Salina City Commissioners Monday evening convenened into a lengthy executive session to discuss the Cozy Inn vs City of Salina court decision, and then afterwards immediately adjourned without making comment.

Back on November 19th a federal court sided with the Cozy Inn in the lawsuit involving the City of Salina. U.S. District Court Judge Toby Crouse ruled that the City of Salina violated the First Amendment by ordering the Cozy Inn to stop painting its mural. Steve Howard, owner of the  burger joint, filed the lawsuit with help from the Kansas Justice Institute in early 2024 after Salina officials told him to stop painting the mural.

The court did side with the City of Salina in part of the case, though.  The judge determined Salina has shown that its sign ordinance is not impermissibly vague, warranting summary judgment in Salina’s favor on the Cozy;s Fourteenth Amendment claim of equal protection of the laws” and that states cannot deprive any person of “life, liberty, or property, without due process of law”.

The city of Salina has paid over a half-million dollars in litigation costs related to the lawsuit.

Per the final item on the agenda for Monday’s regularly scheduled meeting, the commission recessed into executive session “to discuss with special legal counsel the subject of legal considerations relating to the Cozy Inn vs. City of Salina case based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship”.

The agenda indicated possible action would follow the executive session. Ultimately no action followed, other than commissioners immediately ending the meeting without comment.