Cozy Inn resumes painting mural after lengthy legal battle with City of Salina

WICHITA, Kan. (KWCH) - After a more-than-two-year-long legal battle, a popular hamburger stand in Salina is continuing work on the art project on its building.

The dispute began in 2023 when city officials halted work on the project, which depicts flying saucers attacking the Cozy Inn with ketchup and mustard.

The city classified the mural as a “sign” because it referenced products sold at the restaurant, subjecting it to stricter regulations and a permit process.

In a lawsuit against the City of Salina, Cozy Inn Co-owner Stephen Howard argued that this distinction violated his First Amendment rights to free speech and constituted an unlawful prior restraint.

A decision in the case late last year favored the restaurant with a U.S. district judge ruling the City of Salina cannot stop Howard from completing artwork on his restaurant’s exterior.

In response to that November decision, the City of Salina again revisited the issue in December, appealing the ruling.

Fast forward to this week, 12 News caught up with Howard as work on the Cozy Inn artwork continues. The hamburger stand owner said he’s thankful for the community’s support during the legal fight.

“Thank you for your support and standing beside me,” he said. “I wish I had my other shirt on that says, in bold, ‘Cozy Strong,’ but I don’t have that one today.”

Howard said plans call for the Cozy Inn’s mural to be finished in the next few weeks.