Federal appeals court rules for Cozy Inn in Salina mural case

Photo: Courtesy Kansas Justice Institute

A federal appeals court ruled Friday in favor of The Cozy Inn in its free speech lawsuit against the City of Salina over the restaurant's UFO-themed mural.

A three-judge panel of the U.S. Court of Appeals for the 10th Circuit affirmed a November 2025 ruling by U.S. District Judge Toby Crouse that Salina's sign code, as applied to the mural, violated the First Amendment, and that the city imposed a prior restraint on Cozy Inn owner Steve Howard's speech by leaving his permit application on hold. Judge Scott Matheson wrote the published opinion.

"Because the means-ends evidence is lacking, the sign code fails intermediate scrutiny," the court wrote. "We affirm the district court's judgment."

Howard, represented by Kansas Justice Institute, a public-interest law firm, filed the lawsuit in early 2024 after city officials told him to stop painting the mural, which shows flying, burger-like UFOs. The city considered the artwork a regulated sign rather than an unregulated mural because, according to the city, the UFOs looked too much like hamburgers, the restaurant's signature item. The Cozy Inn has served hamburgers from its downtown storefront since 1922.

The court said Salina did not show evidence supporting the different treatment of signs and murals. It wrote: "Salina's evidence failed to justify the distinction between regulated signs and unregulated murals. It did not show that signs pose greater danger to Salina's interest in safety, aesthetic, and property values."

The court also wrote: "Given that Mr. Howard's application has aged for three years without his consent, Salina imposed a prior restraint on his speech."

"Salina is my hometown, I love it here," Howard said in a news release from Kansas Justice Institute. "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."

Sam MacRoberts, litigation director for Kansas Justice Institute, said in the release: "Salina's code would have allowed Steve to paint a mural depicting flying pizza slices, but not burger-esque UFOs, just because The Cozy sells sliders."

"This ruling makes it clear to all of the cities in Kansas: quit playing art critic," MacRoberts said.

The case drew friend-of-the-court briefs supporting The Cozy Inn from the National Federation of Independent Business, Institute for Justice, Pacific Legal Foundation, Liberty Justice Center, Alliance Defending Freedom, and a joint brief from the Goldwater Institute and Manhattan Institute, according to the release.

The city has 14 days to ask the court to rehear the case.

Salina311 reached out to the City of Salina for comment.