SALINE COUNTY—U.S. District Court Judge Toby Crouse ruled Wednesday that the City of Salina violated the First Amendment by ordering The Cozy Inn to stop painting its UFO-themed mural, marking a major legal victory for the century-old burger restaurant and free speech advocates, according to a media release from the Kansas Justice Institute.
Steve Howard, owner of the iconic burger joint filed the lawsuit, challenging the city's sign code in early 2024 after Salina officials told him to stop painting the mural. The Cozy has been a Salina institution for over a century, serving hamburgers from its small storefront since 1922.
On Wednesday, the Court issued its 35-page order on the parties’ motions for summary judgment, according to a statement from the city of Salina.
The Court agreed with the City and held that the challenged provisions of the City’s Sign Code are not unconstitutionally vague.
On the other hand, it also agreed with the Plaintiffs and held that the City’s definition of the term ‘sign’ violates the First Amendment, and consequently that ‘Salina cannot make any determination as to whether a display is a mural or a sign without violating the First Amendment.’
The City is working with its attorneys to evaluate the broader implications of the Court’s Order and potential next steps towards resolution of the matter