By: NICOLAS FIERRO
Salina Post
After over a year and a half long case of the iconic UFO-themed mural that was put on hold at the Cozy Inn in Salina, the case has been decided.
ORIGINAL: Cozy Inn phone conference cancelled, awaiting update on what will happen next
The Kansas Justice Institute (KJI) who have been representing Cozy Inn owner, Steve Howard, has just announced that U.S. District Court Judge Toby Crouse, has ruled that the City of Salina violated the First Amendment by ordering the hamburger joint to stop painting its UFO-themed mural, marking a major legal victory for the century-old burger restaurant.
Samuel MacRoberts (attorney representing Howard), confirmed the case is final and Howard won the case.
According to a press release by the KJI, McRoberts stated "Salina’s officials don’t get to play art critic, picking and choosing which murals stay, and which go."
Click here to view the full release.
“The ruling is clear, to the point, and correct. Salina’s officials don’t get to play art critic, picking and choosing which murals stay, and which go. The right to free speech doesn’t work that way and never has. At the end of the day though, because of Steve and The Cozy, Salina’s mural-scene just got a little bit better,” MacRoberts said.
“Salina is my hometown, I love it here,” said Howard. “I’m incredibly excited I get to finish my mural. The reason I love this community, this town, is because of all of the support everyone has given me. Thank you for standing behind me and supporting me through this."
Throughout the case, Judge Crouse stated Salina has shown that its sign ordinance is not "impermissibly vague."
This warranted a summary judgment in Salina’s favor on the plaintiffs’ Fourteenth Amendment claim, after Howard and Cozy Inn alleged that Salina’s sign code "is impermissibly vague" in violation of the Fourteenth Amendment’s Due Process Clause.
However, Judge Crouse's final ruling was that Salina’s code violated the First Amendment, giving favor over to the Cozy Inn.
A per the ruling, the City cannot anymore enforce its current mural-sign distinction or indefinitely delay permit applications based on the content of a display.
Howard, filed the lawsuit with help from KJI in early 2024.
According to a press release from the the City of Salina, they are working with its attorneys to "evaluate the broader implications of the court’s order and potential next steps towards resolution of the matter."
This lawsuit has cost the City more than $500,000 in legal expenses.
There is no clear answer on if the City will appeal the ruling.
Click here to read how it all started.