By: Katie Butler
Amidst labor reforms churning in the late nineteenth and early twentieth centuries, another movement was making waves throughout the United States: moral reformation. Moral reform targeted vices thought to be causing the detriment of the family, alcohol being the one of the main focuses. The government worked to stave off the pressure of moral reformers through separation of certain acts from public view, control, and regulation. As moral reform swept through the U.S. it came for alcohol, gambling, and, of course, prostitution.
Fort Smith was not an exception to widespread reform. Fort Smith tended to keep up with major U.S. movements, even if it trailed a bit behind in its timeline. City laws paint a shifting picture as Fort Smith grappled with the consistent presence of prostitution and the call for reform.
Pre-1900 Legality
In the 1891 Digest of Ordinances, Sections 272-293 under “Morals,” prostitution is labeled as a “nuisance” within Fort Smith city limits, to be “abated by Chief of Police” when needed. Prostitution was an illegal act subject to fine. For men and women caught engaging in or soliciting prostitution, being caught meant a misdemeanor and a fine between $10 and $25. This, however, doesn’t mean prostitution was not happening in Fort Smith.
At the mercy of the judgement of the Chief of Police, brothels continued their work, paying fines when needed. The local government was essentially treating fines as payment for the presence of brothels, detaining madams nearly monthly and releasing them once fines were paid. The laws gave the illusion of a city trying to rid itself of prostitution, but brothels continued to be profitable.
1905: Ordinances 355 and 356
New ordinances passed in 1905 exerted more control in the moral matters of Fort Smith. While the presence of “houses of ill-fame” was still declared a nuisance, there was more detail added to the legality of participation in the act of prostitution. Now, it was blatantly declared:
It shall be a misdemeanor to do, or cause to be done, any of the following acts…To keep a house of ill-fame or assignation house, or to permit any house owned by him, her or them, under his, her or their control, to be kept for the purpose of prostitution; to be an inmate of a house of ill-fame, or to be found in such house for lewd purposes; or for any woman of the town or any prostitute to walk the streets after nine o’clock at night, without having any lawful business or without necessity therefor… (Section 1630, original spelling kept)
Still, business on the Row continued. Even as the brothels were being raided monthly for the sale of alcohol, they were paying their fines and going right back to business.
1907: Ordinance 760
Ordinance 760 was approved and passed on May 20th, 1907. Its purpose? “To regulate and suppress bawdy or disorderly houses, houses of ill fame, assignation houses, and prostitution in Fort Smith, Arkansas” (Sec. 283). While previous ordinances had a tone of restriction, suddenly regulation was emphasized, and it included a detailed layout.
By ordinance 760, prostitution became legal in Fort Smith, but was to be confined to the “district embraced between North ‘C’ Street on the North; the alley in Block No.s 2 and 3, City of Fort Smith, on the East; North ‘A’ Street on the South, and the Arkansas River on the West, and there only…” (Sec. 1). In other words, the Row was now the only place for legal prostitution. Using a house for prostitution, or engaging in prostitution, anywhere else in the city would result in a hefty fine and a misdemeanor charge (Sec. 5).
With this new regulation also came the implementation of permits, all of which had to be kept in clear view within the houses. Property owners were to pay $10 per month for a permit to use their houses for prostitution (Sec. 6). Keepers of houses had to pay $20 per month for their permits, while also providing names of each occupant. Occupants, or “inmates,” of houses also needed a $5 permit each before they could work (Sec. 9). Essentially, the money the city had been making from prostitution fines was now being made through permits.
Regulation also introduced city-enforced health exams. The Mayor would appoint a practicing physician to make bi-monthly examinations of both keepers and inmates of Row houses. The appointed physicians would report to the Chief of Police with the patients’ names, and the dates and results of their examinations. If the physician diagnosed a worker with a venereal disease or illness, they would inform both the Chief of Police and the house Keeper. The patient would then lose their certificate of health until they passed a health exam. To work without a physician’s approval was to risk losing the right to have a permit at all (Sec. 14).
Other regulations included requiring houses on the Row to build a fence around their properties, age restrictions on those permitted into the houses, and regulations on when, and in what clothes, keepers and inmates were allowed in town (Secs. 7, 8, 10). In section 11, it was initially written that the women would have to wear a scarlet “P” while in town; this section was crossed out before the ordinance was approved (see photo above).
After Legalization
Prostitution flourished in Fort Smith after legalization and continued strong until its downfall in 1924, a year that saw fines intensify and the act of prostitution, even on the Row, become a matter to extinguish rather than regulate once again. Despite this, prostitution in houses of assignation continued in Fort Smith in places like the Como Hotel into the 1980s. Whether restricted or regulated, in Fort Smith and the rest of the U.S., “the world’s oldest profession” continued on.
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“So long as society places the entire burden of sin upon the woman and excuses the man, there can be no real reform. If men were held to the same moral accountability as women, the demand for prostitution would diminish, and with it, the degradation of women.”
– Josie Washborn
The Underworld Sewer: A Prostitute Reflects on Life in the Trade, 1871-1909
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Special thanks to Shanna Jones for sharing her expertise for this blog post! Fort Smith ordinances are public record and can be found through the online Municode Library. If you’re interested in learning more, visit the Fort Smith Public Library, or better yet, stop by Miss Laura’s to hear all about the Brothel Museum’s history with Fort Smith laws. Questions are always welcome here.
Join us next month for another dive into the rich history of Fort Smith’s very own Brothel Museum. We hope to see you soon!