Salina City Commissioners held a special meeting on Wednesday to again meet behind closed doors to discuss legal considerations relating to the Cozy Inn vs. City of Salina case. Commissioners recessed into executive session immediately following roll call.  They returned to open session following the conclusion of the executive session they immediately adjourned without making comment.

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ORIGINAL: Salina City Commissioners will hold a special meeting on Wednesday to again meet behind closed doors to discuss legal considerations relating to the Cozy Inn vs. City of Salina case.

According to the City, commissioners will recess into executive session immediately following roll call. They will return to open session following the conclusion of the executive session with possible action to follow.

During Monday’s regularly scheduled meeting commissioners convened into an executive session to discuss the same issue, and then afterwards immediately adjourned without making comment. Additionally, at the meeting commissioner Doug Rempp made a motion for the city to drop its involvement in the litigation. The motion died for lack of a second.

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.

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”.

Since the ruling, both sides agreed on an appeal. Both sides are seeking more clarity in the case, specifically the constitutional definition of a sign.

While the case goes through the appeals process, the Cozy was 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 was agreed upon not cost the city any more than $70,000.

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

The special meeting is scheduled for 9:00 Wednesday morning in the Salina City-County Building Room 107.