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SALINA, Kan. (KWCH) – The Salina City Commission held an executive session Monday to discuss the latest lawsuit filed by the Cozy Inn restaurant.
It all stems from this mural.
In February, Cozy Inn owner Steve Howard filed a federal lawsuit against the city after being told not to finish this mural on the side of his restaurant due to city rules.
The City of Salina argued that the work isn’t a mural but a sign advertising the restaurant. Because it’s recognized as a sign, it must fit the required dimensions set by the city.
“It’s just unfortunate that the city has chosen to pick on their art out of everyone else’s,” said Salina resident Jesse Werner.
Werner said she doesn’t understand what the city has to gain by stopping the restaurant from finishing the mural.
“This is absolutely unproductive,” said Werner. “It does nothing for the city or the people who live here or the small businesses in the area.”
The restaurant owner teamed up with lawyer Sam MacRoberts from the Kansas Justice Institute, who said the problem is more about violating free speech.
“The suit is not for money; it’s not to make the City of Salina feel bad,” said MacRoberts. “The suit is for Steve to be able to finish expressing himself, expressing the character of the Cozy.”
Other people 12 News spoke with say the Cozy Inn owner knew he needed a permit to alter the outside of his building, and rules are rules.
But MacRoberts disagrees.
“There is a permit required before someone can engage in putting up a sign, but what steve is doing is not putting up a sign – he’s putting up a one-of-a-kind mural on the side of his building,” said MacRoberts. “Of course, rules are rules, but if the rules are unconstitutional, the government cannot enforce them.”
In March, the city hired legal counsel in response to Cozy Inn’s lawsuit. Salina Mayor Longbine previously said the city could take two different approaches: file a countersuit against the Cozy Inn or change the sign code to allow the mural.
However, the Salina City Commission did not take action at the Monday meeting. The commission said it plans to schedule another executive session to discuss the matter.