Following two executives sessions which totaled one hour and fifteen minutes, the City of Salina responded to a federal lawsuit filed by the Kansas Justice Institute (KJI) on behalf of Steve Howard, the owner of the Cozy Inn restaurant.
According to Mayor Greg Lenkiewicz, media reports and social media commentary, some of which are inaccurate, prompted the response. He said because of the ongoing litigation the City was limited to what it could say, but could share information which is already publicly available.
Lenkiewicz read a prepared statement, outlining some aspects of the case.
The Mayor said at issue is the Salina sign code, which is similar to sign codes in at least 34 other cities. The mural on the Cozy Inn was determined to be a sign, and exceeds the allowable space for a sign.
Lewkowicz said the City has been consistent in enforcing the sign code, and believes it is constitutional.
The Mayor indicated the City tried to work with Howard, and was willing to look at making some changes to the code. He said, however, Howard reached out to the law firm located in Overland Park. The KJI accepted the case. It filed a lawsuit in federal court claiming a free speech violation, and has been representing Howard at no cost to him.
Lenkiewicz said a court decision is anticipated on or about August 8th, and depending on the ruling, a bench trial could begin on October 7th.
The full statement, with hyperlinks, will be made available on the City of Salina’s website.
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