Salina, Kansas – At the Monday city‑commission meeting, Mayor Mike Hoppock read a statement confirming that Salina will comply with the recent appellate court decision that sided with the Cozy Inn hamburger stand. The ruling, issued by the 10th U.S. Circuit Court of Appeals on Oct. 30, affirmed a lower‑court finding that the city’s definition of a “sign” violated the First Amendment when applied to the restaurant’s exterior mural.
Background of the dispute
In 2023 the city halted work on the Cozy Inn’s mural, classifying it as a sign because it referenced the restaurant’s menu items. Under Salina’s sign ordinance, such a sign required a permit and was subject to stricter regulations. Co‑owner Stephen Howard argued that this classification amounted to unlawful prior restraint on free speech and sued the city.
A federal district judge later ruled in Howard’s favor, holding that the city’s action infringed the First Amendment. The judge also noted that Salina’s sign ordinance was not “impermissibly vague,” leaving open the question of how the city should define signs versus murals.
Appellate decision and city response
The 10th Circuit upheld the district court’s judgment, confirming that Salina’s definition of a sign was unconstitutional. While the appellate court left some technical questions unanswered, it made clear that the city must revise its code to treat murals and wall displays the same as other signs.
Mayor Hoppock’s statement to the commission emphasized that the ruling creates “significant uncertainty” about future regulation of wall displays. He said the city will now move to amend the sign code, potentially by deregulating wall displays, revising the definition of a sign, or eliminating the definition altogether. Staff have been directed to draft the necessary amendments and return them to the commission for consideration.
Community reaction
After the mayor’s remarks, a resident in the audience asked, “What does that mean?” Hoppock replied, “No further action,” to applause. One attendee shouted, “Finally,” reflecting relief among supporters of the Cozy Inn.
Stephen Howard expressed gratitude for the community’s backing, saying, “Salina is my hometown; I love it here. The reason I love this community, this town, is because of all of the support everyone has given me. Thank you for standing behind me and supporting me through this.”
Next steps for Salina
The city’s planning staff will now prepare revised language for the sign ordinance, ensuring compliance with both the district‑court and appellate rulings. Once drafted, the proposals will be presented to the commission for a vote. Officials noted that further legal challenges could delay the process, so they aim to act promptly.
This outcome not only resolves a three‑year legal battle but also sets a precedent for how Kansas municipalities may treat artistic murals on commercial properties. By aligning its code with constitutional standards, Salina hopes to avoid future disputes and provide clearer guidance for local businesses wishing to enhance their storefronts.
Original reporting: KWCH 12 (Gray) – local — read the source article.
