A narrative drawn from court records and local newspaper reports
In 1932, Edward Osmond Briles managed the Lyric Theater in Emporia, Kansas—a small, modestly profitable picture house trying to survive the Great Depression. Moviegoing was one of the few affordable entertainments left, and Sunday had quietly become the most popular day for theaters across Kansas. All around Emporia—little towns throughout the region—Sunday films played without incident. But Emporia held fast to its blue laws, a set of ordinances forbidding unnecessary labor and commercial activity on the Sabbath.
For months, Briles watched potential customers leave town on Sundays, heading to places where theaters were open. He believed these old restrictions hurt small businesses—and Emporia’s economy—and he finally decided it was time for a test.
Sunday, September 10, 1933 — The Test Case Begins
On Saturday, Briles publicly announced that the Lyric would open the next day. “We probably will be arrested,” he said, noting that he was acting on advice from his attorney and was determined to “go to bat on the question.” Emporia, he believed, needed Sunday shows again. 1933-Arrests-courts-Edward-Osmo…
At 2:00 p.m. Sunday, he opened the doors.
Police promptly entered the projection booth and found Briles himself running the projector. Miss Glennis Wasson sold tickets in the lobby. Both were taken to the police station. Briles posted $100 bond and returned to the theater.
Warned that every show would result in another arrest, he pressed on. Later that evening, officers again found the theater open. This time the bond was $200. Briles made no secret of his intentions: he wanted a legal ruling, and arrest was part of the plan. He skipped the scheduled 4:00 show only because officers told him another arrest awaited.
Thus began a ten-week standoff between a theater manager and the city.
Ten Consecutive Sundays — Arrests 1 through 15
Each Sunday brought the same pattern:
- Briles opened the Lyric.
- Police appeared, observed him or an employee working, and issued another arrest.
- Patrons continued to attend—even filling the theater on some weekends.
By early November, Briles had been arrested 13 and then 14 times, and soon after, 15 times in total, all for the same offense:
operating a motion picture theater, compelling employees to work, and selling tickets on Sunday, in violation of Emporia’s ordinances. 1933-Arrests-courts-Edward-Osmo…
He posted bond each time, often $200, and kept going.
The Police Court Convictions
Ten cases were tried in police court. Briles was convicted in each and fined:
- $25 for opening/operating the theater
- $25 for requiring employees to work
- $100 for selling merchandise (tickets)
Total per case: $150
Total for ten cases: $1,500 (though not all were enforced immediately due to appeals) 1933-Arrests-courts-Edward-Osmo…
Briles appealed to the district court. He believed that a higher court ruling might overturn Emporia’s ordinance or force a statewide reconsideration.
District Court Trial — November 13, 1933
Two cases—each containing three counts—were selected to represent the larger dispute.
Briles waived arraignment and pled not guilty.
A jury of 12 was sworn in.
At trial:
- The city presented evidence showing he had opened the Lyric and operated moving picture equipment on Sunday.
- They emphasized that Briles not only worked himself but also directed employees—ticket sellers, ticket takers, machine operators—to perform labor on the Sabbath.
- Briles called no witnesses and presented no evidence in his defense.
The jury deliberated and returned six guilty verdicts (three counts in each case).
The convictions exposed him to $300 in fines. 1933-Arrests-courts-Edward-Osmo…
The newspapers reported that Briles had hoped to take the issue to the Kansas Supreme Court—financial support from other theater operators had been promised but never came. Without such help, his attorney advised closing on Sundays rather than continuing the fight.
The City’s Argument for a Heavy Penalty
In a detailed motion, the city argued that:
- Briles had acted “willfully, deliberately, and intentionally.”
- He had operated shows all day, every Sunday—sometimes continuously from afternoon to night.
- Attendance was strong; some houses were full.
- Even at a conservative estimate of 300 tickets per Sunday, he earned about $30 per Sunday, or $300 total across the ten Sundays. 1933-Arrests-courts-Edward-Osmo…
Therefore, the city claimed, a fine must exceed the profit or it would be “no penalty at all.”
The city asked for a $300 fine plus costs, which would nullify any gain and deter others.
Briles’ Own Response — A Letter to the Editor
On November 21, the Emporia Gazette printed Briles’ heartfelt explanation:
- He insisted he had done nothing wrong.
- He stressed that people who enjoyed Sunday movies outnumbered those opposed.
- He noted that Emporia’s economy suffered as residents traveled elsewhere for entertainment.
- He felt that enforcement of the law was inconsistent and selective.
- He proposed a community-driven process similar to Fort Scott, where repeal depended on signatures from 51% of local taxpayers.
His tone was not defiant but disappointed—especially for the patrons who loved Sunday pictures. 1933-Arrests-courts-Edward-Osmo…
Sentencing — December 9, 1933
Briles appeared with his attorney.
The court found no reason to alter the jury’s verdicts.
He was adjudged guilty on all six counts in the two appealed cases and fined a total of $60, plus costs (a reduction from the $300 recommended at various stages). A handwritten note clarified the fine as $10 for each of the first two counts in each case—totaling $40—with additional costs bringing it to $60. 1933-Arrests-courts-Edward-Osmo…
After months of conflict, dozens of arrests, and an intense legal battle, the fight ended quietly. Briles agreed not to show Sunday movies while his motion for retrial was pending—and ultimately, the Sunday shows ceased.
A Snapshot of a Community Struggle
The story of E. O. Briles and the Lyric Theater was more than a dispute over fines:
- It reflected changing cultural expectations in the 1930s.
- It revealed divisions between traditional Sabbath observance and modern entertainment.
- It showed how local economies and Depression-era realities clashed with inherited laws.
- And it captured the courage (or stubbornness) of a small-town theater man willing to be arrested fifteen times to test the boundaries of community values.
For a few intense months in 1933, the Lyric Theater became the center of a civic debate—one that played out in courtrooms, newspapers, and the projection booth where Briles continued to thread film through the projector, determined to bring Sunday movies to Emporia.