Salina’s Mural Legal Battle: A Clash of Art and Law

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Whimsical mural featuring aliens in flying saucers at The Cozy Inn in Salina.

News Summary

A legal dispute has erupted in Salina, Kansas, between the city and The Cozy Inn over an unfinished mural facing restrictions under signage regulations. Restaurant owner Steve Howard has filed a lawsuit after being ordered to halt the mural’s painting due to alleged violations. The Kansas Justice Institute is representing Howard, arguing for his rights to artistic expression. Community support for Howard is growing, with many rallying for the mural’s completion, while the city considers reevaluating its signage codes amidst escalating legal costs.

Salina, Kansas – A legal dispute has erupted between the city of Salina and The Cozy Inn restaurant concerning an unfinished mural that has been at the center of a contentious debate over signage regulations and free speech rights. The owner of The Cozy Inn, Steve Howard, has filed a lawsuit against the city after being ordered to halt the mural’s painting due to alleged violations of city signage codes. The mural, which is still incomplete, has become a focal point of both community support and city enforcement.

Howard’s legal representation, the Kansas Justice Institute, is advocating for Howard’s position, alleging that the city’s actions infringe upon his artistic and free speech rights. The Cozy Inn, established over 100 years ago at 108 N. 7th St., is a local landmark renowned for its sliders and has gained national recognition from various media outlets, including the Travel Channel and USA Today.

The controversial mural, commissioned in 2023, features whimsical aliens in flying saucers aiming ketchup and mustard. It includes the phrase “Don’t fear the smell! The fun is inside!!,” effectively capturing the essence of the restaurant’s signature grilled onion aroma. Despite its humorous intention, the city claims that the mural constitutes a regulated sign because it visually depicts hamburgers, exceeding the allowable signage size limit of three square feet per linear foot of street frontage. Currently, the mural’s estimated size is approximately 528 square feet, leading to the city’s enforcement action.

As the legal battle unfolds, the city has reportedly accumulated legal costs exceeding $538,791. Howard has stated that he is not pursuing financial damages but wishes to complete the mural as a testament to his love for Salina. Community reaction has been notably favorable toward Howard, with a significant number of local residents rallying behind him on social media, expressing their desire to see the mural finished.

In light of the ongoing dispute, the Salina city government has indicated a commitment to reevaluating its code concerning signage and public art. The case is currently being processed in the U.S. District Court of Kansas, where a federal judge is expected to render a decision soon, potentially this summer. Should the matter not be resolved through summary judgment, a trial could be set later this year to address the legal challenges laid out by both parties.

Public sentiment around this issue has been polarized. While many residents support Howard’s artistic expression, some have voiced concerns regarding the city’s financial expenditures in pursuing this legal action, arguing that it may adversely affect local businesses. The city has held executive sessions to deliberate over the lawsuit but has not yet undertaken any definitive steps in response to the ongoing legal proceedings.

Legal representatives from the Kansas Justice Institute emphasize that the core purpose of the lawsuit is to preserve Howard’s rights to artistic expression, not to seek any form of monetary compensation. Supporters of Howard hope for a swift resolution that would allow the mural to be completed, reflecting the cultural and community spirit of Salina.

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Salina's Mural Legal Battle: A Clash of Art and Law

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