By SALINA POST
Salina City Commissioners held a special meeting on Monday evening to address the ongoing federal district court civil lawsuit, Cozy Inn vs. City of Salina.
The lawsuit, filed in Feb. by Cozy Inn owner Steve Howard, involves a painting on the exterior of the Cozy Inn Hamburgers restaurant located in downtown Salina.
Because the commission would need to consult with an attorney for the public body which would be deemed privileged under K.S.A. 75-4319(b)(2), commissioners recessed immediately into executive session to discuss the lawsuit following roll call.
Once they concluded their discussion, commissioners returned to vote on the matter.
In a unanimous vote, commissioners agreed not to pursue any penalties or fines against The Cozy Inn, from the time the case began until the time it is concluded, as long as the business maintains the "status quo," meaning not altering the current painting in any way.
READ MORE: Iconic restaurant, The Cozy Inn, sues Salina over right to paint a one-of-a-kind mural
The City Code allows for murals, but the controversial painting, according to the City, depicts hamburgers and directs pedestrians inside the business, classifying it as a commercial sign.
Steve Howard doesn't see it that way. According to him, the partially completed mural depicts spaceships and a message to encourage visitors, "Don't fear the smell, the fun is inside!"
READ MORE: Cozy Inn Hamburgers 'sign' put on hold pending city approval
The lawsuit against the City argues that Salina's sign code infringes on Howard's right to freedom of speech.
According to the Kansas Justice Insitute, KJI, a free public-interest litigation firm protecting the freedoms guaranteed by the Kansas and United States Constitutions, the government cannot restrict a mural simply because it contains references to the business on which it is painted.
KJI argues that the First Amendment prohibits content-based restrictions on speech and artwork an the amendment does not allow the City to pick and choose which murals to allow and which to prohibit based on the message or content of the mural.
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