Decision in Cozy Inn Case Looms

Both sides continue to wait for a decision, which could come at any time, in the Cozy Inn vs City of Salina mural case.

The case involves a federal lawsuit filed by the owner of the Cozy Inn, and supported by the Kansas Justice Institute, contending the City of Salina’s sign code is an unconstitutional violation of free speech. An October trial was scheduled in the case, but in late August the court moved to summary judgment after the parties agreed the issues were legal questions. The judge cancelled the October trial date, and suspended pretrial obligations, anticipating a ruling on the summary judgment motions. The judge will rule on the summary judgment motions, which will resolve the legal questions in the case.

Salina City Manager Jacob Wood told KSAL this week they are still waiting on the ruling. There is no timeline for the judge to make a decision, but the hope is it will sooner than later.

An in-person status conference is scheduled for October 22nd to address any claims that survive the ruling.

Back in February a federal lawsuit was filed on behalf of the Cozy Inn in the case. At issue is a mural which was started on the outside of the downtown building. The mural was started without the restaurant first getting the proper permits, and has been halted.

In March the city commission 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 of the mural in question, not altering it in any way.

As per current city code, murals of any size are acceptable, but once there’s a “message that pertains to the good or service for sale it makes it a sign that is subject to the sign code.” The mural, which is still partially finished, includes images of hamburgers with printed words reading “Don’t Fear the smell! The fun is inside!!”

The lawsuit contends that Salina City signage code is a free speech violation.