Salina commissioners to meet privately with legal counsel on Cozy Inn appeal ruling, with possible action to follow
Salina city commissioners are scheduled to meet behind closed doors with legal counsel Monday to discuss the federal appeals court decision in The Cozy Inn's mural lawsuit, according to the agenda for the Nov. 9 City Commission meeting. The agenda says "Possible Action to follow."
The closed session is the last listed business item, Item 9.1, on the agenda for the regular meeting, which begins at 4 p.m. in Room 107 of the City-County Building, 300 W. Ash St.
The proposed motion reads: "I move the City Commission recess into executive session for __ minutes to discuss with legal counsel the subject of the decision on the appeal of the Cozy Inn vs. City of Salina case based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 75-4319(b)(2). The open meeting will resume in this room at ___ p.m."
The length of the session and the time the open meeting would resume are left blank on the agenda. They would be filled in when a commissioner makes the motion.
The agenda does not say what action, if any, commissioners might take after the closed session.
The Kansas Open Meetings Act lets a public body recess into a closed session to consult with its attorney on matters that would be privileged in the attorney-client relationship. The law does not allow binding action to be taken during a closed session, so any vote would have to happen after commissioners return to the open meeting.
The city's public participation policy, printed in the meeting packet, says a motion to recess into executive session must state the subjects to be discussed, the legal justification and the time and place the open meeting will resume. The policy says commissioners will move to another location for the closed session so members of the public may stay in the meeting room.
On Oct. 30, 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. The panel held that Salina's sign code, as applied to the Cozy Inn mural, violated the First Amendment, and that the city imposed a prior restraint on owner Steve Howard's speech by leaving his permit application on hold. Judge Scott Matheson wrote the opinion.
Under federal appellate rules, a party generally has 14 days after judgment to ask the court to rehear a case.
Howard, represented by Kansas Justice Institute, filed the lawsuit in early 2024 after city officials told him to stop painting the mural, which shows flying, burger-like UFOs on the side of the downtown restaurant. The city had treated the artwork as a regulated sign rather than a mural.
Brad Anderson with Salina Arts & Humanities told Salina311 this week that "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."
The packet for the Nov. 9 meeting does not include any staff memo, recommendation or document on the Cozy Inn item.
Salina311 reached out to the City of Salina for comment on the Oct. 30 ruling.
Monday's meeting is open to the public and is also available online through Zoom, according to the city's meeting listing.
