; MICHAEL PARNESS, Administrative Assistant; LT. DONALD PERSSON, Police Department; BATTALION CHIEF JAMES MATHEWS, Fire Department; W. E. BENNETT, Acting Finance Director; M, MOTOR, Recorder. PRESS GREG ANDERSON, Renton Record Chronicle. MINUTE APPROVAL Council Minutes of January 25, 1982 , Correction: Page 4, Para- graph 7: Representative Mike Patrick. MOVED BY CLYMER, SECOND HUGHES ADOPT THE MINUTES AS CORRECTED BY THE MAYOR, CARRIED. MOVED BY CLYMER, SECOND ROCKHILL, SUSPEND RULES AND ADVANCE TO ITEM 5.a. ON CONSENT AGENDA. CARRIED. A Proclamation of Mayor DECA Month Shinpoch was read proclaiming the month of February 1982 as Proclaimed Deca Month .and commending students of Distributive Education. Consent Agenda The following items are adopted by one motion which follows the business matters included: Anti -Pornography Letters were received opposing adult X-rated movies at downtown Letters theaters , from: Dale Hoover and family; and Richard D. Johnson. Damages Claims Claims for Damages were filed by the following parties: Refer the claims to the City Attorney and Insurance Carrier. Auto Damage Filed by Rodney S. Reese, 3233 NE 12th, in amount of $69.73 for damage to auto, alleging car struck uncovered manhole. Underground Wire Filed by Puget Sound Power and Light Co. , 620 S Grady Way, in Damaged amount of $286.32 for damage to underground wire, alleging dig-up by City loader. Handicapped Filed by Robert W. Newlander, 18542 SE 244th PI , Kent , $29.20 Parking for mileage costs to attend court, alleging wrongful arrest. Auto Damage Filed by Kelly Ann Jacobs, 2008 Edmonds Ave. , unknown amount , alleging sander truck sprayed sand and chipped auto paint. Proposed Street Letter from City Clerk Mead presented petition for vacation of Vacation - portion of Jefferson Ave. NE filed by Andrew L. Polich, 5940 SW Jefferson Ave NE Hood Ave. , Portland, Ore. , for Seattle Eye Building Corporation , 4020 E. Madison, Seattle; known as VAC 02-82. Portion of Jefferson Ave. NE proposed for vacation is southeasterly of Index Ave. NE. Refer to the Public Works Dept. for validation of petition, the Board of Public Works for appraisal and retention of easements and to the Ways and Means Committee for a resolution setting a Public Hearing 3/15/82. Latecomers Letter from Public Works Director Houghton presented request Agreement for latecomer Agreement by Dr. Andrew Deak for utilities system Dr. Deak Talbot Rd. S; 10 year agreement. Refer to the Utilities Committee. Consent Agenda MOVED BY CLYMER, SECOND HUGHES, ADOPT THE CONSENT AGENDA AS Adopted PREPARED. CARRIED. 7„,„: RENTON CITY COUNCIL Regular Meeting January 25 , 1982 Municipal Building Monday , 8 : 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF EARL H. CLYMER, Council President; THOMAS W. TRIMM, NANCY L. COUNCIL MEMBERS MATHEWS, JOHN W. REED, RICHARD M. STREDICKE, RANDALL ROCKHILL AND ROBERT J. HUGHES. CITY OFFICIALS BARBARA Y. SHINPOCH, Mayor; LAWRENCE WARREN, City Attorney; IN ATTENDANCE DELORES A. MEAD, City Clerk; MICHAEL PARNESS, Administrative Assistant; LT. DONALD PERSSON, Police Department; BATTALION CHIEF JAMES MATTHEW, Fire Department; M. MOTOR, Recorder. MINUTE APPROVAL MOVED BY CLYMER, SECOND HUGHES, ADOPT COUNCIL MINUTES OF JANUARY 18, 1982 AS PRESENTED. MOVED BY STREDICKE, SECOND REED, AMEND MINUTES PAGE 3 WAYS AND MEANS COMMITTEE REPORT: FICA Dues over $30,000; Entranco Engineering fees over $8,000. AMENDMENT CARRIED. Motion as amended, CARRIED and Minutes approved. AUDIENCE COMMENT 'Kathy Keolker, 532 Cedar Ave. South, newly elected coordinator of citizens group to fight adult movie theaters in downtown Renton, Citizens reported emergency meeting Sunday of 300 residents and pledged Opposing support of the City's legal battle. (See meeting schedule) . Adult Theaters Mrs Keolker urged citizen unity and noted Lindberg PTSA as joint sponsors. Nancy Osborn, 17015 129th SE and Gwen Smith, 1724 Jones Dr. , Renton, Co-Presidents of Lindberg High School PTSA; presented petitions and letters bearing over 940 signatures of citizens con- cerned over proposed opening of adult movies in downtown Renton, stating these citizens are not a minority and will not be silent. Charlotte Kegley, 1032 Redmond, Pres. of Renton PTSA and concerned citizen pledged support of City's enforcement of Ordinance No. 3526. Mary Mattson, 7273 S 138th, Seattle, commended Officials in their foresight in adoption of the ordinance. LeAnne Johnson, 1739 NE 6th St. , Chairman Renton Area Campfire Girls Inc. , supported Mayor and Council in ordinance enforcement. Joan Walker, 1433 Monterey Ave. NE, made inquiry. Charles Seitz, 14113 141st Crt. SE, made inquiry re legality of proposed adult theaters, reporting opposition. Continued Mayor Shinpoch and City Attorney Warren explained court case had been filed against the City (See later Correspondence) . Council Member Stredicke noted the matter of the adult theaters was discus- sed in executive session and Council has determined to support the ordinance. City Attorney Warren cautioned discussion of contro- versial items due to pending litigation. CONSENT AGENDA The following items are adopted by one motion which follows the business matters included: Annexation Fees Policy Development Department presented proposed filing fees for annexation applications and recalled City Resolution 2429 adopted 11/16/81 establishing procedures for review of annexation applica- tions. The letter recalled proposed filing fees for l0%. and 75% petitions and stated the Planning and Development Committee recom- mended $200 for 10% petition and .$300 for 75% petitions. The letter noted fees would cover cost of Staff time and recommended referral to the Ways and Means Committee. Renton District Letter from the Executive Office requested approval of lease Court Lease extension for the Renton District Court and requested authorization for the Mayor and City Clerk to sign, subject to approval of the City Attorney. Council concur. Renton City Council 1/25/82 Page 2 Consent Agenda - Continued Bid Opening Letter from City Clerk Mead reported 1/12/82 bid opening for Puget Drive LID #322 Improvement of South Puget Drive and Benson Rd . Improvement Nine bids received. See Attachment. Refer to Transportation Committee. Consent Agenda MOVED BY CLYMER, SECOND ROCKHILL, ADOPT THE CONSENT AGENDA Adopted AS PRESENTED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Court Case Playtime Theatres , Inc. and Kukio Bay Properties, Inc. filed Playtime Court Case against the City and Mayor Shinpoch, Earl Clymer, Theaters, Inc. Robert Hughes, Nancy Mathews, John Reed, Randy Rockhill , Richard Stredicke and Tom Trim as members of the City Council , served on Delores Mead, City Clerk and Jim Bourasa as acting Chief of Police. Summons and Complaint No. C82-59M for declaratory judgment and preliminary injunction was filed against Ordinance No. 3526 alleging unconstitutionallity and repugnant to the rights of the plaintiffs under the First , Fourth, Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States. MOVED BY CLYMER, SECOND HUGHES, REFER TO THE CITY ATTORNEY. CARRIED. Citizen Against Letter from Erling D. Rue, 2012 Dayton Ct. SE, opposed pornographic Pornography movies in Renton and thanked the Mayor and Council for fine job. OLD BUSINESS Council President Clymer made arrangements for council picture for brochure to be distributed at council meetings. Community Community Services Committee Chairman Reed presented committee Services report recommending referral to the Administration: (1 ) Policy Street Vacation for street vacations of other cities; (2) Land value - assessed Policy value vs. previous sales ; (3) Effect of. easements on land value; (4) Ramifications of differing land uses abutting a proposed vacation site. Referral for recommendations and report back to Council . MOVED BY REED, CONCUR IN COMMITTEE REPORT. CARRIED. Ways and Means Ways and Means Committee Chairman Stredicke submitted committee Committee report noting review of change of alignment of SW 27th Street LID #314 as it abutts the City's wetlands property. In original design SW 27th Street of the LID, the proposed street ran north and required condemna- Roadway tion from northern property owner only. Under the realignment, the Realignment street will be east/west crossing and requiresequal property from northerly property owner and City of Renton, wetlands property owner. The initial design was a selection by Staff and not a legis- lative determination, however, review is to keep Council informed. The committee recommended the Administration proceed with the re- alignment proposal . MOVED BY STREDICKE, SECOND HUGHES, CONCUR IN THE COMMITTEE REPORT. CARRIED. MOVED BY STREDICKE, SECOND MATHEWS, Wetlands THE MATTER OF CITY OWNED WETLANDS PROPERTY BE REFERRED TO THE POLICY DEVELOPMENT DEPARTMENT FOR RECOMMENDATION TO COUNCIL RE POSSIBLE RELOCATION OF WETLANDS AND/OR RETAINING TOTAL AREA OR A DOLLAR EQUIVALENT IN THAT FUND SHOULD CHANGE BE MADE IN BOUNDARIES. MOTION CARRIED. Ways and Means The Ways and Means Committee recommended concurrence in the Mayor's Committee reappointment of Versie Vaupel to the Planning Commission for a Planning three-year term effective through 1/31/85. MOVED BY STREDICKE, Commission SECOND ROCKHILL, COUNCIL CONCUR IN THE REAPPOINTMENT OF MRS. VAUPEL Reappointment TO THE PLANNING COMMISSION. CARRIED. Voucher Approval The Ways and Means Committee recommended approval for payment of Vouchers No. 37570 through No. 37899 in the amount of $803,300.29 having received departmental certification that merchandise and/or services have been received or rendered; plus LID #322 Revenue Warrant R-11 in amount of $1 , 122.63. MOVED BY STREDICKE, SECOND CLYMER, COUNCIL CONCUR IN RECOMMENDATION OF COMMITTEE AND APPROVE PAYMENT. CARRIED. Renton City Council 1/25/82 Page 2 Consent Agenda - Continued Bid Opening Letter from City Clerk Mead reported 1/12/82 bid opening for Puget Drive LID #322 Improvement of South Puget Drive and Benson Rd. Improvement Nine bids received. See Attachment. Refer to Transportation Committee. Consent Agenda MOVED BY CLYMER, SECOND ROCKHILL, ADOPT THE CONSENT AGENDA Adopted AS PRESENTED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Court Case ' Playtime Theatres, Inc. and Kukio Bay Properties, Inc. filed Playtime Court Case against the City and Mayor Shinpoch, Earl Clymer, Theaters , Inc. Robert Hughes, Nancy Mathews, John Reed, Randy Rockhill , Richard Stredicke and Tom Trim as members of the City Council , served on Delores Mead, City Clerk and Jim Bourasa as acting Chief of Police. Summons and Complaint No. C82-59M for declaratory judgment and preliminary injunction was filed against Ordinance No. 3526 alleging unconstitutionallity and repugnant to the rights of the plaintiffs under the First , Fourth, Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States. MOVED BY CLYMER, SECOND HUGHES, REFER TO THE CITY ATTORNEY. CARRIED. Citizen Against Letter from Erling D. Rue, 2012 Dayton Ct. SE, opposed pornographic Pornography movies in Renton and thanked the Mayor and Council for fine job. OLD BUSINESS Council President Clymer made arrangements for council picture for brochure to be distributed at council meetings. Community Community Services Committee Chairman Reed presented committee Services report recommending referral to the Administration: (1 ) Policy Street Vacation for street vacations of other cities; (2) Land value - assessed Policy value vs. previous sales; (3) Effect of easements on land value; (4) Ramifications of differing land uses abutting a proposed vacation site. Referral for recommendations and report back to Council . MOVED BY REED, CONCUR IN COMMITTEE REPORT. CARRIED. Ways and Means Ways and Means Committee Chairman Stredicke submitted committee Committee report noting review of change of alignment of SW 27th Street LID #314 as it abutts the City's wetlands property. In original design SW 27th Street of the LID, the proposed street ran north and required condemna- Roadway tion from northern property owner only. Under the realignment , the Realignment street will be east/west crossing and require5 equal property from northerly property owner and City of Renton, wetlands property owner. The initial design was a selection by Staff and not a legis- lative determination, however, review is to keep Council informed. The committee recommended the Administration proceed with the re- alignment proposal . MOVED BY STREDICKE, SECOND HUGHES, CONCUR IN THE COMMITTEE REPORT. CARRIED. MOVED BY STREDICKE, SECOND MATHEWS, Wetlands THE MATTER OF CITY OWNED WETLANDS PROPERTY BE REFERRED TO THE POLICY DEVELOPMENT DEPARTMENT FOR RECOMMENDATION TO COUNCIL RE POSSIBLE RELOCATION OF WETLANDS AND/OR RETAINING TOTAL AREA OR A DOLLAR EQUIVALENT IN THAT FUND SHOULD CHANGE BE MADE IN BOUNDARIES. MOTION CARRIED. Ways and Means The Ways and Means Committee recommended concurrence in the Mayor' s Committee reappointment of Versie Vaupel to the Planning Commission for a Planning three-year term effective through 1/31/85. MOVED BY STREDICKE, Commission SECOND ROCKHILL, COUNCIL CONCUR IN THE REAPPOINTMENT OF MRS. VAUPEL Reappointment TO THE PLANNING COMMISSION. CARRIED. Voucher Approval The Ways and Means Committee recommended approval for payment of Vouchers No. 37570 through No. 37899 in the amount of $803,300.29 having received departmental certification that merchandise and/or services have been received or rendered ; plus LID #322 Revenue Warrant R-11 in amount of $1 , 122.63. MOVED BY STREDICKE, SECOND CLYMER, COUNCIL CONCUR IN RECOMMENDATION OF COMMITTEE AND APPROVE PAYMENT. CARRIED. RENTON CITY COUNCIL Regular Meeting January 25 , 1982 Municipal Building Monday , 8 : 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF EARL H. CLYMER, Council President; THOMAS W. TRIMM, NANCY L. COUNCIL MEMBERS MATHEWS, JOHN W. REED, RICHARD M. STREDICKE, RANDALL ROCKHILL AND ROBERT J. HUGHES. CITY OFFICIALS BARBARA Y. SHINPOCH, Mayor; LAWRENCE WARREN, City Attorney; IN ATTENDANCE DELORES A. MEAD, City Clerk; MICHAEL PARNESS, Administrative Assistant; LT. DONALD PERSSON, Police Department; BATTALION CHIEF JAMES MATTHEW, Fire Department; M. MOTOR, Recorder. MINUTE APPROVAL MOVED BY CLYMER, SECOND HUGHES, ADOPT COUNCIL MINUTES OF JANUARY 18, 1982 AS PRESENTED. MOVED BY STREDICKE, SECOND REED, AMEND MINUTES PAGE 3 WAYS AND MEANS COMMITTEE REPORT: FICA Dues over $30,000; Entranco Engineering fees over $8.000. AMENDMENT CARRIED. Motion as amended, CARRIED and Minutes approved. AUDIENCE COMMENT Kathy Keolker, 532 Cedar Ave. South, newly elected coordinator of citizens group to fight adult movie theaters in downtown Renton, Citizens reported emergency meeting Sunday of 300 residents and pledged Opposing support of the City 's legal battle. (See meeting schedule) . Adult Theaters Mrs Keolker urged citizen unity and noted Lindberg PTSA as joint sponsors. Nancy Osborn , 17015 129th SE and Gwen Smith, 1724 Jones Dr. , Renton , Co-Presidents of Lindberg High School PTSA. presented petitions and letters bearing over 940 signatures of citizens con- cerned over proposed opening of adult movies in downtown Renton, stating these citizens are not a minority and will not be silent. Charlotte Kegley, 1032 Redmond, Pres. of Renton PTSA and concerned citizen pledged support of City's enforcement of Ordinance No. 3526. Mary Mattson, 7273 S 138th, Seattle, commended Officials in their foresight in adoption of the ordinance. LeAnne Johnson, 1739 NE 6th St. , Chairman Renton Area Campfire Girls Inc. , supported Mayor and Council in ordinance enforcement. Joan Walker, 1433 Monterey Ave. NE, made inquiry. Charles Seitz, 14113 141st. Crt. SE, made inquiry re legality of proposed adult theaters, reporting opposition. Continued Mayor Shinpoch and City Attorney Warren explained court case had been filed against the City (See later Correspondence) . Council Member Stredicke noted the matter of the adult theaters was discus- sed in executive session and Council has determined to support the ordinance. City Attorney Warren cautioned discussion of contro- versial items due to pending litigation. CONSENT AGENDA The following items are adopted by one motion which follows the business matters included : Annexation Fees Policy Development Department presented proposed filing fees for annexation applications and recalled City Resolution 2429 adopted 11/16/81 establishing procedures for review of annexation applica- tions. The letter recalled proposed filing fees for l0% and 75% petitions and stated the Planning and Development Committee recom- mended $200 for l0% petition and $300 for 75% petitions. The letter noted fees would cover cost of Staff time and recommended referral to the Ways and Means Committee. Renton District Letter from the Executive Office requested approval of lease Court Lease extension for the Renton District Court and requested authorization for the Mayor and City Clerk to sign, subject to approval of the City Attorney. Council concur. Renton City Council 1/25/82 Page 4 NEW BUSINESS Parking MOVED BY CLYMER, SECOND STREDICKE, MATTER OF PARKING ON WILLIAMS AVE. SOUTH AND BURNETT AVE. SOUTH (RE USE OF SPACE AND PERMITS) BE REFERRED TO THE TRANSPORTATION COMMITTEE. Upon inquiry Council President Clymer noted area between Second and Third Ave. CARRIED. Bridge Update Community Services Committee Chairman Reed asked for update on Wells Ave. N and Grady Way bridges. Legislative Councilman Stredicke requested all Council Members who plan to Conference attend the A.W. C. Legislative Conference in Olympia 2/4/82, please contact Council Secretary. Media Update Councilman Rockhill requested the Administration keep the media updated with correct information, noting excessive number of phone calls received. Mayor Shinpoch noted dependence on local media for certain information. ADMINISTRATIVE Mayor Shinpoch extended congratulations to Joan Walker, named REPORT Citizen of the Year by Renton Elks. Mrs. Walker serves on the Renton Planning Commission, Horizons Committee, League of Women Voters (also in Alaska) , teaches weaving to Senior Citizens and Scouts and is volunteer. AUDIENCE COMMENCharles Seitz, 14113 141st Crt.SE, inquired re business license for adult theaters. Mayor Shinpoch advised Council intends to see that the City' s ordinances are enforced. Councilman Stredicke announced no new theater license issued to date. John Quinn, 88 Logan Ave. S, reported Rep. John Patrick, llth Dis- trict, advised interested persons to call Olympia hot line to encourage passage of bills 626 and 927 opposing pornography. Tom Voiland, 2528 Talbot Crest Dr. , urged citizens work together to protect the community from adult motion pictures. Janice O' Kane, 12358 SE 96th, inquired re location of property condemnation and was advised of the Senior Housing walkway in location of old railroad right-of-way near Burnett S. Special Council President Clymer announced Special Meeting of the Committee Meeting of the Whole on 2/3/82 for the purpose of an Executive Session Announced regarding the City's legal and financial matters; 8:00 p.m. Executive Session MOVED BY STREDICKE, SECOND HUGHES, MEET IN EXECUTIVE SESSION. 9: 15 P.M. CARRIED. ADJOURNMENT The Council resumed regular session with all Council Members 9:50 P.M. present. MOVED BY CLYMER, SECOND HUGHES, MEETING ADJOURN. CARRIED. Delores A. Mead, M.C. City Clerk Renton City Council 1/25/82 Page 3 Old Business - Continued Puget Sound Robert Hughes , Council ' s representative to the Puget Sound Council Council of of Government, explained items discussed and prioritized. Hughes Government reported election of officers: Bill Reams , King County Council Member - President and Jeanette Williams, Seattle Council Member - Vice President. Mayor Shinpoch thanked Councilman Hughes for rep- resenting the City. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Stredicke recommended second Committee and final readings for the following ordinances: (First readings 1/18/82) Ordinance #3603 An ordinance was read changing the zoning classification from G to Best/Connell R-3, property located at the west side of Talbot Rd. S approxi- Rezone R-125-80 mately 1 ,000 ft. south of SW 43rd St. Restrictive Covenants are signed and recorded; known as the Best/Connell Rezone R-125-80. MOVED BY STREDICKE, SECOND BY ROCKHILL, ADOPT THE ORDINANCE AS READ. ROLL CALL: 4-AYES: CLYMER, TRIMM, ROCKHILL AND HUGHES; 2-NO: REED AND STREDICKE; ONE ABSTENTION: MATHEWS. MOTION CARRIED. Ordinance #3604 An ordinance was read changing the zoning classification from G Bowser Rezone to R-2, property located at west side of Talbot Rd. S 1/4 mile south R-135-80 of SW 43rd St. ; known as Bowser Rezone R-135-80. MOVED BY STREDICKE, SECOND HUGHES, ADOPT THE ORDINANCE AS READ. ROLL CALL: 4-AYES: CLYMER, TRIMM, ROCKHILL, HUGHES; 2-NO: REED AND STREDICKE; ONE ABSTENTION: MATHEWS. MOTION CARRIED. Ordinance #3605 An ordinance was read authorizing the acquisition of property Property by eminent domain for the construction of additional Senior Citizen Acquisition Housing and a walkway from the housing to the Central Business Senior Housing District. MOVED BY CLYMER, SECOND HUGHES, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3606 An ordinance was read amending the Subdivision Ordinance relating Lot Line to lot line adjustments and private streets/plat improvements and Adjustments development standards and subdivision procedures. MOVED BY STREDICKE, SECOND ROCKHILL, ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES . CARRIED. Ordinance #3607 An ordinance was read relating to preliminary and final plan PUD Plan applications for Planned Unit Developments. MOVED BY STREDICKE, Applications SECOND CLYMER, ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. First Readings The committee recommended first reading of the following ordinances: An ordinance was read relating to distance of sanitary sewer con- nections in short plats. MOVED BY STREDICKE, SECOND ROCKHILL, REFER THE ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE FOR ONE WEEK. CARRIED. An ordinance was read amending the admission tax on horse racing (Longacres Race Track)to 5% except 2% on Turf Club Memberships. MOVED BY STREDICKE, SECOND HUGHES, REFER BACK TO WAYS AND MEANS COMMITTEE FOR ONE WEEK. CARRIED. An ordinance was read amendimg the Fire Regulations relating to the automatic sprinkler systems. (Revised ordinance) MOVED BY STREDICKE, SECOND CLYMER, REFER THE ORDINANCE BACK TO WAYS AND MEANS COMMITTEE FOR ONE WEEK. CARRIED. Resolution #2434 The committee recommended reading and adoption of a resolution Proposed Alley setting public hearing date 3/1/82 re proposed vacation of a por- Vacation tion of alley located north of S Tobin St. between Burnett and Salvation Army Williams Ave. S; petitioned by Salvation Army VAC-01-82. MOVED BY STREDICKE, SECOND HUGHES, ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Porn hasn 'talways fears By GREG ANDERSON ,tom-- , ' ' F Illj vCity Editor - ` r'If Roger Forbes eventually wins z _ 1 his court battle to show X-ratedfigs 4 '.,�, __ f movies at a downtown Renton thea- _ � - •• ter,will such pornographic fare lead directly to increased crime and less r. ' 4 - «� business for other downtown mer- - t'� ADULTS , chants? t A number of local residents andI RATED r ~ --+�- - �, ,-•. . business people fear that it will. .� ---- , - ._ i Their fears were heightened when :—.. y -��� - Rep. Mike Patrick, a Renton legis ...,. . •lator who also is a Seattle police c� k 41 officer, told a recent gathering of n citizens that he knows it will. - .` € But maybe not. • . iit «. Renton not the first - , --- �� Renton certainly isn't the first city Forbes has"invaded."He now owns "� 't ,. - - ;t: 10 adult theaters in eight cities in the _ • t Northwest,plus the two Renton thea- t ters at which he now is showing t _ general audience movies pending ' ' 4 ` the outcome of his court struggles �t.. Aug *; ` . with the city. r Those cities already familiar with 111111111111111111raniffillanr ' AL x r '» Forbes and his fare include Seattle, -�i z Tacoma, Spokane, Bremerton, Pas- ,' * • $,a co, Point Roberts, Portland and < Redmond. Have all these clues expenencea a I - ,� , ::.Er , .T', „;•,,, ' wild increase in the crime rate due to - . t' • rQ *r the showing of pornographic mate- �` ' rial? Do "their" adult theaters at- • k :, . ,N, ' 1 • tract an "unsavory clientele," as101111111111, _ �^-- - . . ' suggested by John Hempelmann, a r, Seattle attorney active in anti-por- „u...' �, nography groups such as the one - --• recently formed in Renton? .- _d--- �• � � ' f. • : Are "legitimate" businesses dri- ven -� out of an area in which adult .- '- `-"'°""-..`' i'• .. s".'t- - rt theaters are located due to a decline • Staff photo by MARK MORRIS in customers?Reality not so bad? John Tharp, Realty,of Pasco Realty , uses sign to show how he feels about new owner of theater across street Interviews the Daily Record Chronicle conducted the past week asked that his name not be pub- cities. Rather, many business inter- Bremerton Chamber of Commerce. peep shows, adult book stores and with government, business and licized. ests in cities familiar with Forbes "A lot of people thought X-rated what-not do add up to a "concentra- police sources in many of these cities "I can't honestly say any crime express concern about the image of movies would affect crime, our im- tion of criminal activity in one area," suggest the reality may not be as bad stems from his theater being there," their town, rather than the loss of age, the business community. But as Major Olson put it. as the speculation now rampant in said a source in the Pasco Police dollars and cents. fact No.1 is that since Forbes opened And it doesn't necessarily follow Renton. Department,who also asked that his "As far as I know, business here business here, I have had just one that Renton will experience what "Actually, we haven't had any name not be used. hasn't lost any money or customers," complaint,and that was verbal,"said other cities have experienced. increase in crime in the area of his "In being fair to Mr.Forbes,I can't said Marilyn Langlow, manager of Lee Kraft,city manager for Pasco. There is only one way to learn what theater at all," said Don Cundiff, say his theater brings in any more the Redmond Chamber of Corn- Apples and oranges will happen in Renton if Forbes deputy chief of the Bremerton Police crime," said Major Dean Olson, in merce. Forbes purchased the Cine- Of course, Renton is not Pasco,or. _eventually succeeds in getting the Department. charge of vice and narcotics for the Mond Theater in Redmond late-last Bremerton, , "We haven't had any problems at Seattle Police Department. year. One can hardly compare Renton with city's anti-pornography zoning ui di all. I don't even recall any trouble nance declared unconstitutional. Singing the same song 'In the business community here, Seattle,which has created a"combat there," said a source in the Spokane And much the same song is sung by things really have quieted down," zone" on First Avenue where,taken And that is if he does succeed. County Sheriffs Department, who business people in many of these said Damn Nysoe, director of the collectively, all the adult movies, (Related stories,page A2) :—w— --'��T_ _ _ _______ Sunday, January 31 , 1982 o a u films at F or esth ea ers7 fr o now `j ,, Rt ' Court ruling blocks adult films; ` : . t� - anti-porn picketers claim victory 0 1' t By BILL SEIL . • ,, ,�" _ and KEITH ERVIN il 1 Y a Staff Reporters +� r>= What was to be a marathon picketing in front of the Renton Third Avenue ,,,,,,fr.. - • „Jo. ° , ` Theater was cut short early Saturday afternoon by a new sign on the marquee: + "Family Films Opening Friday.,, �, Down came the letters advertising Deep Throat and The Devil in Miss x ' Jones, two films that were to christen the long established movie house into 3 4 I r the Roger Forbes adult theater chain. �. 10 #1 III* But on Friday U.S.District Court Magistrate Phillip Sweigert turned down } Roger Forbes' motion that enforcement of the city's adult entertainment ,, '' --- But be blocked. ! l _ Forbes sat in the front bench in the courtroom when Sweigert ruled in favor - """ of the city.He immediately said he would show free adult movies at least until ". .---'""'� ,," Judge McGovern acts on Sweigert's recommendation. ;,. ___.0"` �� Picketers, patrons clash 0 ' y.... ..--� 1 As a result of Forbes' statement, both picketers and movie patrons were t E. 4, - outside the Renton and Roxy theaters, located opposite each other on Third NNE PARENTS. Avenue, expecting Renton's first night of X-rated films. Shouts were s !�' " exchanged between about two dozen picketers and an equal number of theater a n £; qt ' ' �N cill4XS customers expecting free admission. % '`'t-6A` \ But Forbes had changed his mind. The Renton Theater was closed Friday _ 0 e , R6')trk evening; however the Roxy, the second Renton movie house recently PORNO' ` % purchased by Forbes, was open showing general fare films. ��R�N WC Arguing Forbes' case in court Friday were Robert Eugene Smith, a .' 'TED nationally known defender of adult entertainment, and co-counsel Jack l Mg ` -� Burns.They were a winning team in the past when they won a U.S.Supreme " �� IVIES a r., `�` ,� Court judgment striking down Initiative 335, a measure passed by i ,A," ` i A ° �;:� . r Washington state voters in 1977 to ban adult movie houses and book stores. ttr , Smith grilled Renton's policy development director,David R.Clemens,for b,. «.. ,,,, •at ,. ,„ nearly an hour in an attempt to show that the 400 acres zoned to allow adult yd ' ` ' � ' a.( ji ``�`° theaters are poor places for theaters.One of the five areas where theaters are t ia'is",a ' 'S allowed is inside the Boeing industrial complex. Another is the Longacres r +e�` '�3 ;» 4,„1,4,, � :•• racetrack and ove*4116 rflow parking area. , Ban not attempted 00 Or •0 ,, 0 Assistant City Attorney Dan Kellogg told the federal magistrate that the °l 1‘ � - city government was not attempting to ban adult movie theaters from Renton. g. Under recent court rulings,cities can regulate the location of erotic films but 1 _ -• can't ban them altogether. 0 0 "We simply cannot allow the inference to be drawn that this is an - exclusionary case," Kellogg said. "It's not." <: Smith called the films to be offered by Forbes—starting with the double •?` �...• feature of Deep Throat and The Devil in Miss Jones—"non-obscene erotic �" " w. - s speech" protected by the First Amendment to the U.S. Constitution. Defender Smith claimed the city had failed to show a "substantial and : : "4,166' - * r . ,. „,• compelling"interest of the government in banning adult movies in downtown ^•_ • -. • •• , Renton. '`c ', >.� Magistrate Sweigert concluded that Forbes'lawyers had failed to show that enforcement of the law pending a later hearing would cause the theater owners "irreparable harm" or that it would violate potential patrons' First ;%,�` Amendment rights. ' - Staff photos by DUANE HAMAMURA Nearly 100 persons picketed both Forbes theaters Saturday following an anti-porn rally at Renton High School ' Will recommend for the city Sweigert said he will recommend to Judge Walter T.McGovern on Monday that a temporary restraining order or preliminary injunction not be imposed on the city. Forbes has 10 days from the time of that recommendation to file objections. McGovern can accept,reject or modify the recommendation. Meanwhile,opponents of Forbes,calling themselves"Citizens for a Quality Community," gathered at the Renton High School gymnasium late Saturday morning for a rally. Around 1 p.m. about half of the more than 200 people attending the rally picked up signs and marched past the two theaters twice chanting "No porno here." There were occasional remarks from passing motorists.One teenage boy stuck his head out of a car window and said"Don't worry about it." But the parade concluded without incident in about 15 minutes and some of the marchers returned to the theater to picket.The picketing was called off, however,when the announcement of family films was placed on the marquee. Art Lowrie, manager of the theaters, Saturday afternoon said he had been informed that morning of Forbes' plans to show family films beginning Friday,but he was not told how long this practice would continue. Asked to join the protest At Saturday morning's rally participants were asked to sign up for committees, join picket lines, sign petitions and write to public officials. Addressing the assembly were Kathy Keolker, CQC coordinator; Bruce Taylor, attorney for the Phoenix-based Citizens for Decency Through Law, and John Hempelmann, a Seattle attorney representing anti-pornography 400 groups in Renton and Redmond. "I think it's appropriate that we're in the gymnasium today,"Hempelmann said."I want you all to look at the scoreboard. . .The score is now Home-1 and Visitors-0." ,�a r He said he was encouraged by the - magistrate's ruling, because it showed g} that Forbes had failed to convince the r magistrate that he would win. Hempel- i er^ b" ,.jse mane added,however,that the case could / be in the court for two or three years,and Forbes has the money to keep it going.He urged Forbes, in the meantime, to abide by the Friday ruling. : c "We challenge Roger Forbes publicly to INM. ' show that he's got the same respect for the ' • `� law that he is always waving in everybody else's face," Hempelmann said. 1:. • Forbes did Renton a favor . Mrs. Keolker said Forbes may have .,,, : done the Renton community a favor by gyte ue 'bringing it together. She asked those attending to support the revitalization of • ' the downtown area and patronize down- ;;, " ' town merchants. -, "I would be willing to guess that this is • one of the first times in Mr.Forbes' life x. ` AL `that he has had to back down," Mrs. ; Keolker said. "It pleased me very, very a: /P`: AM much." Kathyoelker directs She said the CQC's goal continues to be y the enforcement of the city's anti-pornog- marchers with bullhorn raphy ordinance, which prohibits the showing of X-rated movies within 1,000 feet of a residential zone,church or park,and within one mile of a school.She praised the work of the Renton city •attorney's office in the Friday victory. Taylor,the 31-year-old attorney who has reportedly won hundreds of anti- pornography cases in his career, said Renton's image is one of the most important issues to be decided.He said pornography will become acceptable, to children especially,if citizens do not oppose it.He forecasted more teen sex problems,more sex offenses and an alteration in the community's lifestyle if X-rated films are not blocked. He said pornography exploits women and children and residents will feel guilty later if they do not oppose it now. OF I �� OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON POST OFFICE BOX 626 100 2ntl AVENUE BUILDING • RENTON•WASHINGTON 98055 255-8678 0 LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY DAVID M. DEAN, ASSISTANT CITY ATTORNEY 09q,. SEPT January 29 , 1982 MARK E. BARBER, ASSISTANT CITY ATTORNEY TO: Barbara Y. Shinpoch, Mayor Members of Renton City Council FROM: Daniel Kellogg, Assistant City Attorney RE : Playtime Theaters , Inc. vs City of Renton Dear Mayor and Members of City Council: We enclose for your infgrmation copies of the Affidavits of David R. Clemens and Gary Kohlwes and our Defendant 's Memorandum in Opposition to Motion for Temporary Restraining Order and for Preliminary Injunction, all of which we have filed in the Federal Court before Magistrate Sweigert January 27 , 1982 . The Summons and Complaint were served upon the Mayor's office late Friday and delivered to our office on Monday. However, even before the papers were delivered to our office, representa- tives of the Federal Magistrate's office had called and imposed _ a Friday, January 29, 1982 hearing date on Mr. Forbes ' motion for temporary restraining order against the City. Furthermore, the Magistrate had ordered that any responsive brief or other matter on behalf of the City should be filed by Wednesday, January 27, 1982. Frankly, we have exerted a monumental effort in this office involving all four lawyers at one time or another in order to respond to the Court 's time schedule. Even so, we have every confidence that more legal research will be required in preparation for future hearings and/or trial of this matter. The hearing on Friday is for the purpose of considering the Plaintiff' s motion for a restraining order to temporarily restrain the City from enforcing its ordinance. The next procedural step will he to consider the Plaintiff's motion for a preliminary injunction to replace the restraining order. The temporary injunction, if granted, will restrain the enforcement of the City's ordinance pending trial of this matter. At the trial the Court will determine whether a final injunction should be entered. Mr. Forbes is also requesting relief by way of a Declaratory Judgment as to whether the ordinance is constitutional, and for damages and attorney's fees for deprivation of his civil rights under 42 USCA 1983. We wish to advise you all , on a confidential basis , that we view the prospect of success on the temporary restrainer and preliminary injunction to be remote at best . In view of the Court ' s jealous concern over First Amendment rights , we view it to be a virtual certainty that the Court will grant the temporary relief requested and allow Mr. Forbes to exhibit his adult movies pending a determination of the case on its merits . By way of an example, the City of Seattle was restrained Pending a trial . The City prevailed on the merits at trial and upon appeal, was once again restrained by the Supreme Court pending the outcome of the appeal even though they had prevailed at the trial court . The prospect of our ordinance being held invalid on its merits is very conceivable. Of course, we cannot predict with any certainty how the trial court will view our Ordinance since it is essentially a hybrid concept between the disperal theory and the concentration theory. Furthermore, our inspection of cases that have been decided over the past nine months since the ordinance was adopted, indicates a strong tendency on the part of the Federal District Courts to distinguish the case of Young vs American Mini Theaters upon which we are so strongly relying, and to strike down various zoning strategies which the Cities have used in an attempt to regulate these uses . We anticipate the issues at trial to be whether the interests which the City was attempting to protect are defined carefully enough by the ordinance which has been adopted. If the ordinance is overbroad (in the rather subjective judgment of the Court) and goes beyond the absolute minimum restrictions necessary to attain the City's objective, then the ordinance will be held to be invalid as a violation of the due process clause and the First Amendment . Since the ordinance was adopted, the United States Supreme Court has decided the case of Shad vs Borough of Mt . Ephraim. The Shad case should never have been decided by the Supreme Court . In Shad, the City attempted to regulate First Amendment expression by construing zoning codes which did not have an allowed land use of "live entertainment" so that adult entertainment enter- prises which employed nude dancing were illegal uses , even though their principal use was legal . The Supreme Court had no difficulty in ruling that the ordinance was unconstitutional and struck it down with only two dissents . This decision can be argued to stand for the position that a regulation that tends to exclude First Amendment rights from the entire town will be held unconsitutional even though such uses are avail- able in the County surrounding the town. Therefore, since our ordinance clearly proscribes the location of adult uses in the three existing theater buildings in the City of Renton, Mr . Forbes is arguing that our ordinance effectively forces him to place his theater outside of town, or at least to endure the added expense and inconvenience of constructing his theater in a remote and perhaps inaccessible area of the town. If this requirement is imposed simply because of the content of his films , then it is suspect . Needless to say, we consider ourselves to be in a real battle over this ordinance. It is our intention to bring to you a proposal for association of counsel with expertise in the area of First Amendment litigation in order to assure that the ordinance receives the strongest defense that is possible under the unique facts presented by our City. One of the easiest ways in which Mr . Forbes can prevail is if the impression is left that it was the intention of the City to regulate the content of the films which are shown within the City of Renton. The only reason that we may regulate First Amendment press material at all is that in some cases such material has a secondary impact which is undesirable and which justifies such regulation. Therefore, it is important that each of you be certain that your public comments are not construed to leave an impression other than that the City is attempting to regulate adult theaters solely because of the negative impacts which we believe these land uses have to the quality and character of our neighborhoods , schools , churches , or other public and quasi public land uses . We want to particularly remind you that the proceedings of the City Council are recorded and are subject to review by an interested litigant . We would urge each of you to keep this communication confidential under the attorney-client privilege. Daniel Kellogg DK:nd iiiiuO mpir 4.... 5., ° a) Some call the business smut, but to Forbes its just business . 33 � 8 a By GREG ANDERSON ,.. ,„,-- C) City Editor •, `r Its always been about the same everytime I . -- ry - ��" -�-�� Roger Forbes likes to think of himself as just a local boy who made good. y " .e.- ..-..._ ••_ People mait. y not like his business,but it is a business,and he is successful at go into a community. . . most people who � .. _�.----�` m __.r ._...1....�. He takes in stride the vitriolic abuse heaped on him by outraged citizens. _~_-1- M�,,.",~.----° m oppose this never have been inside an X-rated "My films are pornographic,but they aren't obscene,"he steadfastly p p "P maintains."I was taught to be successful and make money,and that's what ---- "- -- •--~ w theater. I would think theywould want to .- --�---� I m doing.Why is that a crime?"he asks innocently. - -~ Well,not really innocently. so Roger Forbes is a man who knows what he is doing.Starting with one know what it is they are OppOSing _. - -- .— adult theater in 1976,Forbes has built a porno empire throughout the state ---� "` ro that now employs about 100 persons and has an annual payroll of$1.25 —Roger Forbes • million.His business is called Playtime Theatres,with headquarters in - Seattle. �O Forbes doesn't like to talk about net or gross profits.He says the profits not the truth.I leased the building,and there was a clause in the lease that co for showing X-rated movies really are no different than those for general said if the building were sold,I'd have to move out,and that's just what IN) audience movies.General audience movie theaters,he says,can make happened."That's why I try to buy my theater buildings now,like I did in money off concessions;adult theaters can't. Redmond and Renton." Forbes is right about one thing:He is a local boy. The"Porno King,"as Forbes sometimes is called,seems to enjoy the • Obi He was born in Seattle and wasgraduated from Garfield High School. �: as g challenge of taking on a town,its citizens and its ordinances.He still He never went to college.He loves to point out that his father was a Seattle relishes his success in Bremerton last summer. ti , • w police officer for 10 years.He has a teen-aged daughter who lives with her "They howled at first,but they couldn't win,"he said."They required mother. that you have an environmental impact statement approved before you4$1 �YA:" Forbes got his start in theater work at an early age.He began by taking could get a business license,but there was no provision for when they had tickets at the old Colosseum Theater in Seattle when he was 16.Then he to act on it.They could sit on it forever. worked in a Boise,Idaho,theater when he was 21,helped run a restaurant "I lost the first round,when my temporary restraining order against .- with his father for a while,then worked for SRO Theaters for five years. enforcement of that ordinance was denied.But I won on the constitutional- , The first theater Forbes purchased,in 1976,was the New Paris in ity of the ordinance,and we're expecting$10,000 in damages and$30,000 k ' 1 Seattle,now called the Palace. in attorney fees now. Forbes looked around and saw what was happening to general audience "Everyone tries a different game.When you go to bat as often as I have, OP' theaters.Many of the old neighborhood theaters were closing down as the sooner or later you must lose.But I haven't yet." • population moved outward into the suburbs.Some theaters,the ones Forbes is confident Renton's anti pornography ordinance,too,will be which managed to stay in business,followed the population. declared unconstitutional. Forbes decided to do the same,but with a twist.He followed suburbia "That ordinance on its face is unconstitutional.Pardon the expression, OlIF with X-rated movies. but there ain't no way it could ever hold up.It's not zoning,it's censorship. z "Of all the people who go to see movies,15 percent go to X-rated The courts have ruled that you have to look at the effect of an ordinance, movies,"Forbes said."The economics of X-rated movies is no different and this ordinance in effect keeps me out." from general release movies.As the city grows out,theaters move out to Forbes doesn't think he is taking a gamble by relying on the courts while go with the population,so why shouldn't X-rated movies do the same? making a large investment in two Renton theaters and apartment units. Staff photo by MARK MORRIS "People want to see these movies,but they want to be comfortable and "I'm not a gambler.If I lost$500 in Las Vegas,I would feel very low.But Roger Forbes in front of the Renton Theater they don't want to drive far.General audience movies serve people 12 to risk in business is part of the game,and it's something that I can control, g 28,and my audience starts at 28.My suburban success proves all this;my which you can't in Las Vegas.That puts it in my favor." success at the Cine-Mond proves this. Many Renton citizens suspect that Forbes someday will start showing who they want to lease to.(Erwin)Fey decided several years ago he didn't "In my first week of business at the Cine-Mond after the snow melted, X-rated movies at the Roxy as well as the Renton theater.He denies that, want to show X-rated movies at his Renton theaters,and he didn't.That we had 1,800 people go through,and 600 of them were women.That is just for business reasons. was his decision." in tune with what I'm doing." "I will run general audience movies there forever.I never had any plans Citizens for a Concerned Community,the newly organized Renton Forbes dismisses those who oppose his fare as being misguided souls to show X-rated movies at both theaters.There's a good market here for citizen's group opposed to X-rated movies here,promises to picket who have been fed a lot of misinformation,don't particularly care for the one adult theater,but not two." Forbes'theaters as long as adult movies are shown there. Constitution and don't really know what they're talking about. Despite claims to the contrary by his opponents,Forbes denies having Forbes says he isn't worried. It's always been about the same every time I go into a community.We ever shown child pornography or so-called"snuff films"in which "I don't worry about any group because I don't worry about things over all act negatively to the unknown.Most people who oppose this never have someone presumably is murdered. which I have no control.I've had long-term picketing happen to me.It been inside an X-rated theater.I would think they would want to know And he thinks liquor causes more harm to society than X-rated movies. doesn't change me;it doesn't dissuade me.It has no effect,really,on my what it is they are opposing. "Of course there is more harm from liquor than adult films.No one has business. "They would find out it doesn't represent all the evils they thought it did. ever shown me any harm adult films have done. "I support picketing in that I support their constitutional right to do it. The films I show are being shown in universities all across the country and "And my theaters never have attracted adult book stores or that kind of We'll have coffee and donuts for the Renton picketers because it'll be cold in sex offender programs." thing.In Bremerton and Pasco,the book stores were there before I got and wet out there for them." Forbes loves to say that.He tells every reporter that.He knows it drives there.In fact,I was afraid those areas weren't good enough for me,"he Forbeidemes the oft-repeated charge that he is connected with his opponents nuts when he says that.And most college graduates who said,chuckling.It's one of his favorite inside jokes. organized crime,though he says he can't speak for distributors of adult hear Forbes say that wonder where the films were being shown when they But behind the joke is an economic reality for Forbes,a reality which led movies. were in college;most only heard of the films being shown in the to his purchase of the Renton and Roxy theaters. ccn approac tamed by anybody.Maybe I should feel dormitories. "The only-way to-have d good.•ult-tlieater is to have it away from a bad insulted,"he said,letting go with a gentle chuckle again. Forbes brictips when re" ^a.-A "" -le attorney Tcihr liempelmann's area.Combat zones(in which a city zones adult theaters and book stores So what does Forbes want from Renton and South King County? I .,.aim that A-rated movies were driven from the Ridgemont theater in into a specific area)are the worst way to do it.They create blight.If you "I'm here to be a good neighbor if I have a chance to dispel these myths north Seattle.Forbes proudly proclaims he never has been driven from spread them out,property values don't go down." about adult theaters.That's all I want to do,"he said. any town or community. Forbes said he won't be bringing any adult book stores or the like into But there are many who are working to see that Forbes'entrance into "I know Hempelmann likes to say he ran me out of there.But that's just Renton.But he added,"It's really up to the building owners.They decide Renton turns out to be a myth. f. _L'a.up�rryn� o w Friday, January 29, 196> e Porno kin ,,, 'I was taught to be suc- �. , , cessful and make money, Roger For bes may not fit and that's what I'm doing. " Y Why is that a crime?' x the role, but to him porno —Roger Forbes, interview page A3 movies are big , , ,, ,a ,,, By GREG ANDERSON he will ask the court to declare the g� s ordinance unconstitutional. City Editor Forbes has kept the populous gues- y 3.. f Place him in the middle of a Renton sing, and reporters scrambling, the : r° a, ° ' _' �4. ,. Chamber of Commerce meeting,and past 10 days.Is he buying the Renton ° 'h .'V , you'd have to figure he is a teacher or and Roxy theaters in downtown Re a small businessman. nton?Will he show X-rated movies at He looks very upstanding, very one or both? What day will he start , establishment,wearing his blue suit, showing them?What time?What will nice tie,and sporting a closely cropp- he do if the court hearing goes ed beard. The thinning hair gives against him? him an added appearance of maturi- Some of these questions have been � : ty. A banker surely would give this answered.Some haven't.Forbes has man a loan. confirmed he will show X-rated He doesn't look like the most movies at the Renton Theater, but vilified man in Renton today,which only general audience movies at the he is. The horns rumored to be Roxy Theater,across the street. sprouting from his head aren't He still says he will start showing a , ' '')le. the X-rated movies at 6 p.m. today. ,', t nevertheless,this unassuming But that depends on whether Magis- man is Roger Forbes. trate Sweigert refuses to grant a �' Forbes, a 39-year-old Redmond temporary restraining order. If the :, resident, will start showing X-rated order isn't granted, Forbes said he movies at the Renton Theater today. won't open the theater and will Or at least he has said he will.There appeal. is a little matter of a magistrate's Kept them guessing , hearing this afternoon in which it Roger Forbes has kept a lot of A _ will be decided whether the City of people guessing since he purchased Staff photo by MARK MORRIS Renton can enforce its anti-pornog- his first adult move theater in 1976. raphy ordinance. That initial purchase now has blos- nton in a kind of"pornkrieg."During missed citizen's groups opposed to Forbes is arrogant and he is cocky. ter, Forbes replied, "No, really? Restraining order somed,if one can use the word in this an in-depth interview this week with pornography in both Redmond and He apparently has no reason not to Well, let them pay their taxes." Renton in effect has outlawed the context, into a chain of 11 adult the Daily Record Chronicle, Forbes Renton."The Redmond group hasn't be. He points proudly to his legal showing of X-rated movies at the movie theaters, plus the general said the next city to face him will be done anything," he said. And the success and his business success.He That is Roger Forbes. Renton Theater, 507 S. Third St. audience Roxy. Lynnwood. Renton group, which calls itself is not afraid of citizen's groups, Given Forbes'track record when it Forbes will ask U. S. Magistrate Each city Forbes has invaded has "But that's probably two years Citizens for a Quality Community? officials or the law. comes to court battles, it appears Phillip Sweigert to grant a tempor- resisted him.Each has lost.Last year away now. I have plenty to do right "I don't think they'll go longer than And he is not afraid to offend. Renton residents will get to meet ary restraining order against en- it was Bremerton. This year it was now," he said. three months as far as the picketing Asked if he is aware that a paroc- him, or at least hear of him,often in forcement of that ordinance. Later, Redmond, quickly followed by Re- During that interview,Forbes dis- goes," he said. hial school is near the Renton Thea- coming years. / 4f r GOP supports anti-porno effort By JAN HINMAN decided in court.That hearing is scheduled for 1:30 Staff Reporter p.m.Friday.Republicans The Republicans tended to some organizational Local Republicans have endorsed the actions business during their meeting in addition to taking taken by a citizen committee,formed to keep adult the stand against pornography. Larry Vickers, movies out of downtown Renton. formerly chairman of the 41st District,was elected During the organizational meeting of the new Republican chairman of the newly reconstitued l lth District Republican Organization Wednesday o fth the District.ld31st,T e tta and District istr includes parts evening, Bruce Holland made a presentation of ofa old theold 35th 41stc districts as well as parts of old llth District. events leading to Roger Forbes' purchase of the Vickers, a manager for Boeing in computor Renton and Roxy Theaters and recapped the graphics, lives east of Renton in an area that efforts of the citizens and city officials to prevent jumped from the 41st District to the 11th in the Forbes from opening the Renton Theater with a recent redistricting. Don Mason had been chair- pornographic bill of fare. man of the old 11th District. "I'm talking about hard-core pornography," Ron Dunlap, former King County Executive, Holland said. "This is what we are really up spoke to his fellow Republicans, urging them to against. That's what's coming into Renton. That's support the goals of President Ronald Reagan as what's coming approximately 175 yards from this outlined in the president's state of the union room," Holland said from a room in Renton High message Tuesday evening. "It was one of the School. finest,if not the finest,state of the union messages ever delivered," Dunlap exclaimed. Holland encouraged the gathering of about 50 Dunlap said he believes the president will reach people to keep pressure on city officials and to his desired goals with his proposed policies."If he contact legislators, asking them to support two doesn't,we may never be able to turn this country bills currently before the state Legislature. "The around,"Dunlap said. "It has to be done now." proposed state laws would create severe penalties for guys like Roger Forbes," Holland said. "They would no longer let them get away with a slap on the hand." The group voted to support the efforts to keep pornography out of downtown Renton. Most took petitions, initiated by the citizen group, that are being circulated in an effort to stop the showing of adult films. Holland reported that about 2,000 signatures had been gathered in the first few days of the campaign. Forbes has said he plans to open the Renton Theater Friday with X-rated movies.He has asked the courts to grant an injunction, preventing Renton from enforcing its adult movie ordinance while the constitutionality of the law is being /oV Forbes applies for business license Roger Forbes, who plans to start City Attorney Larry Warren al- showing X-rated movies at the Re- ready has said the city can't—and nton Theater Friday, applied for a won't — use any delaying tactics to municipal business license Wed- harass Forbes. He has said Forbes' nesday. business license application would It appears likely,according to one have to be approved,assuming there city official, that the business are no code violations, even though license will be approved by Friday. the showing of X-rated movies would Once a business license applica- violate the city's anti-pornography tion has been submitted to the city, ordinance in the zoning code. the building,police and fire depart- A court hearing on Forbes'request ments must review the document to prevent enforcement of that ordi- and check the business and building nance will be conducted Friday. for any violations of city building or fire codes. Meanwhile, Kathy Keolker an- Ron Nelson, Renton building and nounced Wednesday that persons zoning director, said Forbes' appli- interested in contributing to a citi- cation probably could be processed zen's committee organized to fight and approved by Friday. Forbes and his movies may do so.She "It's an existing use,so this is more said checks can be mailed to the or less a formality for us," Nelson Community Bank of Rent ' in care said. That is assuming, of course, of Citizens for a Quality Co lunity. there are no fire or building code Mrs. Keolker is coordinat of the violations. group. c waitl istarting for essa s he' llrun before nography ordinance. I'll wait for the court." dinator of the citizens committee But he dismissed a citizens group By GREG ANDERSON Forbes already has announced he Told that a citizens committee , organized to fight Forbes,said Tues- that has been formed in Redmond, City Editor plans to start showing two X-rated planned to picket his theater when it They aren't going t day that 2,000 persons had signed where Forbes recently bought the Roger Forbes edged away Tues- movies at the theater riday, and opens,Forbes replied,"That is their rr petitions against Forbes in the past Cine-Mond theater and now is show- day from earlier indications that he said the theater would be open constitutional right." And he asked p i c ket my general ai- 48 hours. She said she planned to ing X-rated movies there. planned to start showing X-rated during"normal operating hours"for with a dry chuckle, "They aren't I submit the petitions to Renton City "I don't think they're going to do movies at Renton Theater even be- his chain, which open at noon. going to picket my general audience dience theater too, are Council when 10,000 signatures are anything now." fore a court hearing on the issue was But when asked Tuesday if he theater too, are they?" obtained. At a board of directors Mrs.Keolker's committee decided concluded. would start showing X-rated movies Forbes has purchased both the they?' meeting Tuesday night, the group Sunday night to picket Renton Thea- U. S. Magistrate Phillip Sweigert before the court hearing, Forbes Renton and Roxy theaters from decided to call itself Citizens for a ter as long as it is open this weekend will conduct a hearing at 1:30 p.m. replied,"Oh no,I wouldn't want to do Robert McRae. General audience Quality Community. — assuming it opens at all — and Friday on Forbes' request for a anything like that." He later added, movies will continue to be shown at —Roger Forbes During a brief conversation Tues- would continue to picket every Fri- temporary restraining order against "I'll have to see what happens with the Roxy,he has said. day,Forbes expressed interest in the day and Saturday night thereafter in enforcement of the city's anti-por- the court as far as the opening goes. Meanwhile, Kathy Keolker, coor- activities of Ms. Keolker's group. hopes. OFFICE OF THE CITY CLERK REQUEST FOR RECORD SEARCH Date Received Requesting Agency: A -14/4 c � Department : Person: NATURE OF REQUEST: /v.....,,Q 01,(4.ANuitoC:) \) � C� �l.c.►� c�-�C 1 S 114-j4L\AL-JAac.0 LJ-kr Wtik-C-VC-"A \t'N(1.-48 DATE and/or DATA ESTIMATED DATE INFORMATION REQUIRED: Original--filed with City Clerk Copy--retained for your records 8/73 OFFICE OF THE CITY CLERK REQUEST FOR RECORD SEARCH Date Received Requesting Agency: Department : Person: NATURE OF REQUEST: DATE and/or DATA ESTIMATED DATE INFORMATION REQUIRED: Original--filed with City Clerk Copy--retained for your records 8/7 3 Anti-pornography counsel to speak Legal counsel for a national citi- opposed to the showing of X-rated zens group opposed to pornography movies at a Renton theater. will speak in the Renton High School Taylor's group is based in Phoenix. gymnasium at 11 a.m. Saturday. His appearance is being co-spon- Bruce Taylor, attorney for Citi- sored by Mrs.. Keolker's citizens zens for Decency Through Law,will group and the Renton PTSA.There is explain what cities throughout the no charge, but donations to Mrs. country are doing to fight pornog- Keolker's group will be accepted. . raphy, said Kathy Keolker, coor- Taylor also will answer questions dinator of a Renton citizens group from the floor,Mrs. Keolker said. % 6A-OZ Serving Renton and Tukwila, Washington Tuesday, January 26, 1982 • i ,,.. Forbes will seek restraining orderorder ,, ,,fr , . ,,,, By GREG ANDERSON City Editor 4 Roger Forbes who plans to start showing X-rated movies in Renton Friday, will ask for a temporary restraining order in U.S.District Court the same day h N; : c - to prevent the City of Renton from enforcing its anti-pornography ordinance. r Regardless of which way U.S.Magistrate Phillip Sweigert rules in the case, ". there likely will be an appeal.Both Forbes and attorneys for the City of Renton have indicated they will appeal to U.S.District Court Judge McGovern should they lose the first round. Magistrate Sweigert announced the hearing dater s v, Monday. 0 z _ `' The timing of the hearing could mean a citation against Forbes if he milts'} >' continues with announced plans. Forbes has said operating hours at the wk Renton Theater,where he plans to show the X-rated films,will be the same as � :' others in his chain. Movies start at noon at his 10 other adult theaters ef throughout the state. But Friday's court hearing won't begin until 1:30 p.m.If Forbes does open g his theater for business at noon Friday, he will be violating Renton's anti- , pornography ordinance since a ruling on the temporary restraining order wouldn't have been made yet. •" '° Renton City Attorney Larry Warren has said he will cite the theater for each showing of an X-rated movie as long as the city's ordinance is in effect. \ , �; � a Renton's ordinance, which is part of the zoning code, carries a maximum `H penalty of$500 and/or six months in jail if convicted. Warren indicated duringa Renton CityCouncil meetingMondaynight that r•a;. ,• g ik he is surprised at the swift court hearing. Forbes filed suit against the city P seeking the restraining order and challenging the constitutionality of Renton's ordinance last week. "I'm surprised the court hearing was set for Friday, and I'm even more surprised the city's brief is due Wednesday. There will be rapid action,"he q; i said. About 75 persons attended Monday night's City Council meeting to express " � : their support of the council, cityattorneyand the city's anti-pornography 1 PP Y' ordinance.Sunday night,nearly 300 persons attended a meeting to organize a ° :- a citizens committee to battle Forbes and his fare. ., Kathy Keolker, coordinator of the citizens committee, told City Council, "I'm very proud to be here tonight.A week ago I urged you to support the �, > ordinance against pornography. As a result of that and articles in the Daily % Record Chronicle,the response has been overwhelming.lam so very proud to be from Renton." ° Mrs.Keolker said more than$900 had been collected at Sunday's meeting to oppose Forbes. t: p oto .y T 'R MORRI Councilman Dick Stredicke informed the audience that as of 5 p.m.Monday, Kathy Keolker, coordinator of an anti-pornography committee, addresses the Renton City Council Forbes had not applied for or received a business license from the city to operate either the Renton or Roxy theaters,both of which he has purchased from Robert McRae. j RENTON CITY COUNCIL Regular Meeting January 25 , 1982 Municipal Building Monday , 8 : 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF EARL H. CLYMER, Council President; THOMAS W. TRIMM, NANCY L. COUNCIL MEMBERS MATHEWS, JOHN W. REED, RICHARD M. STREDICKE, RANDALL ROCKHILL AND ROBERT J. HUGHES. CITY OFFICIALS BARBARA Y. SHINPOCH, Mayor; LAWRENCE WARREN, City Attorney; IN ATTENDANCE DELORES A. MEAD, City Clerk; MICHAEL PARNESS, Administrative Assistant; LT. DONALD PERSSON, Police Department; BATTALION CHIEF JAMES MATTHEW, Fire Department; M. MOTOR, Recorder. MINUTE APPROVAL MOVED BY CLYMER, SECOND HUGHES, ADOPT COUNCIL MINUTES OF JANUARY 18, 1982 AS PRESENTED. MOVED BY STREDICKE, SECOND REED, AMEND MINUTES PAGE 3 WAYS AND MEANS COMMITTEE REPORT: FICA Dues over $30,000; Entranco Engineering fees over $8,000. AMENDMENT CARRIED. Motion as amended, CARRIED and Minutes approved. AUDIENCE COMMENT Kathy Keolker, 532 Cedar Ave. South, newly elected coordinator of citizens group to fight adult movie theaters in downtown Renton, Citizens reported emergency meeting Sunday of 300 residents and pledged Opposing support of the City's legal battle. (See meeting schedule) . Adult Theaters Mrs Keolker urged citizen unity and noted Lindberg PTSA as joint sponsors. Nancy Osborn, 17015 129th SE and Gwen Smith, 1724 Jones Dr. , Renton , Co-Presidents of Lindberg High School PTSA presented petitions and letters bearing over 940 signatures of citizens con- cerned over proposed opening of adult movies in downtown Renton, stating these citizens are not a minority and will not be silent. Charlotte Kegley, 1032 Redmond, Pres. of Renton PTSA and concerned citizen pledged support of City's enforcement of Ordinance No. 3526. Mary Mattson, 7273 S 138th, Seattle, commended Officials in their foresight in adoption of the ordinance. LeAnne Johnson, 1739 NE 6th St. , Chairman Renton Area Campfire Girls Inc. , supported Mayor and Council in ordinance enforcement. Joan Walker, 1433 Monterey Ave. NE, made inquiry. Charles Seitz, 14113 141st Crt. SE, made inquiry re legality of proposed adult theaters, reporting opposition. Continued Mayor Shinpoch and City Attorney Warren explained court case had been filed against the City (See later Correspondence) . Council Member Stredicke noted the matter of the adult theaters was discus- sed in executive session and Council has determined to support the ordinance. City Attorney Warren cautioned discussion of contro- versial items due to pending litigation. CONSENT AGENDA The following items are adopted by one motion which follows the business matters included: Annexation Fees Policy Development Department presented proposed filing fees for annexation applications and recalled City Resolution 2429 adopted 11/16/81 establishing procedures for review of annexation applica- tions. The letter recalled proposed filing fees for 10%. and 750 petitions and stated the Planning and Development Committee recom- mended $200 for 10% petition and $300 for 75% petitions. The letter noted fees would cover cost of Staff time and recommended referral to the Ways and Means Committee. Renton District Letter from the Executive Office requested approval of lease Court Lease extension for the Renton District Court and requested authorization for the Mayor and City Clerk to sign, subject to approval of the City Attorney. Council concur. Renton City Council 1/25/82 Page 2 Consent Agenda - Continued Bid Opening Letter from City Clerk Mead reported 1/12/82 bid opening for Puget Drive LID #322 Improvement of South Puget Drive and Benson Rd. Improvement Nine bids received. See Attachment. Refer to Transportation Committee. Consent Agenda MOVED BY CLYMER, SECOND ROCKHILL, ADOPT THE CONSENT AGENDA Adopted AS PRESENTED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Court Case Playtime Theatres, Inc. and Kukio Bay Properties, Inc. filed Playtime Court Case against the City and Mayor Shinpoch, Earl Clymer, Theaters, Inc. Robert Hughes, Nancy Mathews, John Reed, Randy Rockhill , Richard Stredicke and Tom Trim as members of the City Council , served on Delores Mead, City Clerk and Jim Bourasa as acting Chief of Police. Summons and Complaint No. C82-59M for declaratory judgment and preliminary injunction was filed against Ordinance No. 3526 alleging unconstitutionallity and repugnant to the rights of the plaintiffs under the First , Fourth, Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States. MOVED BY CLYMER, SECOND HUGHES, REFER TO THE CITY ATTORNEY. CARRIED. Citizen Against Letter from Erling D. Rue, 2012 Dayton Ct. SE, opposed pornographic Pornography ovies in Renton and thanked the Mayor and Council for fine job. OLD BUSINESS Council President Clymer made arrangements for council picture for brochure to be distributed at council meetings. Community Community Services Committee Chairman Reed presented committee Services report recommending referral to the Administration: (1 ) Policy Street Vacation for street vacations of other cities; (2) Land value - assessed Policy value vs. previous sales; (3) Effect of easements on land value; (4) Ramifications of differing land uses abutting :a proposed vacation site. Referral for recommendations and report back to Council . MOVED BY REED, CONCUR IN COMMITTEE REPORT. CARRIED. Ways and Means Ways and Means Committee Chairman Stredicke submitted committee Committee report noting review of change of alignment of SW 27th Street LID #314 as it abutts the City's wetlands property. In original design SW 27th Street of the LID, the proposed street ran north and required condemna- Roadway tion from northern property owner only. Under the realignment, the Realignment street will be east/west crossing and requiresequal property from northerly property owner and City of Renton, wetlands property owner. The initial design was a selection by Staff and not a legis- lative determination, however, review is to keep Council informed. The committee recommended the Administration proceed with the re- alignment proposal . MOVED BY STREDICKE, SECOND HUGHES, CONCUR IN THE COMMITTEE REPORT. CARRIED. MOVED BY STREDICKE, SECOND MATHEWS, Wetlands THE MATTER OF CITY OWNED WETLANDS PROPERTY BE REFERRED TO THE POLICY DEVELOPMENT DEPARTMENT FOR RECOMMENDATION TO COUNCIL RE • POSSIBLE RELOCATION OF WETLANDS AND/OR RETAINING TOTAL AREA OR A DOLLAR EQUIVALENT IN THAT FUND SHOULD CHANGE BE MADE IN BOUNDARIES. MOTION CARRIED. Ways and Means The Ways and Means Committee recommended concurrence in the Mayor' s Committee reappointment of Versie Vaupel to the Planning Commission for a Planning three-year term effective through 1/31/85. MOVED BY STREDICKE, Commission SECOND ROCKHILL, COUNCIL CONCUR IN THE REAPPOINTMENT OF MRS. VAUPEL Reappointment TO THE PLANNING COMMISSION. CARRIED. Voucher Approval The Ways and Means Committee recommended approval for payment of Vouchers No. 37570 through No. 37899 in the amount of $803,300.29 having received departmental certification that merchandise and/or services have been received or rendered; plus LID #322 Revenue Warrant R-11 in amount of $1 , 122.63. MOVED BY STREDICKE, SECOND CLYMER, COUNCIL CONCUR IN RECOMMENDATION OF COMMITTEE AND APPROVE PAYMENT. CARRIED. 4,000 pounds of canned goods to local food banks, Knapp,a graduate of Kentridge High School;and check for a customer. Mr.O'Brien,who was born in Butte,h Y Rick Alan Olague, a graduate of Lindbergh Highrice Police questioned sev- before movinrecently. according to Police Chief Patrick Lower . g g g g to Renton He School. eral customers in the Mr. O Brien is survived by The explorer post,led by Officer Dean eir work. ,is The awards recognize outstanding academic bar but made n o Mar a stepsor a youth group that assists local police in their work. y Yenchus, Renton; a step daugh� Donations were collected both through collec- achievement in high school.They carry no monet- arrests. sisters, Catherine Phillips of Renton a tion boxes placed throughout the city, as well as ary grants and are awarded without regard to three grandchildren. door-to-door solicitations by explorers. financial need. Knife-wielding men rob Students beat food drive record' Students make dean's list youth near Renton apartments Consolidated Repor Renton High School students collected more A number of Renton students were named to the A 14-year-old Renton boy was robbed at than 15,700 cans of food for distribution to needy dean's list at Seattle Pacific University fall knifepoint about 4 p.m.Friday in the 14300 block of Community Bai quarter. Southeast 176th Street,according to King County families during the holiday season. in the State of Washington and Doff This beats the school's old record by 700 cans, They are Cathy Blencoe,Alan Rue,Martin Smith, police. basiness on Dec according to Bernie Moskowitz,advisor to the food Jeanine Bach,Gregg Lanier,Tamara Todd,There The boy said he was walking near the entrance to drive committee.The top home room,that of Mark There- sa Todo and Esther Ladwig.Daniel Beck of Maple the Fairwood Apartments when three men in their State Bank it Clark,collected 4,000 cans. Valley also was on the list. early 20s confronted him. One held a knife at the Th top three individual students, with a com- Juniors and seniors must earn a 3.50 grade point boy's throat, and another man brandished a club. ASSE' t.:^oa * • ... - t. 2 000 cans were: Loren and underclassmen must earn a 3.25 on a 4.0 scale , , _ •_ ;mac �.,,�,��,, Cash and due from depository instittuti s�. and?lue s,uoluag Jo luauianao3ua luanaad '', of uo?lounfu?ue laS of Su?xaeS aupleas u?lano0 lnialsi uI lin8 a i Se e3.I n Sa ao .Q'S'II P I.3 g P i q 3 •piixog aql Snld alels agl III saaleagl a?noui linpe t I sumo Mou sagao3 Axog aql le saviour anupne leuaS unaq 1, olag ar l le salnatoui palea-Xaa Mopgsn ofaal sueld au pu anunouue s sagao3•uoluag u?saa1n i.p�ixog pun uoluag ., F agl pasegoand seq sagao3legl KaaM lsel SMau v ' Su?MolloJ Aplomb polled seM S[I?laauI ag L � lqS?u�iepuns aui?l ssaad a z e a Ina uaa u e dno,.I Mau a l o auieu � � � x � h i PP. P gi, Pg g3 ' eiii1-.5. , ' agJ,•Su?lo p d Sutpnput`uoluag u ssautsnq s ,sagao,4 aaduieq of SLUM aaglo xaas piue anueu '" ,' -?pad �igdeasouaod-flue s,egoluag laoddns �"" './ � , 1i?M qn?qM dnoiS ,Suaztlp Jo aolnu?paoon '� . a C d < pewee SEM'Belleau'aql Jo aazlueSao pun lst - -Ai on tiliunuiuion uo ua a`aa o3 e E r 3 uoluag le Sa?Aoui nigdeasouaod smogs aasuoj �� . ou aq I?ls souion agl u? pun aanielstSaZ ? s agl u? `slaaals agi u? sa?noui pa1ea-g S?q ` �; . . " a ,,F pue sagao d aasog lqS?J Him Amp Mon of lqs?u Au puns uo ua u?law suosaad o aso' � ::" P S 1 2I 3 00£ 3 IO Jompa LID �' ."; F=; NOS1IgUNV alto ig se ! Aow eeq oi suezii ! o ' __• • __,. l e861 `Se kienuer `Aepuow Sunday, January 24, 1982 Ad uit fol� mssar r� a a one Renton theater By GREG ANDERSON City Editor 'People who oppose Roger Forbes said Friday he will start showing X-rated movies at the this are a very vocal Renton Theater seven days a week beginning at noon next Friday. minority. . .It,s hard to "It will be the same operating hours as the rest of my theaters," believe this, I know, Forbes said. "We run from noon to midnight Sunday through Thursday but It's true and noon to 2 a.m. Friday and Saturday." —Roger Forbes Forbes said Deep Throat and The Devil in Miss Jones will be the double feature at the 500-seat Renton Thea- to hear the case,but he will be out of ter, 507 S. Third St. He said general town until Feb. 1. McGovern's law audience movies will continue at the clerk, Phil Lucid,announced Friday 700-seat Roxy Theater, across the that McGovern has decided to refer street from the Renton. the lawsuit to U.S.Magistrate Phillip "X-rated movies at the Renton Sweigert to speed the process. shouldn't affect business at the A clerk in Sweigert's office, how- Roxy," he said. ever,said Friday that a hearing date Forbes said he will take possession han't been set yet. of the theaters,along with a nine-unit Forbes has indicated he will start apartment building adjacent to the showing X-rated movies at Renton Roxy Theater,on Tuesday.Forbes is Theater on Friday even if his suit purchasing the theaters from Robert hasn't been heard in court yet. McRae, who sold Forbes the Re- Forbes expressed confidence Fri- dmond Cine-Mond late last year. day that both theaters would be a 'Own theaters no matter' financial success. Forbes said the deal to buy the He said low ticket prices at the theaters is not contingent on whether Roxy, showing general audience he succeeds in getting Renton's por- movies, will attract enough custom- nography ordinance declared uncon- ers to make a profit. And he thinks stitutional. downtown Renton is a good location "I wouldn't buy them unless I for an adult movie theater. figured I could beat the ordinance. I `Vocal minority' own the theaters no matter what Forbes isn't concerned about the happens," he said. growing storm of protest that is The Roxy will be the only general brewing in Renton. audience theater among the 12 thea- "People who oppose this are a very ters Forbes will own as of Tuesday. vocal minority. It's hard to believe The other eleven all show X-rated this, I know, but it's true." movies. Different elements of that opposi- Forbes apparently is bringing in tion will coalesce in a community some high-powered legal talent to meeting at 7 p.m. Sunday at Musi- help Kirkland attorney Jack Burns cian's Hall, 126 Logan Ave. S.Kathy argue Forbes' suit in U. S. District Keolker, one of the organizers, said Court.Forbes filed the suit last week, plans for opposing the showing of requesting that an injunction be adult movies in Renton and creation ordered against the City of Renton to of a formal citizens committee will prevent enforcement of the ordi- be discussed at the meeting. nance, and that the ordinance be 'Prepare for long haul' declared unconstitutional. Father Stephen Szeman,whose St. Coming to help Burns argue the Anthony's Catholic Church and case in court is Robert E.Smith from parochial school is located only a Los Angeles. Forbes said Smith is block away from the theaters, said "probably the foremost First Friday many members of his congre- Friday, January 22, 1982 a e shaping u over -ra e of Renton's ordinance is being heard "I think this thingcan be resolved By GREG ANDERSON in court. from showing the motion pictures," City Editor quickly if he and I can cooperate.Mr. Citizens mobilize to Warren said. Warren and Kellogg Jan.29 opening? Forbes may choose to show movies have indicated each showing of an X- A two-front legal battle is quickly Forbes already has announced he even if he doesn't get a restraining fight Forbes; See A3 shaping up between the City of wants to start showing X-rated order against enforcement of the rated movie at the theaters would be Renton and Roger Forbes, who is movies at one or both of the theaters city's ordinance, but that is a deci- a on. Each of$500 and/oros a purchasing two downtown Renton on Jan. 29. But Judge Walter code, of which the pornography maximum penaltyfc of icte six sion he'll have to make. ordinance is a part. months in jail if convicted. theaters to show X-rated movies. who has been assigned to Forbes' attorney,w Jack Burns,ies al- McGovern,M hear thecase,is out of townn until Feb. Constitutionality is issue "First we would cite him,and then Burns said he thinks the legality of readyFr has suit in s - h,according a Feb. "I would hope the city wouldn't we must make a decision on whether the ordinance could be determined the U. S. District However,in his law clerkclerk,in hisl ffice, enforce the ordinance while it's we want to get a restraining order in court within two months if the Courty of n challenging pornographyon ordi- Judge may being heard in court.Why spend time (against showing of X-rated movies) "side issue" of enforcing the ordi- nance. Thate ordinance where saidd Thursdayh the caseJu a courtv McGovernnm maygis- and money on a side issue when the or allow the criminal citation to nance in the meantime is not involy- anna adult movie theaterm can be trans who might to able to hear the main issue is the constitutionality of through Municipal Court.Then they ed. "I never try to predict what a located. case sooner than McGovern could. the ordinance itself?"he asked. would appeal,and we'd go on up." judge will do. You may lose in trial The ultimate issue,of course,will Warren doesn't see it that way. Timing of hearing crucial and win on appeal. But I've been But Burns hopes the timing of the PP be whether Renton' ordinane is hearing won't matter. "I don't see why we should cooper But the "crux of the situation," involved with a number of zoning constitutional. But a preliminary "There are some things I want to ate with Mr. Forbes in his effort to Warren said, is the timing of the issues, I'm familiar with constitu- fight may be over whether Forbes propose to Mr.Warren procedurally violate our law. If he wants to hearing date on Forbes' suit and tional issues, and based on my will be allowed to start showing X- so we don't butt heads for no pur- challenge the ordinance before it is whether Forbes is successful in analysis, this ordinance is clearly rated movies at the Renton and Roxy pose," Burns said. "We've brought found to be illegal,then he takes his getting a restraining order against unconstitutional," he said. theaters while the constitutional' iy- our motions, we've put the issue chances.I know that is the approach enforcement of the city's ordinance Burns said the requirements of sue still is being heard in court.' before the court now, and we want the City Council will take,"he said. while the legality of the ordinance Renton's ordinance, which whinis Burns said Thursday that he hopes' the court to resolve that before we Warren said if Forbes starts show- itself is heard in court. adult movie theaters near dwellings, Larry Warren,Renton city attorney, get into side issues,before we spend ing X-rated movies while the ordi- or"If they don't get start restrainings unreasonableunra or schools,nd "are arbitrary, will agree not to enforce the city's money and time going down other nance is in force,the city would cite explicitp beforeovi they kd showing ovrnmen and don'tstother Berth ano ordinance while the constitutionality avenues. Forbes for violation of the zoningarn movies, or Il rsb during thathim keepr th e e ndsrest ea than uo hearing for an order barring him keep these kinds of theaters out." mobilize to battle , Citizens vc32,z emovies X rat d downtown GREG ANDERSON see a group bind together, support the Superintendent Gary Kohlwes said,"I By By Reporter city in upholding its ordinance, and do can see it having nothing but a negative p anything financially or in legal terms to impact on the schools." While the lawyers prepare their argu- fight this. Board member Jack DuBois, a self- ments and legal strategies,a number of "We want to lodge a concentrated form proclaimed supporter of First Amend- Renton citizens are preparing their own of protest in the media and in the form of ment rights, said Forbes has oppor- • plans for opposing the possible arrival of picketing to let Mr.Forbes know we won't tunities to run a business other than to X-rated movies in Renton. lay over and play dead.We won't let this open pornography theatres in downtown Kathy Keolker, once a leader in land- slide by. Petitions will be gathered and Renton. DuBois added that to call the use battles over the construction of any other lawful means will be used to films adult entertainment is a misuse of condominiums on Renton Hill, now is fight this," she said. the word"adult." organizing a community-wide meeting to Mrs.Keolker said persons interested in And though the Renton Merchants discuss ways to prevent Roger Forbes more information can call her at 255-0936 Association hasn't taken a position so far from showing X-rated movies at the. or Elsie Kelly at 271-7131. on whether to actively oppose Forbes, Renton and Roxy theaters. Mrs. Keolker said Sunday's citizens some individual members generally ag- Mrs. Keolker said Thursday the meet- meeting will be used to formulate a ree that the additon of X-rated movies to ing is tentatively scheduled for 7 p.m. united front when organizers attend a Renton can only be bad news to local Sunday at Musician's Hall, 126 Logan Renton City Council meeting Monday merchants. Ave. S. Final arrangements were to be night to make their views known. Chuck Minnieta, owner of World made by today. An announcement of the Meanwhile, negative reaction to Travel, said he fears that pornographic meeting with final details will appear in Forbes' intentions continued to mount movies will bring similar businesses to Sunday's Daily Record Chronicle. Thursday. Mayor Barbara Shinpoch's downtown Renton, such as book stores "We're still trying to form a core group. office reported that 33 persons protest- dealing in obscene materials. We want to organize a formal committee ing the X-rated movies called by 4:30 p.m. "This could just be devastating," he to fight this," Mrs. Keolker said. The Renton School Board Thursday said."People won't go by a place showing 'Just awful' night unanimously reaffirmed its posi- pornographic movies or dirty books to a "This is just awful," she added, refer- tion, that such an establishment not be legitimate business. They might as well ring to Forbes pending purchase of the located within a mile of any school in the close Third Street from Main to Rainier I two theaters."Personally,I would like to school district. and call it First Avenue like.in Seattle." a-AM. d( Page A2 Thursday, January 21, 1982 Record Chronicle Theaters' ex-owner tried to block porno By GREG ANDERSON City Editor Sometimes the best laid plans. . . When Erwin Fey sold the Renton and Roxy theaters to Robert McRae three years ago, he foresaw the possibility that X-rated movies could find a home in Renton. In an attempt to at least postpone that �- event,Fey,now 81,demanded that a special clause be included in the sales contract with j McRae. , 41;- i That clause, to which McRae agreed, � prevented the showing of X-rated movies at k either theater during the life of the 10-year contract. g't "I just didn't want that stuff in town,"said Fey, who until 1978 operated theaters in r . Renton since 1925. But Fey's plan apparently is about to burn A--• up.Roger Forbes,the porno movie"king"of the Northwest, is purchasing both theaters from McRae. All of the theaters Forbes ROGER FORBES owns and operates show X-rated movies. "The minute McRae sells out,that's it,the Moving into Renton stipulation in the contract is out,"conceded an angry Fey Wednesday. "The one he sells to can do most anything he wants to do." Fey said he included the anti-porno clause in the sales contract because he had been contacted by a Forbes representative two or three years prior to the sale to McRae. "The man came to sound me out,and offered me$1,000 a month just to lease the Renton Theater.I told him I wasn't interested.I said it may be a good deal, but I just wasn't going to bring that stuff into town." Fey said he was losing money on both theaters for the last one or two years he owned them.He suspects McRae ran into the same problems. "I always had trouble getting first run movies because of the cost," he said. "The competition against the big chains is just too tough. It's one of these deals where the little independent is on the way out." Kay Johnson, Renton Chamber of Commerce manager, speculated that the addition of X-rated movies to the already hard-pressed central business district of Renton won't be viewed with joy by local business persons. "We supported the city on the ordinance it prepared.I would suspect that this will cause us a lot of concern about other problems this kind of business would bring to the city. It has a tendency to bring an element to Renton that I don't think the merchants would be very excited about," he said. Toni Nelson, president of the Renton Merchants Association, was unavailable for comment. Tuesday, January 19, 1982 Forbes •squiett on purchase of Renton theaters By GREG ANDERSON City Editor A flurry of frantic telephone callers contacted the Daily Record Chronicle Monday morning following a report in Sunday's edition of The Seattle Times that two downtown Renton theaters were about to show pornographic films. Rumors have been rampant recently that Roger Forbes,who owns a string of Seattle-Tacoma area theaters which show adult movies,was about to buy the Roxy and Renton theaters, both on South Third Street. Forbes so far has declined comment on the possibility of such a sale. The Times reported Sunday,however,that Forbes already had bought the two theaters from their owner,Robert McRae,and would start showing adult movies at both theaters in late January. In addition,the Seattle newspaper erroneously reported that Renton has no ordinance regulating the showing of pornographic movies. Renton City Council did approve an ordinance last spring which prohibits the operation of an adult movie theater near churches,schools or residential areas. Contacted Monday morning at his Seattle office,Forbes said of the Times story,"I don't know where they get their information."Forbes said he would neither confirm nor deny that he has purchased the theaters.McRae,who has failed to return numerous telephone calls from Daily Record Chronicle reporters over the past week, told The Associated Press Monday that "Nothing has been done on that,"referring to a possible sale of the two Renton theaters to Forbes. McRae said Forbes"hasn't bought them yet."McRae also wouldn't confirm or deny that he either had sold or negotiating to sell the theaters to Forbes. Galaxy Theaters Inc.,with which McRae is associated,still is listed as the owner of the two Renton theaters on their municipal business licenses. McRae also owned the Cine-Mond Theater in Redmond until he sold the theater to Forbes early this month. The City of Redmond has no ordinance regulating or restricting the showing of adult movies. The pornographic movies now being shown at the CineMond have sparked a furor among Redmond citizens and businesspersons, some of whom have organized to fight Forbes. According to Renton City Attorney Larry Warren,the city's pornography ordinance would prohibit the showing of adult movies at both the Roxy and Renton theaters. If Forbes has purchased the two theaters,his fare hasn't shown up on the marquee yet. Cinderella and Tale of Two Critters are are being shown at Renton Theater;Private Lessons,a Summer of'42-type movie,is being shown at the Roxy. Thursday, January 21 , 1982 9 Forbes sues to repeal c s adult films law the kinds of protected First Amendment press materials assigned the case,will return to Seattle,said a clerk in his showing of adult lton movies nd within net mile of a on South sool. By G D AN vailable to adult citizens of the City of Renton and adult office. and Both ED PENHALE visitors to the city." Kukio Bay Properties and Playtime Theatres are the Street in the central business district,are within one mile Staff Reporters Forbes plans to close a deal on purchase of•both the listed plaintiffs in the suit.Mayor Shinpoch,members of of Renton High School and St.Anthony's Catholic Church X-rated film showman Roger Forbes' Playtime Renton and Roxy theaters from Robert McRae on Jan.26, and Jim Bourasa,acting Renton pollee chiefDarlores e the Mead d and school. round of legal action could occur,the Renton Council,Renton Clerk Kel1o�K Theatres company,a firm that has plans to turn a couple according to the lawsuit. indicated,if round eofrlegal show X-rated occur, at ello!g of Rentona , neighborhood it in movie houses intot Wednesday Kude Bey e r d into a, Inc., t which Forbes also 5, defendants. Dan Kelso g assistant city attorney for Renton, said inof i ae two f Forbes riese sh w X-rat smt isi s a l bung r g , cinemas,filed a rturn a R U.S.Dit or Courtthwoul president,entered into a rRentoneal estate agreement Nov. 2 said Forbes must apply for a business iceiise blthot ck ov of a Renton city he theaters. s. would 180 ,to purchase the two filed in for the sum of Wednesday nderstoodthat would happen,"he said.Kellogg the suit. heard Kellogg said block screenings ofadult films t t Inc., $800,ki o,according tot documentsleasethe filed in court. But if the startstyshowing adult movies t. either of Forbes,president of Playtime Theatres,Ic.,is seeking Kukio Bay plans to lease the theaters to Playtime said his office had been in contact with Forbes'attorney, first,which the city will be obligated to grant. a preliminary injunction to prevent Renton officials from Theatres on Jan. 27. Then on Jan. 29,Forbes intends to Jack Burns,recently. Kellogg said "we would file a zoning Court," Kellogg joked, acknowledging that a long court violation action against him in Renton Municipal Court. enforcing a city ordinance that restricts adult theater begin exhibiting X-rated films at both theaters,according "I always wanted to argue a case before the Supreme the theaters, locations to specifiedparks distances from residences,schools, to court records. would be a criminal action against him for violating the churches and parks. The lawsuit says that Mike Parness, administrative battle probably will ensue. The ordinance,which the lawsuit alleges is unconstitu- assistant to Renton Mayor Barbara Shinpoch, advised It is difficult to say how well Rentonn's year-old zoning csure that we would contend that every showing(of re. ated,would prohibit tt Playtime t Theaters ea t Monday exhibitxi if thee theaters theno p he city wosed uldFrbes are to ordinanceSeattle's ordinance,which has been held constitutional an X-rated movie)would be an offense." rated films at the two downtown RentonNov.theaters25, that used nfo tc its ordinance films, the in aKellogg said he didn't know what the penalty is for a Furs plans to buy under to terms of a ov. 25, 1981, enforce lawsuitseeks a prelilminary injunction against the aating X-rated theaters. dult movie theaters effect creates legally operate."combat zone"where zoning code violation. purchase agreement. Renton City Council has the ad - U.S. lawsuit Sixth and the ordinanceenth violatest the f City ofst Renton, pendingpermata hearing on the plaintiffs' method,Renton's and entirely differenth Sltackh Renton's n'e s ministrationn and nc a alreadyys office to instructedothe the Fourth, stit t on and Fourteenth amendments sole tr purpose the request for a Wednesday,injunction.however,etion. zoning code"vigorously."ncityt U.S.Constitution "was passed with the sole to It appeared there may not be any ordinance prohibits adult movie theate churches and rs from areas prevent the opening of any adult motion epicture ffectiveheater court action in the case ly District Court Judge WalterdMcGovern,awho has been schoolsthin SFor1examplec e,, Ren on'ces of s ordinance prohibits the (Related story,A2) within the city limits of Renton and to effe Y Battle brews over rumored porno films By GREG ANDERSON • City Editor Roger Forbes hasn't purchased the Renton or Roxy Theaters in Renton. No one is saying if Forbes will purchase the theaters from Robert McRae. But despite the fact that nothing actually has happened on this controversial front, forces al- ready are marshaling to see that pornographic movies do not come to Renton. During a Renton City Council meeting Monday night, a man sat quietly in the front row, taping everything that was said. He told a reporter later that he was preparing to vigorously fight any effort to bring pornographic movies to Renton. And Kathy Keolker, former president of the Renton Hill Community Association and veteran of numerous land-use struggles,found herself in the • spotlight again Monday night. This time, her oratory was directed at another kind of land-use: Restrictions regarding f�vvhere an adult movie theater can locate in Reran. Fears have mounted dramatically among many Renton citizens in the past week due to ambiguous statements by Forbes and McRae and an erroneous report in a Seattle newspaper. Purchased Redmond theater Forbes,owner of a chain of adult movie theaters, purchased the Cine-Mond in Redmond several weeks ago and started showing adult movies. McRae, who owns the two Renton theaters, also owned the Cine-Mond. McRae denies that he has sold either of the two Renton theaters to Forbes.But neither McRae nor Forbes pill say whether a sale is being negotiated. Unlike Redmond,Renton does have an ordinance restricting where an adult move theater can be located. Mrs. Keolker demanded Monday night that the City Council enforce the ordinance should Forbes extend his mini-empire to Renton. The effect of Renton's zoning ordinance con- cerning adult theaters is to to keep them away from any residential area, school or church. The most obvious geographic area in the city allowed by the ordinance for an adult movie theater would be the industrial park area on the Valley floor . Mrs. Keolker said that's the way it should be. 'Unique position' "Renton is in a unique position regarding this • type of theater. Unlike many•other of Mr.Forbes' theater locations,these theaters arelocated on the main street of Renton in the central district. "This area is very close to Renton High School, St. Anthony's Catholic Church and St. Anthony's School. Many students walk by these theaters on their way to and from school. "While I consider myself a progressive parent who is not unwilling to listen to reason,I do not feel that this location is appropriate for porno thea- ters," she said. In recognizing the fact that it would be uncon- stitutional to ban adult theaters outright, Mrs. Keolker said such theaters should be in industrial- type areas where"those who wish to find it will be able to do so without infringing on the rights of those of us why do not wish to have any part of the porno businesb." Mayor Barbara Shinpoch implied that if Forbes does buy one or both of the two downtown Renton theaters and tries to show pornographic movies, legal action would ensue. J It 1`I 1 RENTON CITY COUNCIL Regular Meeging January 18 , 1982 Municipal Building Monday 8 : 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF EARL H. CLYMER, Council President; THOMAS W. TRIMM, NANCY L. COUNCIL MEMBERS MATHEWS, JOHN W. REED, RICHARD M. STREDICKE, RANDALL ROCKHILL AND ROBERT J. HUGHES. CITY OFFICIALS BARBARA Y. SHINPOCH, Mayor; LAWRENCE WARREN, City Attorney; IN ATTENDANCE DELORES A. MEAD, City Clerk; MICHAEL PARNESS, Administrative Assistant; LT. DONALD PERSSON, Police Department; BT.CF. JAMES MATTHEW, Fire Department; W. E. BENNETT, Acting Finance Director; JOHN WEBLEY, PARKS AND RECREATION DIRECTOR. MINUTE APPROVAL MOVED BY CLYMER, SECOND ROCKHILL, APPROVE COUNCIL MINUTES OF JANUARY 11 , 1982 AS PRESENTED. CARRIED. AUDIENCE COMMENT Kathy Keolker, 532 Cedar Ave. S, called attention to newspaper article that Renton and Roxy Theaters had been purchased with Enforcement Asked intent of showing pornographic films. Mrs. Keolker asked en- of Adult Motion ' forcement of Renton' s land use ordinance prohibiting adult Picture motion picture theaters within area of single family residences , Ordinance schools , churches and parks and noted zoning requirements exist for other activities,also. Upon inquiry, City Attorney Warren reported action will be taken if City ordinances are violated. CONSENT AGENDA The following items are adopted by one motion which follows the business matters included: Claims for Claims for Damages were filed by the following parties: Refer Damages to City Attorney and Insurance Carrier. T. Speight Thomas Speight , Seattle, filed claim for damage to auto in the amount of $344.95 alleging City truck threw sand on car. J. Donahue John Donahue, Renton, filed claim in amount of $705 for damage to basement by flood, alleging failure by City to maintain proper drainage. Washington Washington Natural Gas Co. filed claim in amount of $215.80 Natural Gas for damaged gas line at 1013 Pierce Ct. NE, alleging City laid water service directly over gas main. Washington Natural Gas Co. filed claim in amount of $303.80 for damage to gas line at 2830 Sunset Lane NE, alleging the City laid water main over gas main. Park Bonds Letter from Acting Finance Director Bennett requested an ordinance be prepared authorizing acceptance of bond sale for $1 ,825,000 Unlimited General Obligation Bonds for Gene Coulon Memorial Lake Washington Beach Park. Letter from Seattle Northwest proposed bond schedule, recommended $5,000 denominations at 15% interest per annum. Refer to Ways and Means Committee. Appointment Letter from Mayor Shinpoch reappointed Versie Vaupel to the Renton Planning Planning Commission for three-year term effective through 1/31/85. Commission Other Commission Members: Virginia Houser, Frank Jacobs , Eugene Ledbury, Paul Maxin, Michael Porter, Barbara Schellert, Joan Walker and Anita Warren. Refer to Ways and Means Committee. Proposed Petition for vacation of alley (located north of South Tobin Street Alley Vacation between Burnett Ave. South and Williams Ave. South) was filed by VAC-Ol-82 the Salvation Army, 65 Williams S. Refer matter to the Public Works Department for validation of petition, Board of Public Public Hearing Works re appraisal and easement retention; to Ways and Means Com- 71/82 miittee for resolution setting public hearing on March 1 , 1982. /c)Vc;4-iFi Porno theaters owner eyeing Roxy . By GREG ANDERSON "I will keep you informed." obtain a copy of the city's obscenity ordinance Forbes is well-known in the Northwest as the about two weeks ago,but she added that she doesn't City Editor owner of a string of small commmunity theaters know who the person represented. A porno movie house in Renton? which now deal only in pornographic movies. He Fey said he learned of Forbes'presumed interest Talk of such an establishment opening prompted specializes in buying older neighborhood theaters in Renton because"the word is going around on the Renton City Council earlier this year to conduct a which are losing money showing tamer fare. film road." public hearing and then write a tough ordinance Pornography, it seems, sells. Fey added that he has a provision in the sales restricting the purveyance of such fare. Now the Forbes couldn't be reached for comment Tues- contract with McRae that prevents McRae from talk is surfacing again,but so far it appears to be day. But the general manager for his company, showing any "sex movies" during the life of the just that. Talk. Playtime Inc.of Seattle,said she didn't know of any contract, which is 10 years. During a Monday night City Council meeting, plans to buy the Roxy,504 S. Third St. "But nothing prevents the theater from being Mum Mayor Barbara Shinpoch a members. circulatedThis l what the memo 'Roger is always interested in obtaining another sold and the new owner showing these movies," theater," said Juanita Hamlin. "But to my know- Fey said. said: ledge,nothing is going on with any theater now." "Gird your loins, or whatever. Mr. Erwin Fey, Fey sold the Roxy and another downtown Renton Dan Kellogg,assistant city attorney for Renton, former theater owner in Renton, has advised the theater to Bob McRae of MCR Inc. McRae since said the city attorney's office would have no city that the current owner is negotiating to sell the has joined with a partner and formed Galaxy comment at all on the situation or on the strength of Roxy (Theater) to an agent for Roger Forbes. A Theaters Inc., which added several Tacoma thea- the city's ordinance should it face a court chal- representative of Mr.Forbes secured a copy of our ters to the chain. lenge. applicable ordinance from the city clerk's office. A receptionist at Galaxy said McRae would be "We'll just have to wait and react," said Mayor "The prevailing opinion is that Mr.Forbes does the only person who could comment.McRae failed Shinpoch."We're just waiting to see what happens. not make his living showing Walt Disney films,and to return a telephone message Tuesday from a I talked about it today with my staff,and there is that our ordinance may or may not withstand a reporter. nothing we can do now.We're dealing with a lot of court challenge. Renton City Clerk Del Mead said someone did rumors now." pc, p[i/ rIT t Porno theater has no place in central core The rumor is flying that a new porno theater may try to find a home at the Roxy Theater in downtown Renton. That'd be about as appropriate as holding a revival in a striptease joint. Downtown Renton,like the central cores of Kent and Auburn,is an interesting place to visit and shop.We wish Mayor Barbara Shinpoch and the Renton City Council well in blocking the porno move,if it comes about. ,-pK1 L l� CITY OF RENTON , WASHINGTON ORDINANCE NO . _ 3526 AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON, RELATING TO LAND USE AND ZOvING THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I : Existing Section 4-702 of Title IV (Building Regulations) of Ordinance No . 1628 entitled "Code of General Ordinance: of the City of Renton" is hereby amended by adding the following subsections : 1 . "Adult Motion Picture Theater" : An enclosed building used for presenting motion picture films , video cassettes , cable television , or any other such visual media , distinguished or characters; by an emphasis on matter depicting , describing or relating to "specific( sexual activities" or "specified anatomical areas" as hereafter defined , for observation by patrons therein . 2 . "Snecified Sexual Activities" : (a) Human genitals in a state of sexual stimulation or arousal; (b) Acts of human masturbation, sexual intercourse or sodomy ; (c) Fondling or other erotic touching of human genitals , pubic region , buttock or female breast . 3 . "Specified Anatomical Areas" (a) Less than completely and opaquely covered human genitals , pubic region , buttock , and female breast below a point immediately above the top of the areola ; and (b) Human male genitals in a discernible turgid state , even if completely and opaquely covered. -1- SECTION II : There is hereby added a new Chapter to Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" relating to adult motion picture theaters as follows : A. Adult motion picture theaters are prohibited within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses or zones : 1 . Within or within one thousand (1000 ' ) feet of any residential zone (SR- 1 , SR-2 , R-1 , S-1 , R-2 , R-3 , R-4 or T) or any single family or multiple family residential use . • 2 . One (1) mile of any public or private school 3. One thousand (1000 ' ) feet of any church or other religious facility or institution 4. One thousand (1000 ' ) feet of any public park or P-1 zone . B. The distances provided in this section shall be measured by following a straight line , without regard to intervening buildings , from the nearest point of the property parcel upon which the proposed use is to he located , to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to he separated. SECTION III : This Ordinance shall be effective upon its passage , approval and thirty days after its publication . .PASSED BY THE CITY COUNCIL this 13th day of April , 1981 Delores A. Mead, City Clerk APPROVED BY THE MAYOR this 13th day of April , 1981 . Approved as to form: � J - �' .�o� Barbara Y. Shinpoch , Mayor Lawrence J. linTren ,- City Attorney--- Date of Publication : May 15, .1981 /pri ) 1 , iSil Renton City Council 4/13/81 Page 4 Old Business - Continued - Public Safety Committee - Continued Gate Location The Public Safety Committee report further recommended the gate Pipeline Road located adjacent to Phillip Arnold Park remain and the Administra- Emergency Access tion be directed to resolve the problem of locking the gate with Cedar Ridge the City of Seattle Water Department. The locks are not to be chahged without notifying the Fire or Police Departments. MOVED BY HUGHES, SECOND ROCKHILL, COUNCIL CONCUR IN RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE. CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Vice-Chairman Hughes submitted committee Committee report recommending second and final reading of an ordinance Ordinance #3524 increasing sewer charges without providing bonds. Following Sewer Rates reading of ordinance increasing sewer rates to $2.35 per month, • MOVED BY STREDICKE, SECOND REED, ADOPT THE ORDINANCE. ROLL CALL: 4-AYE: STREDICKE, REED, HUGHES, ROCKHILL; 2-NO: SHANE AND TRIMM . MOTION CARRIED. Ordinance #3525 The committee report recommended second and final readings of an Appropriation ordinance which provided for the appropriation and transfer of Traffic Signal funds in amount of $70,200 unanticipated revenue (reimbursement from the Boeing Company) for upgrading traffic signal system and channelization on Logan Ave. N at N 6th St. Following reading, MOVED BY HUGHES, SECOND ROCKHILL, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3526 The committee report recommended second and final readings of an Adult Motion ordinance relating to land use and zoning for adult motion picture Picture Theater theaters. Following reading, MOVED BY HUGHES, SECOND ROCKHILL, Zoning ADOPT THE ORDINANCE AS READ. ROLL CALL: 5-AYE: AYES: STREDICKE, REED, TRIMM, HUGHES , ROCKHILL; ONE NO: SHANE. CARRIED. First Readings The committee report recommended first readings of the following Rainier ordinances and referral back to committee for one week: Annexation An ordinance was read providing for annexation of certain ter- Ordinance ritory to the City, known as the Rainier Annexation (Revised) . MOVED BY HUGHES, SECOND STREDICKE, REFER ORDINANCE BACK TO THE COMMITTEE FOR ONE WEEK. CARRIED. Parking and An ordinance was read amending the Parking and Loading Regulations Loading within the CBD (Central Business District) . MOVED BY HUGHES, Ordinance SECOND SHANE, REFER ORDINANCE BACK TO THE COMMITTEE FOR ONE WEEK. CARRIED. Supplemental Arr ordinance was read adopting the 1981 Supplemental Budget. Budget Ordinance MOVED BY HUGHES, SECOND ROCKHILL, REFER ORDINANCE BACK TO THE COMMITTEE FOR ONE WEEK. CARRIED. Water Rates An ordinance was read revising water rates, fire protection charges Ordinance and metered water service; no bonds included. MOVED BY STREDICKE, SECOND HUGHES, REFER ORDINANCE BACK TO COMMITTEE FOR ONE WEEK. CARRIED. The committee recommended the following resolutions for reading and adoption: Resolution #2390 A resolution was read declaring intent to construct and install LID #320 watermains, hydrants and appurtenances in the vicinity of NE 27th Watermain St. between Edmonds NE and Devils Elbow and create LID #320; public hearing 5/18/81 . MOVED BY SHANE, SECOND TRIMM, CONCUR IN RECOMMENDATION AND ADOPT THE RESOLUTION. CARRIED. Resolution #2391 A resolution was read declaring intent to construct and install SW 43rd Street curbs, gutters, sidewalks, storm drains, sewers, illumination in Improvements the vicinity of SW 43rd St. ; public hearing 5/4/81 . MOVED BY L. I .D. 323 HUGHES, SECOND ROCKHILL, CONCUR IN RECOMMENDATION AND ADOPT THE RESOLUTION. CARRIED. Resolution #2392 A resolution was read declaring a moratorium for connection to the Sewer Moratorium sanitary sewers within the Honeycreek and May Creek Drainage Basin, Honeycreek and established eight properties not included. and authorized 361 Unit sewer connections. MOVED BY HUGHES, SECOND STREDICKE, ADOPT THE RESOLUTION. CARRIED. _. . iecin1ond reverses, grants license to CineMond fay Rebecca Case : htunal-Amertcart Staff Witter 1 Federal District Court Judge Donald Vorhees found the Bremerton or- "�3� �`` i dinance unconstitutional and Forbes is now in line to collect damages. A duel between Redmond officials and the owner of an X-rated mo- w �, ,,� Bremerton City Attorney Terry McCluskey said it could run /30,O00 to .` viehouse ended in a draw Wednesday when city officials lowered their d4<4 S' „,� } •0 _ ,�� ;30,000. sights and agreed to issue a business license to Cine-Mond Theater �{ , "Forbes believes in this type of film and will put every dime he has •owner R:"er Forbes. �' into fighting for it,"McCluskey said Wednesday. "My impression is he He will be free to pickup the license today. has lots of dimes." The Cine-Mond, which began its run of X-rated films on New Year's , � Forbes' ticket sales indicate the same. He said he sold 500,000 tic Day, was told to close shop Tuesday night following a heated City Coun- s A lastH year and spent 1976$150,000 in legalghtfees firstto theater. Nowe allowed to heell them.0 L • cil meetingin which residents protested the showingof sexuallyexplicit '-- .r; Ys . He moves fast.In he bought his theater. is rumored e films in the city's only theater P :, _ be buying a,Renton theater from Bellevue businessman Robert McRae City John Wallace told crowd the be ..4:.,. :17.,4:1,.. 4 —the man from whom he bought the Cine-Mond last month. Red- prosecutedCity Attorneyfor operating John before it theh crowd a that the theater e couldse,and a -. - _ "It's a little premature for me to say we're anything along thisth battlea lines now,"• •ty police sergeant was advised to warn the theater manager. • Forbes said Wednesday. "After all, fighting in But on Wednesday, the Cine-Mond operated as usual. Its 39 year old a ' m now." wBttle owner accused Redmond officialsd o as us to public-y ear old �.'` ,; _ w .'.., t Butg the p lation to support aid there are only a ter. He intends in the state T by threatening him. t,: . r+ enough population to an X sated theater. He to e "I went in to the clerk's office with my attorney the Wednesday before • - _ , five or six more before calling it quits. New Year's Day and applied for the license," Forbes said Wednesday. -' I have a five-year plan,"he said. "When it's completed, I expect to "I pointedly asked the clerk if there'd be any problem opening the fol- ` .' ' i -_ `~- retire and live off the rent." lowing Friday,and she said, 'No,go ahead,good luck.' " t Assistant City Attorney Larry Martin said city backed down •` FORBES SAID he learned the movie trade as a local film booker for Wednesday when it found the theater had passed thea fire inspection and =• Sterling Recreation Organization and did not originally intend to go into complied with all codes. ' u �` y` .>M>-a the X-rated trade. But he found it was the only area not controlled by s _ t other chains. "I believe in monopoly,"he said. ' t x `" ":{ He tried booking one theater,Scottie's Palace Theater, with general • REDMOND IS NOT the first city to hack down in a confrontation with i�7 � A te. '�'- release films in 1977 but paid he lost E240,000.in 18 months. It's showing Forbes. Others have wished they had sooner. L L ; X-rated films now. Forbes, a Seattle native and graduate of Garfield High School, has r '" *- r r - Forbes said his ownership of a chain of theaters gives him more lever- gore through legal battles in each of the six cities in which he's opened ' rt •. age for getting the better made sexually explicit films. Forbes said an adults only theater. He Usually wins —even when it looks like he's �' Q_ 4 • there �s much difference in quality of X-rated movies as there is be- an - h` -,`' tween zeneral release films. q Pasco tried to use a land-use ordinance to zone his Liberty Theater out , That means he rejects a lot of films,he said. But most of what he of existence.The ordinance wasdinupheld in federal District Court. `• -=�r ��'^�' turns down is not rejected because it's offensive but because it's boring. Then one of the jurors admitted he had picketed Forbes' theater be y r ' • °IE ;�. "I'm sure there's something called kiddie the trial began and a mistrial u as declared. • ``°` I'd show even if it were made in 35mm—which its not. it he said.'s not anything sti-- sco City Manager Lee Kraft said Wednesday city officials lost heart z`-!k .•;•- ,� ; r } �i > ality, sado-masochisr.i—none of those things are in 35mm after that.They estimated it would cost dues 0 to$50,000 to continue the ., " films. That fight.Instead,Forbes was given a non conforming use permit and told tolif goes beyond the standard that would be acceptable." take down a conspicuous"pigeon roost facade"and playbills with "las- He said he pitches his films at couples and claims that distinguishes take s language." him from adult book stores,which he said cater to men. guage. ' Consequently, he" likes his theaters in.nice middle-class locations, 1 In 1980, Forbes was given a city beautification plaque by Pasco offi- ' '` . places where middle-class couples are comfortable. �:i cute.Kraft said it's given to all downtown property owners who upgrade 1i+;,i,- # _ their buildings and does not imply a "sweetheart relationship between He Pulled out of a downtown Tacoma theater because the location was ''' bad and he opened two theaters,the Rex and Community,in other parts him and the town',as Forbes occasionally implies. • of the city. Tacoma officials then tried to force him Forbes won another battle in Bremerton last year after he challenged _ town core wish an ordinance similarback into the down- the constitutionality of a "community-impact" ordinance. It required to Seattle's. That ordinance does applicants for business licenses to submit checklists showing the effects '71116 i not allow adult;only theaters in outlying neighborhoods. The ordina:ce was upheld,but Forbes filed an appeal in the 9th Circuit of their businesses on surrounding areas. • Court of Appeals past December. When Forbes and two sauna parlors submitted their checklists they Staff photo by Sally Tonkin Forbes said that all the furor in Redmond will come to nothing. were told to prepare fuller statements. The saunas complied and got Theater owner Roger Forbes says the furor over his X-rated movies And they gets you a million dollars in publicity for nothing. their licenses.Forbes sued. "gets you a million dollars in publicity for nothin know my track record, they know I'm going to stay," he f nothing." said. Weather reaches a new low ina - Puget `Sound ... Mnfnr;c*c Iva% . 4L _ --Contlaaed hem Peke One _ , PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT APRIL 6, 1981 ADULT ENTERTAINMENT LAND USE - (Referred 12/1/80) The Planning and Development Committee, after considerable review of this subject, including two meetings where public input was received, feel that it is in the best interest of the City of Renton and the desire of its citizens to provide regulation for the so-called adult motion picture theater location. Therefore the Committee recommends: 1 . That the Council concur and refer the subject to the Ways and Means Committee for the appropriate ordinance. 2. That the ordinance be written to reflect the following desired conditions : a. No adult motion picture theater will be allowed in any area used or zoned residential or in any P-1 public use area. b. A suitable buffer strip of 1000 feet from any residential or P-1 area also be a banned area. c. The area enclosed in a one mile radius of any school (this is the minimum student walking distance) would also be a, banned area. , Rand" Rockhill , Chairman r Earl Clymer \� ' ‘Li. %d- - ohn Reed Renton City Council It , 4/6/81 Page 6 I G f i I ORDINANCES AND RESOLUTIONS / Ways and Means Ways and Means Committee Chairman Clymer presented committee Committee report which recommended first reading of an ordinance appropri - First Reading ating $70,200 reimbursement from the Boeing Company unto Traffic Traffic Signal Engineering Div. for N 6th St./Logan Ave. N signal , sidewalks , Logan N. etc. Following reading it was MOVED BY CLYMER, SECOND ROCKHILL, REFER ORDINANCE BACK TO THE COMMITTEE. CARRIED. Adult Motion The committee recommended first reading of an ordinance relating Picture to Adult Motion Picture Theater, setting standards and establish- Land Use ing location (See earlier Planning and Development Committee report) . Following reading, it was MOVED BY CLYMER, SECOND ROCKHILL, REFER THE ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE FOR ONE WEEK, CARRIED. NEW BUSINESS Council President Stredicke inquired re status of NE 4th St . Intersections and Union Ave NE intersection. Acting Public Works Director in NE Section Houghton reported approval received and work is progressing. Stredicke further inquired regarding the intersection at NE 4th Street and Monroe Ave. NE and was advised that the widening of Monroe Ave NE near new apartment complex should be completed soon , that occupancy will not be allowed until roadway is completed. Councilman Stredicke objected to letting developer rip up the street and leave it to the detriment of the citizens and their cars . Arrows Councilman Shane noted street marking arrows at Houser and Street Markings Williams should be pointing to the left as it is the only way to turn and asked they be investigated. ADMINISTRATIVE Report from Mayor Shinpoch advised that a notice of change in REPORT garbage rates will be sent out with the utility billings in Garbage Rates Apriland will be printed on pink paper. The Community Food Bank Board has agreed to participate with the Salvation Army Food Bank to assist Renton ' s needy; located at 65 Williams Ave. S; hours are 8: 30 a.m. to 4:00 p.m. The Mayor reported receipt of a CBD Lighting lengthy statistical communique from Acting Public Works Director Houghton asking re-evaluation of the decorative lighting in Renton ' s CBD due to need to conserve both energy and manpower. Referral to Council Committee for study and recommendation was urged . Senior Stage Reminder from the Mayor: Senior Citizen Stage Review Friday Review 4/17 and Saturday 4/18/81 at Carco 7:30 p.m. Council invited . Personnel Director John McFarland is in Japan this week, full- McFarland/Japan filling prior commitment to Tukwila ' s Sister City. Metro Mayor Shinpoch noted the Metro Council , composed of 38 elected and appointed officials, gets just as confused in parliamentary procedure as Renton; though not comforting , she knew we were not alone. Metro update: Approval given to 1990 Plan, which is a document to set goals - more hope than blueprint because of funding. The public should know that the fare box generates 1/3 of the revenue in all transit programs in the country , other monies come from tax sources . Metro' s water quality program will apprarently suffer from recent federal cutbacks - a team just returned from Washington advised funding only for emergencies and not ongoing programs or future planning. Metro has a new New Metro Member member : Donald W. Custer , representing the 7th Councilmanic District. Burnett S MOVED BY TRIMM, SECOND SHANE, COUNCIL APPROVE THE REPLACEMENT OF Street Program CONCRETE FOR MARY BROWN, BURNETT AVE. S. STREET PROJECT. CARRIED. AUDIENCE Robert Tiossem, 1313 Market St . , Kirkland, representing the COMMENT Central Highlands Plaza called attention to Consent Agenda item Building (See Page 4, Item 4) and requested Council give approval due to Moratorium construction commitment timing. Tjossem explained approval had NE Section been received for construction and when the resolution was adopted Burger King was inadvertently omitted. Renton City Council 4/6/81 Page 5 Corresponsence and Current Business - Continued Tiffany Park off from public access to eliminate hazards to the children. School Walkway Mayor Shinpoch report Acting Public Works Director Houghton and Continued Administrative Assistant Parness viewed area. City Attorney Warren advised need to determine ownership. MOVED BY STREDICKE, SECOND CLYMER, refer the matter to the Park Department and Street Department for report back. SUBSTITUTE MOTION BY ROCKHILL, SECOND CLYMER, REFER MATTER TO THE ADMINISTRATION TO REPORT BACK DETAILS AND RECOMMENDATION. CARRIED. Orillia Letter from Burlington Northern, N.C. Kretzer, Asst. Mgr. Property Industrial Park Management , requested amendment to the City' s ordinance to provide Divisions I & II additional extension to allow Glacier Park Company permission to continue its construction of Burlington Northern Orillia Indus- trial Park beyond the June 11 , 1981 deadline. The letter explained the Board of Public Works has allowed the second extension and has informed Burlington Northern that the existing ordinance limits authority of the Board .to two extensions. Upon inquiry, Acting Public Works Director Houghton advised the company cannot complete the work in Division II without the extension. MOVED BY STREDICKE, SECOND SHANE, REFER THE REQUEST TO THE PLAN- NING AND DEVELOPMENT COMMITTEE FOR RECOMMENDATION. CARRIED. OLD BUSINESS Transportation Transportation Committee Chairman Trimm submitted committee Committee report recommending amendment of the ordinance relating to park- Loading Ordinance ing of commercial vehicles for loading and unloading within the Commercial Central Business District to allow double parking for the purpose Vehicles in CBD of loading and unloading merchandise in those areas that do not have off-street facilities . Double parking would be permitted between the hours of 8:00 a.m. and 2:00 p.m. for 15 minute inter- vals only. The report recommended referral to the Ways and Means Committee for amending ordinance. MOVED BY TRIMM, SECOND SHANE, CONCUR IN COMMITTEE REPORT. CARRIED. Traffic Signal Transportation Committee report presented by Chairman Trimm Operations recommended that all traffic lights currently on flash, commence flashing at 7:00 p.m. rather than 9:00 p.m. , except on Friday when 2nd and 3rd Streets will remain operational until 1 :00 a.m. On Saturdays 2nd and 3rd Streets will remain operational until 1 :00 a.m. Sunday and will then commence flash operation and remain so until 6:00 a.m. Monday. All others will go on flash at 7:00 p.m. Sunday and remain on flash until 6:00 a.m. Monday. MOVED BY TRIMM, SECOND SHANE, CONCUR IN RECOMMENDATION. Upon inquiry Traffic Engineer Norris noted he had met with committee and will continue with traffic count. MOTION CARRIED. Ways and Means Ways and Means Committee Chairman Clymer presented committee Committee report recommending Council concurrence in the Mayor 's appointment Appointment of Gene Ledbury to the Planning Commission; term effective through 6/30/83. MOVED BY STREDICKE, SECOND SHANE, CONCUR IN RECOMMENDA- TION. CARRIED. Public Safety Public Safety Committee Chairman Hughes advised a fire rating Committee survey meeting is being arranged in approximately four weeks and recommendation will be forthcoming. Planning and Planning and Development Committee Chairman Rockhill presented Development committee report which recommended that Council concur that it Committee is in the best interest of the City and is the desire of its Adult citizens to provide regulation for the so-called adult motion Entertainment picture theater location. Also recommended : that the ordinance Land Use be written to reflect the following desired conditions : (a) No adult motion picture theater be allowed in any area used or zoned residential or P-1 public use area; (b) A buffer strip of 1000 feet from any residential or P-1 area also be a banned area; (c) The area enclosed in a one mile radius of any school also be banned area (minimum student walking area) . The report recommended Council concurrence and referral to the Vays and ,Means Committee for ordinance. MOVED BY CLYMER, SECOND ROCKHILL, CONCUR IN REPORT. CARRIED. PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT APRIL 6, 1981 • ADULT ENTERTAINMENT LAND USE - (Referred 12/1/80) The Planning and Development Committee, after considerable review of this subject, including two meetings where public input was received, feel that it is in the best interest of the City of Renton and the desire of its citizens to provide regulation for the so-called adult motion picture theater location. Therefore the Committee recommends: 1 . That the Council concur and refer the subject to the Ways and Means Committee for the appropriate ordinance. 2. That the ordinance be written to reflect the following desired conditions : a. No adult motion picture theater will be allowed in any area used or zoned residential or in any P-1 public use area. b. A suitable buffer strip of 1000 feet from any residential or P-1 area also be a banned area. c. The area enclosed in a one mile radius of any school (this is the minimum student walking distance) would also be a banned area. 7!`/, -\Rand Rockh i l l , Chairman .)s)���._. Earl Clymer ohn Reed OF R4, OFFICE OF THE CITY ATTOR tei& O NEY • RENTON,WASHINGTOI� `/ POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 Z � o � MINIM 09 ^) LAWRENCE J.WARREN, cliv ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEN 09gT�O SEPZEMOP March 24, 1981 SUSAN R. IRWIN, ASSISTANT CITY ATTORNE c F RFD TO: Planning and Development Committee FROM: Daniel Kellogg, Assistant City Attorney MAR6 ;' >sl RE : Adult Entertainment Regulation CI t Y 1- ��+��f�� i I I 1 (_4 1j I,., I I_ I' Two questions have been referred to this office for reply concerning the above subject matter. Our response is set forth as follows : 1. Section 6-116 makes it unlawful for any person to sell or possess with intent to sell any obscene film or publica- tion within the City of Renton. We attach a copy of that Section for your review. The difficulty with this Section is the necessity of proving the definition of obscenity. This has been the stumbling block that the Courts have continually found difficult to hurdle in view of the First Amendment rights which are involved. 2. The Liquor Board prohibits the showing of film, still pictures , electronic reproduction, or other visual repro- ductions of specified sexual conduct in a licensed premises , Washington Administrative Code Section 314-16-125 is attached for your review. Particular attention should be paid to sub-section 9 of that section. Finally, we enclose our first draft of the ordinance defining adult motion picture theater, adult book store , specified anatomical areas and specified sexual activities , We wish the Committee to be aware of our concern over the approach which has been adopted by the Committee. This legislation as directed by the Committee , requires the dispersal of the specified land uses to an extent which we view as being very nearly arbitrary and capricious , in other words , without a basis in reason. During the preparation of the enclosed legislation I have once again had opportunity to review the legislation from many other cities around the country, The distance limits established by the Committee are greatly in excess of the distances prescribed in the Ordinance which *" have withstood attack, I am also concerned by the fact that the proposed legislation which you have requested varies significantly from the approach which the City of Seattle has successfully taken. As I mentioned before, lawyers always prefer to be on ground that has been safely trod by other lawyers . The Seattle Ordinance relates only to adult motion picture theaters and allows them as a matter of right within certain very intense zones and prohibits them in less intense zones . This is the "combat zone" approach which has been approved by the Court. The legislative approach that you are indicating is a modification of the "dispersal" theory which does not provide any means or standards for allowance of exceptions to the Ordinance in the event that such a use could be allowed within the specified distances without detriment to the public health, safety and welfare. Finally, the prohibition of adult book stores is a more difficult question than the prohibition of the motion picture theaters due to two factors : (1) , the First Amendment rights of the print media are more readily protected than the visual media and (2) , there apparently are existing establishments in the City which may come close to being included in the definition of an 'b.dult book store" . If so, those uses would be non-conforming prior uses and would be allowed to continue to operate unless the Council included within the legislation a section requiring the elimination of non-conforming prior uses within a certain period of time. Obviously, the definition is offered only as one suggestion and may be modified by you in the course of your deliberations . We will be present at the Committee meeting on Thursday to answer any questions which you may have. Daniel Kellogg DK:nd Encl. I • 6-116: OBSCENE LITERATURE;OBSCENE ACT: (1) It shall be unlawful for every person: a. Having knowledge of the contents of any obscene film, publication, performance and other written or graphic matter to exhibit, sell, distribute, display for sale or distribution, or having knowledge of the contents thereof to have in his or her possession with the intent to sell or distribute any book, magazine, pamphlet, comic book, newspaper, writing, photograph, motion picture film, phonograph record, tape or wire recording, picture, drawing,' figure, image or any object or thing which is obscene;or b. Having knowledge of the contents thereof to cause to be performed or exhibited or to engage in the performance or exhibition of any show, act, play, dance, or motion picture which is obscene. (2) Obscene; Definitions: For the purpose of this Section, the term "obscene" shall be defined as material or acts which, taken as a whole, appeal to the prurient interest in sex of the average person upon application of contemporary community standards which portray sexual conduct in a patently offensive way, and which, taken as a whole do not have serious literary,artistic, political or scientific value. The term "community standard" shall mean the standard within the State of Washington. Obscene material or acts shall be deemed to include: a. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including those between humans and animals; b. Patently offensive representations or descriptions of masturbation, fellatio, cunnilingus, excretory functions and lewd exhibition of the genitals. (3) Violation; Penalty: Each day's exhibition, display, distribution, or possession of any material in violation of this Section shall be deemed a separate and distinct offense, and except as otherwise specified, any person convicted of a violation of this Section shall be fined a sum not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisoned in the City Jail for a period not exceeding ninety (90) days or by both such fine and imprisonment for each day's violation. (Ord. 2818; 1-7-74; Eff. 1-16-74) i Y I .. . • Retail Licensees 314-16-130 Provided, however, That notwithstanding any other pro- (5) To permit any person to perform acts of or acts vision of Title 314 WAC, a Class H licensee may display which simulate: antique, unusual, or unique liquor bottles with or with- (a) Sexual intercourse, masturbation, sodomy, bestial- out liquor on the licensed premises if such bottles are ity, oral copulation, flagellation or any sexual acts which used as part of the decor, and any such bottles contain- are prohibited by law. ing liquor are locked securely in display cases, and are (b) The touching, caressing or fondling of the breast, I not for sale. buttocks, anus or genitals. (4) No person, including anyone acting as the agent (c) The displaying of the pubic hair, anus, vulva or for another other than a Class H licensee shall keep or genitals. possess any bottle or other container containing spiritu- (6) Subject to paragraph (5) herein, to permit enter- ous liquor which was purchased from the board at a tainers whose breast and/or buttocks are exposed to discount. view to perform elsewhere on the licensed premises ex- (5) All spirituous liquor in and on the licensed prem- cept upon a stage at least eighteen inches above the im- ises shall be made available at all times by every Class mediate floor level and removed at least six feet from 1 H licensee for inspection by the board, and such licensee the nearest patron. shall permit any authorized inspector of the board to (7) To permit any person to use artificial devices or make such tests or analyses, by spirit hydrometer or inanimate objects to depict any of the prohibited activi- otherwise, as the inspector deems proper. Such inspec- ties described above. tors are authorized to seize as evidence any bottles or (8) To permit any person to remain in or upon the Ii- other containers and the contents thereof which they censed premises who exposes to public view any portion have determined have been reused, refilled, tampered of his or her genitals or anus. with, adulterated, diluted, fortified or substituted. [Or- (9) To permit the showing of film, still pictures, elec- der 50, §- 314-16-110, filed 11/30/76, effective tronic reproduction, or other visual reproductions 12/31/76; Order 19, § 314-16-110, filed 8/10/72; Rule depicting: 26, filed 6/13/63.] (a) Acts or simulated acts of sexual intercourse, 1' masturbation, sodomy, bestiality, oral copulation, flagel- lation or any sexual acts which are prohibited by law. WAC 314-16-120 Conduct on licensed premises. (Rule 27). (I) No licensee, or employee thereof, shall be (b) Any person being touched, caressed or fondled onII disorderly, boisterous or intoxicated on the licensed the breast, buttocks, anus or genitals. premises, or on any public premises adjacent thereto (c) Scenes wherein a person displays the vulva or the - which are under the licensee's control, nor shall any li anus or the genitals. censee, or employee thereof, permit any disorderly, boil (d) Scenes wherein artificial devices or inanimate ob- terous or intoxicated person to be thereon; nor shall any jects are employed to depict, or drawings are employed licensee, or employee thereof, use or allow the use of to portray, any of the prohibited activities described profane or vulgar language thereon. above. (2) No licensee, or employee thereof, shall consume (10) Nothing in this rule is intended to modify the liquor of any kind while working on the licensed premis provisions of RCW 66.28.080 concerning city or county es. (See WAC 314-16-050, Closing Hours.) [Order 53, dancing or music permits. § 314-16-120, filed 2/15/77, effective 3/18/77; Rule (11) Notwithstanding any of the provisions of this 27. filed 6/13/63.] rule, no licensee shall employ, use the services of, or permit upon his licensed premises, any entertainment or person whose attire or conduct is in violation of any city WAC 314-16-125 Suggestive, lewd and/or obscene or county ordinance. conduct on licensed premises. The following acts or con- (12) The occurrence of any of the above acts or con- duct on licensed premises are prohibited: duct, whether permitted on the part of a licensee or his (1) To employ or use any person in the sale or service employees or agents or any other persons under the con- of alcoholic beverages in or upon the licensed premises trol or direction of the licensee or his employees or while such person is unclothed or in such attire, costume agents, shall constitute good and sufficient cause for or clothing as to expose to view any portion of the breast cancellation of license privileges. below the top of the areola or of any portion of the pubic (13) If any provision of this rule or the application hair, anus, cleft of the buttocks, vulva or genitals. thereof to any person or circumstances is held invalid, (2) To employ or use the services of any hostess or such invalidity shall not affect other provisions or appli- other person to mingle with the patrons while such host- cation of the rule which can be given effect without the ♦, ess or other person is unclothed or in such attire, cos- invalid provision or application, and to this end the pro- tume or clothing as described in paragraph (I) above. visions of this rule are severable. [Order 34, § 314-16— (3) To encourage or permit any person on the licensed 125, filed 6/24/75.] premises to touch, caress or fondle the breasts, buttocks, ar.us or genitals of any other person. WAC 314-16-130 In transit stamps. No retail li- (4) To permit any employee or person to wear or use censee shall sell, remove, receive, purchase, possess or are device or covering, exposed to view, which simulates aid in the sale, removal, receipt or purchase of beer in t}e breast. genitals, anus, pubic hair or any portion any package, barrel or container with "in transit" t-e-eof. stamps affixed thereon. [Rule 28, filed 6/I3/63.] AfVOOr. —trig '-'✓ lV OF R4, 4$wY THE RENTON CITY COUNCIL MUNICIPAL BUILDING • 200 MILL AVENUE SOUTH • RENTON, WASHINGTON 9805540 235-2586 • 0 1 �r co. Ck 0,9�TF0 SEP1 1- February 10, 1981 NOTICE OF PUBLIC MEETING PLANNING & DEVELOPMENT COMMITTEE RENTON CITY COUNCIL DATE: March 5, 1981 TIME: 4:30 P.M. PLACE: Sixth Floor Conference Room Municipal Building 200 Mill Avenue South Renton, Washington PURPOSE OF MEETING The Renton City Council ' s Planning & Development Committee will review the subject of adult entertainment land uses. Representatives from the general business community and interested citizens are invited. The meeting will be informal . Input may, be given orally or in writing. If you have any questions, please phone the Council secretary at 235-2586. Randy Rockhill , Chairman Planning & Development Committee cc: Planning Department Planning Commission Police Department • City Attorney �F Planning & Development Committee Meeting Adult Entertainment Land Uses March 5, 1981 4:30 pm MAILING LIST Marge Richter Pastor Lester Merchant's Association Renton Lutheran Church 300 Meadow Avenue North 2nd & Whitworth Renton Chamber of Commerce P.T.S.A. Council President 300 Rainier Avenue North Charlotte Kedley P. 0. Box 2767 235-1428 The Record Chronicle Greg Anderson P. O. Box 1076 Renton School Board (5 members) 435 Main South Attention: Dinah Cinema 1 and 11 Renton Village League of Women Voters Marlene Bennett Renton Theater 1716 Jones Drive S.E. 507 South 3rd 255-4455 Roxy Theater A.A. R. P. 504 South 3rd Renton Senior Citizens ' Center 211 Burnett North c• Renton City Council 2/9/81 Page 3 Old Business - Continued Community on ways to supplement that project with additional funds , Services possible using unspent 1978 block grant funds. MOVED BY REED, Continued SECOND HUGHES, CONCUR IN COMMITTEE REPORT. CARRIED. Committee of Council President Stredicke submitted committee report recommend- the Whole ing the the City Utility Rate Study be retained in Committee of Utility Study the Whole. Council Salary The committee recommended concurrence in the recommendation of Study the Council Salary Evaluation Committee to increase the monthly salary of the next elected Council Members to $550 per month. MOVED BY TRIMM, SECOND HUGHES, CONCUR IN RECOMMENDATION. CARRIED. Metro Rate The committee recommended concurrence in the Utilities Department Increase recommendation to increase the Metre rate charges from 53.90 to $4.50 per month. The committee recommended referral to the Ways and Means Committee for proper ordinance. MOVED BY STREDICKE, SECOND HUGHES, CONCUR IN COMMITTEE REPORT. CARRIED. (See Ordi- nances adopted) Aviation Aviation Committee Chairman Stredicke submitted committee report Committee explaining meeting with officials of the New World Restaurant Sunbird Corp. and Specialty Restaurant Corp. and discussed the assignment Restaurant of lease to the New World Restaurant for Sunbird Restaurant on Sub-Lease Renton Municipal Airport . Specialty Restaurant Vice President Hoover has agreed to extend letter of guarantee to 1986. The committee recommended acceptance of the assignment of the lease to New World Restaurant Corp. subject to filing of the letter of guarantee and resolving. the present billing status with the Finance Department . The committee also recommended approval of notification of the Washington State Liquor Control Board of the new status of the Sunbird Restaurant . MOVED BY STREDICKE, SECOND REED, CONCUR IN COMMITTEE REPORT. CARRIED. Council President Stredicke noted for clarification to Liquor Control Board that lease assignment and transfer approved, not the expansion of the cocktail lounge. Airport Aviation Committee Chairman Stredicke submitted letter from Liability Fancher Flyways, Airport fixed base operator, G.Wirz, Pres. , that opposed expansion of the Sunbird Restaurant with "mechanical bull ' as not meeting objectives of first class restaurant; making expensive airport equipment (whicb; is relatively unprotected) at the mercy of inebriated individuals . Mrs. Wirz also called atten- tion to City' s legal liabilities on leased property when mechani - cal bulls have history of severe accidents. MOVED BY STREDICKE, SECOND REED, REFER MATTER OF LIABILITY TO THE CITY ATTORNEY' S OFFICE FOR RECOMMENDATION. CARRIED. Planning and Planning and Development Committee Chairman Rockhill reported Development that the public did not respond to notices of meeting on adult Adult entertainment land use. Rockhill rescheduled meeting for 3/5/81 Entertainment 4:30 p.m. for meeting with the public. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Member Hughes submitted committee report Committee recommending first reading for the following ordinances and sum- mary ordinances , suspension of rules and advancing ordinances to second and final readings: Ordinance #3507 An ordinance was read authorizing transfer and appropriation Traffic Grant of $11 , 100 Traffic Safety Grant (Federal/ Indirect) unto Traffic Appropriation Engineering Division. MOVED BY HUGHES, SECOND ROCKHILL, SUSPEND RULES AND ADVANCE ORDINANCE TO SECOND READING. CARRIED. Follow- readings , it was MOVED BY HUGHES, SECOND ROCKHILL, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. (See later resolution. ) OF RtA [ctc1 A �y Q ° THE RENTON CITY COUNCIL Z > o MUNICIPAL BUILDING • 200 MILL AVENUE SOUTH • RENTON, WASHINGTON 98055• 235-2586 0 IMOD *, ? 90 (o' 0,,,-1t60 SEW( January 29, 1981 NOTICE OF PUBLIC MEETING PLANNING AND DEVELOPMENT COMMITTEE RENTON CITY COUNCIL DATE: February 5, 1981 TIME: 4:30 P.M. PLACE: Sixth Floor Conference Room Municipal Building 200 Mill Avenue South Renton, Washington PURPOSE OF MEETING The Renton City Council ' s Planning and Development Committee will review the subject of adult entertainment land uses. Representatives from the general business community and interested citizens are invited. The meeting will be informal . Input may be given orally or in writing. If you have any questions, please phone the Council secretary at 235-2586. Randy Rockhill , Chairman Planning and Development Committee cc: Planning Department Planning Commission City Attorney Police Department too Planning and Development Committee Meeting Adult Entertainment Land Uses February 5, 1981 4:30 pm MAILING LIST Marge Richter Merchant's Association Marge' s Gift Box 1008 South 3rd Street Renton, WA 98055 Renton Chamber of Commerce 300 Rainier Avenue North Renton, WA 98055 The Record Chronicle Greg Anderson P.O. Box 1076 Renton, WA 980-5 Cinema I and II Renton Village Renton, WA 98055 Renton Theater 507 South 3rd Renton, WA 98055 Roxy Theater 504 South 3rd Renton, WA 98055 pec. iR C OF 124, v ai t o THE CITY OF RP-+:ITTT'ON �t� " ' 7 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 913055 pc BARBARA Y. SNINPCCH, MAYOR 0 O P 9'4tO CCF1 "- December 3, 1980 • Planning Commission Municipal Building Renton, Washington Dear Planning Commission Members : No one wants the subject: "Adult Entertainment Land Uses." (The title should win a prize for obscure euphemisms. ) I was not surprised that Council referred the matter to you on the off chance that you would consider it a location/zoning problem. When the complaint about alleged pornographic material in a local store came to my office, I thought , ''Aha ! The Planning Commission has this issue; I ' ll pass it along to them." You did the appropriate thing, in my opinion, remanding this to the elected officials. We have the ultimate responsibility to walk that very narrow path between protecting the public and interfering in their right to make their own moral decisions. Wish us luck. Sincerely, Barbara Y. Shinpoch Mayor BYS:h cc: Councilman Rockhill and Members of the Planning and Development Committee Gordon Ericksen RECEIVED • DEC3 1980 CITY OF RENTON iv • CITY COUNCIL III Dec, l I c/ ? f LA. I . Use By City Clerk's Office Only # AGENDA ITEM RENTON CITY COUNCIL MEETING • • SUBMITTING De t./Div./Bd./Comm. Planning Department/Commissio g December 1 1980 P For A enda .Of (Meeting Date) Staff Contact Gordon Y. Ericksen, Planning Dir., (Name) fi Agenda Status': SUBJECT: Planning Commission Letter; xxx Consent` RE: Adult Entertainment Land Uses Public Hearing } Correspondence Ordinance/Resolution Old Business Exhibits: (Legal Descr. , Maps, Etc. )Attach New Business Study Session A. Letter from Planning Commission Chairman Other B. C. Approval : Legal Dept. Yes No N/A xx COUNCIL ACTION RECOMMENDED: Referral to the Finance Dept. Yes No. N/A xx Planning and Development Committee Other Clearance FISCAL IMPACT: Expenditure Required $ N/A Amount $ N/A Appropriation- $ /N A Budgeted Transfer Required • SUMMARY information, (Background in o motion, prior action and effect of implementation) (Attach additional pages if necessary. ) Council Referral (September 8, 1980) to the Planning Commission. The Planning Commission has reviewed the subject matter and submits its response, see attached letter. PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. • TZ PLANNING COMMISSION o YIENTON, WASHINGTON z .. . ,•' MUNICIPAL HUILDthG 0 REN TON. WASHINGTON 9B055 G1 235.2550 N,. D,Q�r f0 SEPS- q- November 24, 1980 Renton City Council Municipal Building Renton, Washington 98055 RE: ADULT ENTERTAINMENT LAND USES Dear Council Members: The Planning Commission received and first considered your referral on adult entertainment "land uses" at its regular meeting on September 10. At that meeting, the Commission referred the matter to its Special Studies Committee for investigation and report back. The Special Studies Committee initially met with Dan Kellogg, Assistant City Attorney, who explained the Council's referred item. The Committee members considered various options open to the committee and to the Commission. After looking at said options, it was unanimously decided by the Committee to refer the matter back to the full Commission with the recommendation that the Commission, in turn send the question of adult entertainment back to the Council for further action as it deems necessary. The Commission met at its regular meeting of November 12, and concurred in the Committee's recommendation. The Commission, at this time, has before it many matters which it feels are of great importance and urgency. The Commission, therefore, respect- fully suggests that the referred subject matter could best be handled by a Council committee and a citizen's committee appointed by the Council and reporting directly to the Council for the specific purpose at hand. The Commission also feels that most of the facets involving adult enter- tainment are not within the purview of the Commission, except perhaps in some later review of the zoning ordinance. The overriding consensus is that the Commission is overburdened with priorities which the `r Commission feels are in need of immediate action. Renton City Council RE: Adult Entertainment Land Uses November 24, 1980 Page Two The Commission notes that the following pressing physical land use issues must be studied with the most expeditious speed possible (some of which obviously require lengthy time and study) : 1. The Northeast Quadrant review of the comprehensive plan now under way and which will continue for eight or more months. 2. The Central Area study encompassing the downtown business district, South Renton, North Renton, Earlington, West Hill and Skyway, which likewise is under way and will continue for eight to ten months. 3. The Shoreline Master Plan which, by law, requires periodic review and update. 4. Review of the Green River Valley comprehensive plan. 5. Review of the comprehensive plan relating to mobile home parks. 6. Review of the parking and loading ordinance. 7. Review of the PUD ordinance. As you can see, the Planning Commission schedule is very full. The Commission regrets its inability to handle the Council referral at this time based on the above urgent priorities. Respectfully, Michael G. Porter Chairman, Renton Planning Commission MGP:ms 40 cc: Mayor Shinpoch City Attorney Renton City Council 12/1/80 Page 2 Ordinance #3486 Ways and Means Committee Chairman Clymer presented ordinance 1981 Budget adopting the annual budget for the year 1981 . Ordinance was read listing total expenditures and receipts $38,055,204. MOVED BY CLYMER, SECOND HUGHES, ADVANCE ORDINANCE TO SECOND AND FINAL READING. CARRIED. Following readings, it was MOVED BY CLYMER, SECOND ROCKHILL, ADOPT ORDINANCE AS READ. ROLL CALL: 6-AYES: TRIMM, CLYMER, HUGHES, ROCKHILL, STREDICKE, REED; ONE NO: SHANE. MOTION CARRIED. Councilman Stredicke inquired as to the City's assessed valuation used for budget purposes and was advised by Finance Director Gwen Marshall that the 1981 budget was pre- City' s Assessed pared using assessed valuation of $1 ,444,000,000; telephone Valuation estimate as received from King County is $1 ,620,000,000. AUDIENCE COMMENT Robert Tjossem, 1313 Market St. , requested the matter of Clark Sunset Lift Rich, Inc. , Central Highlands Plaza Apartments Special Permit Station 077-80 Appeal and Planning and Development Committee report as Proposed delayed at the 11/10/80 Council meeting, be presented. Pending Moratorium information regarding the Sunset Lift Station was presented to and Bond Issue Council by Public Works Director Gonnason (letter 11/24/80) . MOVED to Finance HUGHES, SECOND STREDICKE, THE SUNSET LIFT STATION LETTER BE Honey Creek REFERRED TO THE COMMITTEE OF THE WHOLE. CARRIED. Councilman Interceptor Trimm announced meeting 12/11 7:30 p.m.; Tjossem invited to attend . Continued James Dalpay, 1030 N. 38th, inquired re Public Works Director Gonnason memo of 11/24/80 regarding Sunset Lift Station and proposed moratorium, noting his pending building permit. Council President Trimm invited Dalpay to the 12/11/80 meeting. Council- man Rockhill noted four properties recommended as allowable connec- tions to the lift station as permit applications in process. CONSENT AGENDA The following items are adopted by one motion which follows those business matters included. Talbot Hill and Letter from the Park Department requested extension of time Tiffany Park on Fryer-Knowles, Inc. tennis court contract to June 15, 1981 , Tennis Courts as good weather is essential to complete the project. The CAG 043-80 letter noted Talbot Hill Reservoir court completed; Tiffany Park tennis court will be leveled and finish applied upon sufficient good weather to allow completion. The letter noted City will retain 10% of money due contractor until contract completed. Concur. Maplewood Letter from Burnell Holm, President of the Maplewood Addition Addition Water Water Coop requested hooking into Renton' s water system on an Cooperative emergency use requirement only. The letter stated the Coop serves 140 homes , is adjacent to City, has two wells with more capacity than needed. Refer to the Utilities Committee and the Public Works Department. Appointments Letter from Mayor Shinpoch announced appointment of the following ERC Committee persons to comprise the Environmental Review Committee: Ronald G. Nelson, Building Director; Gordon Y. Ericksen, Planning Direc- tor; Warren C. Gonnason, Public Works Director. Council concur. Adult Letter from Planning Commission Chairman Michael Porter acknow- Entertainment leged consideration of Council referral of adult entertainment Land Uses land uses by its Special Studies Committee. The Commission concurred in the recommendation of the Committee to refer the matter back to the Council for further action, suggesting Council Committee and citizens' committee. The letter stated the Com- mission is overburdened with priorities in need of immediate action and regretted inability to handle the referral . Refer Adult Entertainment Land Uses to the Planning and Development Committee. Bid Opening City Clerk Mead reported bid opening 11/26/80 Water Project #611 , Water Project East Perimeter Road water main extension; 12 bids received. See attached tabulation. Refer bids to Utilities Committee. Consent Agenda MOVED BY TRIMM, SECOND CLYMER, ADOPT THE CONSENT AGENDA. CARRIED. Approval PLANNING COMMISSION • RENTON, WASHINGTON imoR nMUNIUt'A; ftUILD•ti„ • REN TOT. WASHINGTON 99055 • 235•2 SS0 O -. O•QQTfO SEP1 ' November 24, 1980 Renton City Council Municipal Building Renton, Washington 98055 RE: ADULT ENTERTAINMENT LAND USES Dear Council Members: The Planning Commission received and first considered your referral on adult entertainment "land uses" at its regular meeting on September 10. At that meeting, the Commission referred the matter to its Special Studies Committee for investigation and report back. The Special Studies Committee initially met with Dan Kellogg, Assistant City Attorney, who explained the Council's referred item. The Committee members considered various options open to the committee and to the Commission. After looking at said options, it was unanimously decided by the Committee to refer the matter back to the full Commission with the recommendation that the Commission, in turn send the•,question of adult entertainment back to the Council for further action as it deems necessary. The Commission met at its regular meeting of November 12, and concurred in the Committee's recommendation. The Commission, at this time, has before it many matters which it feels are of great importance and urgency. The Commission, therefore, respect- fully suggests that the referred subject matter could best be handled by a Council committee and a citizen's committee appointed by the Council and reporting directly to the Council for the specific purpose at hand. The Commission also feels that most of the facets involving adult enter- tainment are not within the purview of the Commission, except perhaps in some later review of the zoning ordinance. The overriding consensus is that the Commission is overburdened with priorities which the Commission feels are in need of immediate action. { I Renton City Council RE: Adult Entertainment Land Uses November 24, 1980 Page Two • The Commission notes that the following pressing physical land use issues must be studied with the most expeditious speed possible (some of which obviously require lengthy time and study) : 1. The Northeast Quadrant review of the comprehensive plan now under way and which will continue for eight or more months. 2. The Central Area study encompassing the downtown business district, South Renton, North Renton, Earlington, West Hill and Skyway, which likewise is under way and will continue for eight to ten months. 3. The Shoreline Master Plan which, by law, requires periodic review and update. • 4. Review of the Green River Valley comprehensive plan. 5. Review of the comprehensive plan relating to mobile home parks. 6. Review of the parking and loading ordinance. 7. Review of the PUD ordinance. As you can see, the Planning Commission schedule is very full. The Commission regrets its inability to handle the Council referral at this time based on the above urgent priorities. Respectfully, Michael G. Porter Chairman, • :teaton Planning Commission MGP:ms cc: Mayor Shinpoch City Attorney Oct, L5 I 1 Renton City Council 10/13/80 Page 4 OLD BUSINESS - Continued Ways and Means Ways and Means Committee Chairman Clymer presented committee Committee report recommending approval for payment of Vouchers No. 30294 Voucher Approval through No. 30558 in the amount of $488,687.04 having received departmental certification as to receipt of merchandise/services. (Vouchers No. 30289 - 30293 were machine voided. ) ORDINANCES AND RESOLUTIONS Ways and Means The Ways and Means Committee Chairman Clymer presented committee Committee report recommending first reading, suspension of rules and advancement to second and final readings of an ordinance for appropriation and transfer of funds in amount of $68,000 for three Emergency Medical Technician salaries. Following first Ordinance #3474 reading, it was MOVED BY CLYMER, SECOND SHANE, SUSPEND RULES AND Appropriation and ADVANCE ORDINANCE TO SECOND AND FINAL READINGS. CARRIED. Transfer of Funds An ordinance was read for transfer of $68,000 from the Current Fund Unanticipated Revenue (EMS Tax Levy Funds) to Current Fund Fire Supression (Salaries for 3 EMT's) . ROLL CALL: ALL AYES. CARRIED. Resolution #2364 The Ways and Means Committee recommended reading and adoption _ Fund Transfer of the following resolutions : A resolution was read authorizing transfer of $250,000 from the South End Fire Station Construction Fund to the South End Fire Station Construction Fund for Salaries and Wages, Operating Supplies and Land, machinery and equipment, and South End Fire Station Construction. MOVED BY CLYMER, SECOND HUGHES, ADOPT THE RESOLUTION AS READ. MOTION CARRIED. Resolution #2365 A resolution was read for transfer of $68,000 from Fire Suppression Fund Transfer Salaries unto Fire Suppression Aid Supplies, Fire Suppression Machinery and Equipment and Fire Suppression/South End Fire Sta- tion Construction. Councilman Stredicke noted for the record his opposition to this and previous resolution and Committee Chairman Clymer, Mayor Shinpoch and City Attorney explained the tax funds had been anticipated, placed in the budget, that upon receipt of the tax levy funds for the EMT salaries they must be transferred into expending account and the City's funds are beina transferred to proper accounts.MOVED BY CLYMER, SECOND HUGHES, ADOPT THE RESOLU- � e TION AS READ. ROLL CALL: 4-AYE: CLYMER, HUGHES, ROCKHILL AND Io. .�`" S 14 CKE; 3-NO: TRIMM, STREDICKE AND SHANE. MOTION CARRIED. Resolution #2 66 A resolution was read approving the final plat FP 068-80 of Canyon Final Plat Oak - Swanson Dean Corporation located along the east side of Canyon Oak Kennewick Pl . NE between NE 30th St. and the old Pacific Coast RR right-of-way. MOVED BY CLYMER, SECOND ROCKHILL, ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2367 A resolution was read authorizing transfer of $7,925 from the Fund Transfer Contingency Fund to Current Fund/Civil Service Commission for Civil Service physical and psychiatric exams for new hires. MOVED BY CLYMER, SECOND HUGHES, ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2368' A resolution was read declaring a 120 day moratorium on the Moratorium licensing of businesses selling or showing sexually explicit Licensing of materials , containing automatic extention of 90 days should Adult pending Planning Commission report. MOVED BY STREDICKE, SECOND Entertainment CLYMER, ADOPT THE RESOLUTION AS READ. CARRIED. NEW BUSINESS Councilman Shane requested from the Mayor 's Office, a break down Services Rendered on tax monies from the City to King County and services by the by County - County to City residents, also inquirying of services no longer Inquiry rendered over the past 10 years . Building Councilman Stredicke called attention to Committee of the Whole Department approval and it was MOVED BY TRIMM, SECOND BY STREDICKE, THAT THE COUNCIL AUTHORIZE SEPARATION OF THE BUILDING DEPARTMENT FROM THE PUBLIC WORKS DEPARTMENT AND THE MATTER BE REFERRED TO THE WAYS AND MEANS COMMITTEE SO THAT THE CITY ATTORNEY MAY PREPARE APPROPRIATE LEGISLATION. CARRIED. Uc# 43 `rO RESOLUTION NO. 2368 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A MORATORIUM ON THE LICENSING OF BUSINESSES SELLING OR SHOWING SEXUALLY EXPLICIT MATERIALS WHEREAS the City of Renton is a residential city with a discreet business area; and WHEREAS the residential areas and the business areas, in all instances , are located in close proximity to one another; and WHEREAS sexually explicit material , including books, magazines , pictures , and movies, whether sold, rented, or showed on premises , may legitimately be controlled by a municipality, either through gathering in one location, or separating from other uses which will be inordinately impacted by the sale, rental. or showing of sexually explicit materials; and WHEREAS the City of Renton does not, at the present time, have any business whose primary purpose is the sale, rental , or showing of sexually explicit materials; and WHEREAS the subject matter has been referred to the Planning Commission of the City of Renton for study and report back; and WHEREAS the establishment of a business which, as its primary purpose, sells, rents, or exhibits sexually explicit material would have a severe impact upon surrounding businesses and residences : NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON DO RESOLVE AS FOLLOWS: 1. The above findings are found to be true and correct in all respects . 2. There is hereby established a moratorium against the granting of any business license to any business to be established within the City Limits of the City of Renton, which business has as its primary purpose the selling, renting or showing of sexually explicit materials. Such moratorium shall be in effect for the period of one hundred twenty ( 120) days, but shall be automatically extended for a period of further ninety (90) days , should a report and recommenda- tion from the Renton Planning Commission not be received by the Renton City Council , and acted upon by the Council , within such time period. -1 • - 3. Definition. For the purpose of this Resolution sexually explicit materials shall be those materials which show, portray, describe or otherwise primarily relate to sexual intercourse, or excretory functions , or which portray or show male or female genitalia , the breasts, anus , buttocks, and which are primarily intended to appeal to the erotic interest, whether or not the same could be defined as obscene or not. PASSED BY THE CITY COUNCIL this 13th day of October, 1980. Delores A. Mead, City Cerk APPROVED BY THE MAYOR this 13th day of October, 1980. 1ivr.. Barbara Y. Shinpoch, Mayor Approved as to form: Lawrence J. Warren, City Attorney PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT SEPTEMBER 8, 1980 REGULATION OF ADULT ENTERTAINMENT LAND USES (referred 6/23/80) The Planning and Development Committee has considered the question of regulation of adult entertainment land uses and recommends that the City Council refer the matter to the Planning Commission for consideration at the earliest possible date. The Committee recommends that the Planning Commission be directed to hold public hearings at the earliest possible date on the subject of possible amendments to the Comprehensive Plan and amendments to the Zoning Code as may be desirable to regulate adult entertainment land uses within the City of Renton. Randy Rpckhill , Chairman Earl Clymer 11 John Reed P' 1 41 • Renton City Council 9/8/80 Page 2 CONSENT AGENDA The following items are adopted by one motion which follows those business matters included : Proclamation Mayor' s Proclamation for Rape Awareness Week,September 22-29, 1980. Council Concurred. Housing Authority Request from Housing Authority for City reaffirmation of HUD Reaffirmation of Cooperation Agreement. Council concurrence and authorization HUD Agreement for Mayor and City Clerk to execute requested affirmation. - Appointment Mayor' s appointment of Mrs . Virginia Houser to the Planning Commission to complete the term of Mr. James Breda, who has resigned. Mrs. Houser' s term will be effective through June 30, 1982. Refer to Ways and Means Committee. Utility Bill Finance Department request for new location of collection station Collection for payment of utility bills and authorize agreement with Bartell ' s . Station Concur and authorize Mayor and City Clerk to sign. Claim for Damages Claim for Damages , James N. Feltrin, alleged damage to house when James N. Feltrin water table was lowered. Refer to City Attorney and Insurance - Carrier. Request for Letter from William S. Tsao request for latecomers agreement Latercomer' s NE 4th, west of Union Ave. NE. Michael R. Mastro' s 224 unit Agreement - Tsao apartments. Refer to Utilities Committee and Public Works Department . Consent Agenda MOVED BY TRIMM, SECOND' SHANE, ADOPT THE CONSENT AGENDA AS Adopted PREPARED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Surplus Equipment Letter was read from Finance Department for notification of Auction surplus equipment auction to be held September 20, 1980 at Sept. 20, 1980 10:00 a.m. at the City Shops located at 1st No. and No. Williams Ave. OLD BUSINESS Boeing Lease Councilman Stredicke reported Transportation Committee agreement with Boeing for a new airport lease agreement for a term of 45 years and 10 a foot - action next week. Planning and Planning and Development Committee Chairman Rockhill presented Development Committee committee report recommending no action be taken regarding Structures on structures on docks. MOVED BY CLYMER, SECOND ROCKHILL TO CONCUR Docks IN THE COMMITTEE RECOMMENDATION. CARRIED. Parking and Loading Planning and Development Committee report recommended revision Ordinance Revision to Section 4-2209-5.b (5) re Parking and Loading of "plans must be submitted with any application for building permit , and no such building permit shall be issued until the landscape planting plan has been approved by the Planning Department"; also refer to Ways and Means Committee for ordinance. MOVED BY ROCKHILL, SECOND CLYMER, TO CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Adult Entertainment Planning and Development Committee report recommended referral Land Uses of matter re regulation of adult entertainment land uses to the Planning Commission for consideration at the earliest possible date and hold a public hearing for possible amendments to the Comprehensive Plan and zoning code. MOVED BY ROCKHILL, SECOND REED, TO CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Voucher Approval Ways and Means Committee report recommended approval of vouchers No. 29946 to No. 30115 in the amount of $231 ,038.63. (Voids #29941 - #29945) . LID 312 Revenue Warrant #R-6 $14,246.86. MOVED BY CLYMER, SECOND TRIMM, TO CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Renton City Council 6/23/80 Page 3 Consent Agenda - Continued Proposed Letter from Public Works Department presented petition for Water line proposed water main construction by Local Improvement District LID in the vicinity of NE 27th St. and Edmonds Ave. NE. Refer to the Board of Public Works and the Utilities Committee to determine the boundary line. Concur. Consent Agenda MOVED BY SHANE, SECOND TRIMM, APPROVE THE CONSENT AGENDA AS Approval PRESENTED. CARRIED. OLD BUSINESS Community Services Community Services Committee Chairman Reed presented committee Committee report that recommended a moratorium be placed on all land Renton Valley fill activity in the Renton Valley from SW 30th north to SW 16th Land Fill and from SR-167 west to the Burlington Norther Railroad tracks. Moratorium The report stated the intent applies to all new and/or those land fill permits which might be renewed. Moved by Reed, Second by Stredicke, Council concur in recommendation. Upon advice from the City Attorney, it was MOVED BY CLYMER, SECOND REED, AMEND THE MOTION TO PLACE A MORATORIUM ON THE RENTON VALLEY FROM SW 30th NORTH TO SW 16th AND FROM SR-167 WEST TO THE BURLINGTON NORTHERN RAILROAD TRACKS FOR 120 DAYS FOR THE PURPOSE OF STUDY OF DRAINAGE, PRESERVATION OF WILD LIFE AND PUBLIC WELFARE; AND TO REFER TO THE WAYS AND MEANS COMMITTEE FOR RESOLUTION. CARRIED. Group Homes The Community Services committee report recommended that the subject of group homes in residential areas be referred to Planning and Building Departments for report and recommendation on existing ordinance. The report further recommended that a public hearing be held at which time reports and recommenda- tions be presented. MOVED BY REED, SECOND SHANE, CONCUR IN THE REPORT. CARRIED. MOVED BY REED, SECOND SHANE, REFER THE MATTER TO THE WAYS AND MEANS COMMITTEE FOR RESOLUTION IF REQUIRED. CARRIED. r , Areas of Location( MOVED BY STREDICKE, SECOND TRIMM, THE SUBJECT OF ADULT BOOK- Adult Films, etc.' sSTORES, FILMS AND NOVELTY SHOPS BE REFERRED TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Mosquito Councilman Stredicke inquired regarding spraying for mosquitoes Spraying in the Talbot area and was advised by Mayor Shinpoch that the delay was due to legal advice, notice to residents and spraying now to proceed with proper weather conditions; funds and man power are available. Stredicke noted need for proper timing. Association Councilman Hughes announced attendance at the Association of of Washington Washington Cities Conference in Olympia and explained benefits Cities to attendees from exchange of information, especially from the round table discussions. Hughes noted complaint on the environ- mental impact system when the process was misused for delay or stalling tactic beyond reasonable investigation. Ways and Means Ways and Means Committee Chairman Clymer presented committee Committee report that recommended concurrence in the Mayor ' s appointment Appointment of Paul Maxin to the Planning Commission for a three-year term Confirmed effective through 6/30/83. MOVED BY TRIMM, SECOND CLYMER, COUNCIL CONCUR. CARRIED. Mayor Shinpoch introduced Paul Maxin and noted he had previously served as Councilman prior to the City becoming Optional Municipal Code city. Reappointment The Ways and Means Committee recommended concurrence in the Planning Mayor' s reappointment of Joan Walker to the Planning Commission Commission for a three-year term effective through 6/30/83. MOVED BY CLYMER, SECOND ROCKHILL, CONCUR IN THE APPOINTMENT. CARRIED. Antitrust Laws The committee report noted new developments relating to the antitrust laws, and recommended elimination of the monopolies 1'1 on both taxicab and pawnbroker licenses. The report also recom- mended referral back to the Ways and Means Committee for amending ordinances. MOVED BY CLYMER, SECOND TRIMM, CONCUR AND REFER THE MATTER BACK TO THE WAYS AND MEANS COMMITTEE, CARRIED. 1647 Y-i - ergD OF R4� ,. -� . 0 THE CITY OF RENTON . . v MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 BARBARA Y. SHINPOCH, MAYOR O9A k `O- 0,9gt�Q SEPT • G OAP MEMORANDUM n TO: Council President Tom Trimm DATE: May 22, 1980 FROM: Mayor Shinpoch Our Hearing Examiner has made a suggestion I believe has merit which • ' Council may wish to pursue. • In view of the difficulties some cities have had re-doing their zoning or other ordinances (AFTER an adult theater, bookstore, film and/or. .novelty shop, etc. , has obtained a business license) to respond to the public outcry, it might be to our community's benefit to anticipate this type of business and pass legislation, or state a Council policy, which would designate non-acceptable enterprises/localities. This way Council would not be in a position of reacting but, rather, . of careful preparedness. You would, of course, need advice from our 1 attorneys, but I thought it might be worth your consideration. Barbara Y. Shinpoch, Mayor BYS:hh cc.: All Council Members • • I x°tea p�� y ! e,�.C<<„eCL.�.ti v • MAY221980 • I il r)+i r:f 1_ REt'i vi J \"'A