SALINA, KS – The City of Salina is moving forward with a legal appeal following a federal court ruling that favored the historic Cozy Inn in a high-profile dispute over a mural. While the city plans to challenge the decision, an agreement reached Tuesday ensures the restaurant can finally complete its artwork in the interim.
The Conflict and the Court’s Ruling
The legal battle began in 2023 when the city ordered the Cozy Inn to halt work on a mural, claiming it violated local sign regulations. The Kansas Justice Institute filed a lawsuit on behalf of the restaurant, arguing that the city’s restrictive definition of signs—which specifically excluded murals—was unconstitutional.
In November, a federal judge agreed, ruling that Salina’s sign code was unlawful under the First Amendment.
A Costly Defense
During a city commission meeting on Tuesday, legal counsel Todd Messenger detailed the financial scope of the litigation. To date, the City of Salina has spent more than $500,000 defending its sign ordinances.
Despite the mounting costs, the commission approved a notice of appeal. The city’s legal team estimated that the appeal process would cost an additional $70,000.
Seeking National Clarity
The city’s decision to appeal is driven by a desire for long-term regulatory clarity. Messenger proposed an agreement, which the commission approved, that includes:
- Completion of the Mural: The Cozy Inn is permitted to finish the sign immediately.
- Compliance Measures: Should the city win the appeal, the restaurant may be required to bring the sign into compliance with updated codes.
- Legal Precedent: The city aims to seek a ruling that provides clear guidelines for murals and sign codes, not just for Salina, but for municipalities across the United States.
City officials stated the appeal is intended to protect Salina’s “public art culture” by establishing a firm, legally defensible framework for what constitutes a sign versus a work of art.
