A federal appeals court has sided with The Cozy Inn in Salina ruling that the city violated the restaurant’s First Amendment rights.
The dispute started in November 2023 when city officials told owner Steve Howard to stop painting a mural on the building. The mural showed hamburger-shaped flying saucers—a playful nod to the restaurant’s signature burgers.
City officials said the mural counted as a regulated sign, not simple artwork, because it depicted what the restaurant sells. This meant The Cozy Inn would need to register it as signage and follow strict rules about size and placement. Howard disagreed, arguing the mural was meant as art, not advertising.
The case quickly drew attention in Salina and beyond and the decision could have ripple effects for businesses in other cities.
The Tenth Circuit Court backed The Cozy Inn, agreeing that the city’s action went against free speech protections. The judges said the city’s rules unfairly targeted the mural because of its content—something the First Amendment does not allow. The City of Salina has spent more than $500,000 on the dispute.
