The City of Salina has reached an agreement with the Kansas Justice Institute, the litigation firm representing the Cozy Inn, and will appeal a recent ruling made by a federal court judge in a lawsuit.

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 a mural on the outside of the building. 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 the painting project.

Following a 1.5 hour executive session Tuesday, Attorney Todd Messenger from the Denver law firm Fairfield & Woods spoke. The firm has been representing Salina in the case.

Messenger said during recent executive sessions the two sides have been negotiating. He said both sides agree that there needs to be more clarification from the court in regard to the constitutional definition of a sign vs a mural. Messenger indicated this case will have ramifications across the country, saying it will have “national significance”.

The current Salina code as written regulates signs, but not murals.

While the case goes through the appeals process, the Cozy will be allowed to finish the mural with the understanding alterations may need to made, pending the outcome of the appeal.  If the appeal is resolved in favor of  the City, the Cozy must come into compliance within 180 days.

As part of the agreement, both sides are waiving their right to recur attorney fees. The Kansas Justice Institute was seeking $100,000.

The cost of the appeal the will not cost the city any more than $70,000.

A joint motion to stay the order will be filed by Friday, with the City indicating it will appeal the decision.

Messenger reiterated that both sides are seeking more clarity in the case, specifically the constitutional definition of a sign.

The appeals process is anticipated to take 18 to 24 months to resolve through the court system.