WICHITA, Kan. (KWCH) – Salina city commissioners met behind closed doors on Wednesday morning to discuss the ongoing legal battle between the City of Salina and the Cozy Inn.
In November of last year, a federal judge ruled in favor of the Cozy Inn, determining that the city violated the First Amendment by ordering the hamburger restaurant to stop the painting of a mural on the outside of the building.
The ruling wasn’t fully straightforward — the judge said Salina has shown that its sign ordinance is not “impermissibly vague.”
Seeking more clarity in the case as it pertains to the constitutional definition of a sign, the Salina City Commission moved forward with an appeal.
The city classified the mural as a “sign” because it referenced products sold at the well-known hamburger restaurant, subjecting it to stricter regulations and a permit process.
Co-owner Stephen Howard argued that this distinction violated his First Amendment rights to free speech and constituted an unlawful prior restraint, filing a lawsuit against the city.
In June, the artwork at the center of the legal debate appeared to be completed. It depicts flying “hamburger” saucers attacking the restaurant with ketchup and mustard.
Wednesday’s special meeting lasted around an hour with the city’s special legal counsel. When commissioners returned to open session, they took no action and shared no new details about the case.
Earlier this week, commissioner Doug Rempp unsuccessfully pushed to end the legal dispute.
He said his position hasn’t changed.
“We should have never got here,” Rempp said.
correction: A prior version of this story said that “both sides” agred to an appeal in the case. We’ve fixed this error to reflect that the appeal only came from the City of Salina.
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