By: NICOLAS FIERRO
Salina Post
After the special meeting and third consecutive executive session regarding the Cozy Inn ruling, The City of Salina is appealing the case.
Todd Messenger, representing the City gave statements as to why the City is appealing the case.
Purpose for appeal
The main reason is to provide clarify of the definition "signs", due to what the ruling stated from the US Court Judge, Toby Crouse.
As per the ruling it stated, "because the definition of sign is unlawful, Salina cannot make any determination whether a display is a mural or a sign, without violating the 1st Amendment."
During the executive sessions, the City of Salina's legal counsel met with Cozy Inn's legal counsel trying to resolve what were honest disagreements about what the memorandum order from the US Court stated.
After Tuesday's meeting, the City and Cozy Inn's legal counsel came to an agreement regarding to move forward with a "Notice of Appeal."
The appeal would provide clarity in the 10th Circuit Court of Appeals.
Case of "national significance"
"This is important in that it could provide clarity for plaintiffs," said Messenger. "This is now a case of national significance, not because of what is on the wall of the Cozy Inn, but because the definition of sign is something that is actually really important in terms of sign regulation. We need to know what it is if we are going to regulate it and we know there is a Supreme Court case that says we have 150 years of tradition in this country regulating signs, but we don't have a court case of what the constitutional definition of what the term sign is yet, so that is at stake with this case."
However, Messenger stated that Howard can complete the mural.
the City cannot regulate what is considered "murals," because they don't advertise to anything in particular.
Messenger added that if the appeal favors the City, then 180 days after the judicial proceedings are completed, Howard would then have to come into compliance with the City's code that is applicable at that time.
The attorney's fees and costs the City is paying for would be $100,000.
The cost of the appeal itself for the City, would be to not exceed $50,000.
In the case of an oral argument, it would either be held in Denver or Salt Lake City in front of 3-judge panel in the 10th Circuit Court of Appeals.
The 10th Circuit Court of Appeals has a mix of active and senior judges, covering states like Colorado, Wyoming, Utah, Kansas, New Mexico and Oklahoma.
Messenger stated this case could take somewhere between 18-24 months for resolution.
This comes after a press release from the City stating 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."
As 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.
This lawsuit has cost the City more than $500,000 in legal expenses.
"The hope is through the appeal process we achieve some clarity and hopefully vindicate the City's constitutional interest and its public art program," said Messenger. "We know that's important aspect of community culture in Salina and we hope that we can obtain a reversal of those important elements of this order to ensure the culture of Salina is allowed to continue as it has in the same direction."