November 19, 2025
A federal judge ruled that the city of Salina, Kansas, violated the First Amendment rights of the Cozy Inn when it ordered the century-old burger stand to stop painting a mural, court documents show.
Steve Howard, owner of the Cozy Inn, filed a lawsuit last year after the city told him his mural violated city codes for signage.
The Cozy Inn, 108 N. 7th St., known locally as “The Cozy” and “Cozy’s,” is an iconic burger shack that has been serving up its famous sliders since 1922.
In a 35-page order handed down Wednesday, U.S. District Judge Toby Crouse said the city unconstitutionally discriminated based on the mural’s contents.
Howard hired an artist in 2023 to paint a mural depicting burger-like flying saucers piloted by aliens shooting ketchup and mustard.
The mural also contains the phrase, “Don’t fear the smell! The fun is inside!!,” referring to what locals know as the strong grilled onion scent the restaurant exudes.
According to court documents, Salina considered the artwork a regulated sign subject to size limits because it depicted hamburgers and condiments similar to items sold inside the business.
In his ruling this week, Crouse rejected that reasoning.
“…the uncontested facts demonstrate that Salina has presented no evidence connecting its solution—distinguishing between signs that pertain to the goods and services sold on-site and murals that do not — to its stated interests,” the order reads. “As a result, the plaintiffs’ motion for summary judgment on their First Amendment content discrimination claim is granted, and Salina’s motion is denied.”
Crouse also ruled that Salina’s decision to place the Cozy Inn’s sign permit application on hold indefinitely was, in effect, an unconstitutional prior restraint. He rejected the City’s argument that the restaurant “agreed” to the hold, finding no evidence of consent.
The court did, however, side with Salina on a Fourteenth Amendment claim in the suit. Crouse found that the city’s sign codes were not unconstitutionally vague. Both the Cozy Inn and Salina’s attempts to strike each other’s expert witnesses were denied in the ruling.
The city of Salina issued a statement acknowledging the ruling Wednesday.
“On the one hand, the Court agreed with the City and held that the challenged provisions of the City’s Sign Code are not unconstitutionally vague,” the statement reads. “On the other hand, it also agreed with the Plaintiffs and held that the City’s definition of the term ‘sign’ violates the First Amendment, and consequently that ‘Salina cannot make any determination as to whether a display is a mural or a sign without violating the First Amendment.’”
“The City is working with its attorneys to evaluate the broader implications of the Court’s Order and potential next steps towards resolution of the matter,” the statement said.
Howard’s lawyer Sam MacRoberts, of the Kansas Justice Institute, said in a phone call Wednesday that the ruling was a win for Howard, who only sought the right to finish the mural he started.
“I have never heard a bad word spoken about the Cozy Inn. Everybody loves it,” MacRoberts said. “Everybody loves the burgers, and everybody loved the mural, and so we were so happy to help Steve fight for his First Amendment right to finish this one of a kind, UFO themed mural.”