Brad Anderson: Cozy Inn ruling leaves future of Salina murals unclear
Brad Anderson with Salina Arts & Humanities says a federal appeals court ruling that sided with The Cozy Inn over its UFO-themed mural leaves him unclear what the decision means for future mural art in Salina.
A three-judge panel of the U.S. Court of Appeals for the 10th Circuit ruled Oct. 30 that Salina's sign code, as applied to the Cozy Inn mural, violated the First Amendment. The court affirmed a November 2025 ruling by U.S. District Judge Toby Crouse and said the city imposed a prior restraint on Cozy Inn owner Steve Howard's speech by leaving his permit application on hold for years.
Anderson told Salina311 that his office has long worked with local artists and businesses as a resource partner on mural work, including helping artists navigate the city's sign code during the Artwork Alley mural festival behind the Stiefel Theatre in 2022. He said Arts & Humanities does not regulate mural content unless it is directly commissioning the work.
When he saw the Cozy Inn mural and what he described as clear business-related signage, Anderson said he asked Leslie Bishop with Salina Downtown Inc. and Lauren Driscoll with the city's Development Services Department whether there was an approved permit. He said no permit had been applied for and the Design Review Board had not reviewed the concept.
Anderson said the City Commission will have a chance to direct staff on the consequences of the ruling when it meets Monday, Nov. 9.
His full statement to Salina311:
Our office had worked with local artists and businesses for many years as a resource partner regarding mural work. We made sure that the artwork done during the Artwork Alley mural festival behind the Stiefel Theatre in 2022 didn’t interfere with current city of Salina sign code. Our reading and understanding of the sign code was that there was a clearly described difference between commercial and non-commercial speech, so we helped inform artists about that code.
When I saw the mural and clear business-related signage on the Cozy Inn, I asked Leslie Bishop from SDI and Lauren Driscoll from the city’s Development Services Department if there was an approved permit for what seemed clear to me as a commercial sign for the business. Apparently, no permit was applied for, and no preliminary review of the concept was made by the Design Review Board.
Contrary to some public sentiment, Salina Arts & Humanities does not regulate content for any mural projects unless we are directly commissioning the work. Our job is to work within existing sign codes, rules, and ordinances that are part of the city’s administrative structure, and when asked, we help artists to do the same.
I assume the court ruling means that the City will have to review their current sign code regulations and the impact it will have on future murals in the community. Because the courts have determined that there is no difference between murals and commercial signs, I am unclear what this means to future mural art in the city. Salina’s sign code is very similar to many cities across the country, so this ruling has a much broader impact than one business. Our City Commission will have an opportunity to direct city staff regarding the consequences of the court’s ruling when they meet on Monday, November 9. I hope there are opportunities for murals in the future.
Salina311 previously reported on the 10th Circuit ruling and reached out to Bishop and Driscoll for comment. Bishop said she was not clear what Anderson was referring to beyond that he asked early on whether she knew anything about the mural, and that she did not.
