By NATE KING
Salina Post
The City of Salina has spent $538,791 in legal fees related to the ongoing case involving the Cozy Inn, according to Interim City Manager Jacob Wood. The case, which revolves around a dispute regarding artwork on the iconic 103-year-old establishment, has yet to go to trial but has involved multiple legal proceedings.
Wood stated that the city’s legal team, Fairfield and Woods, P.C., a Denver-based law firm specializing in sign and mural-related cases, has been handling the matter as Pro Hac Vice counsel. According to the firm’s engagement letter with the city, attorneys Michael W. McConnell and Todd Messenger are representing Salina in the lawsuit. McConnell's billing rate is $400 per hour, while Messenger's rate is $485 per hour. Other attorneys or paralegals may also assist in the case at varying rates.
"There's certainly been lots of court actions," Wood said. "So most recently, we have filed a motion for summary judgment, and then they've [Cozy Inn Inc.] also filed a motion as well, and we're waiting for the court to hear that, and once the court makes a decision, they really have the option to grant all or part of that summary judgment, and depending on the result of that, then it could go to trial."
The firm's engagement letter, signed by former Salina City Manager Mike Schrage, states Fairfield and Woods, P.C. represents the City of Salina as an entity, not any individual city employees.
"In performing this work, our firm will be representing the City as an entity, rather than you or any other individual under the employment of the City," the letter reads. "This means our [law firm] duty is to the City and we must place its welfare and interests ahead of the interests of anyone employed by the City."
READ MORE: Iconic restaurant, The Cozy Inn, sues Salina over right to paint a one-of-a-kind mural
Legal background and mural dispute
The dispute stems from a mural commissioned by Cozy Inn owner Steve Howard in October 2023, which city officials flagged as a sign code violation. The controversy centers on whether the artwork is classified as a mural or a sign under Salina’s zoning regulations.
Since the artwork progress has been halted, hundreds of patrons of the Cozy Inn have voiced their support of Howard, and their disapproval of the City's response.
Under Salina’s commercial sign regulations, businesses are allowed a specific amount of signage based on building frontage. In the C-4 commercial district, where the Cozy Inn is located, businesses are allotted three square feet of signage per linear foot of street frontage.
With a 20.8-foot frontage, the Cozy Inn is permitted approximately 63 square feet of signage. The restaurant already utilizes 52.88 square feet for existing signs, leaving just 10 square feet available. The new mural, estimated at 528 square feet, exceeds the allotted limit by nearly nine times.
Next steps in the case
The case, which is being heard in federal court, could either be resolved through the summary judgment ruling or proceed to trial in fall 2025, tentatively between October and November. Howard, with legal support from the Kansas Justice Institute, filed a lawsuit against the City of Salina in February 2024, arguing that the mural is a form of protected speech under the First Amendment.
The ongoing legal battle between the City of Salina and The Cozy Inn over its mural has sparked strong opinions in the community. How does this case make you feel? Do you believe the city's sign code is being fairly enforced, or do you see this as a fight for artistic expression?
Salina Post is looking for community members willing to share their thoughts with a reporter. If you're interested in speaking with us, send a message or email [email protected]. Your voice matters in this conversation!
Correction: The original article stated that the artwork began in 2024; however, it actually began in October 2023.