The U.S. Court of Appeals for the Tenth Circuit has ruled in favor of The Cozy Inn, a century-old burger restaurant in Salina, in its free speech dispute with the city over a mural showing flying, burger-like UFOs.
The appeals decision was issued on Friday. It follows a November 2025 ruling by a federal judge, who found that the city had violated the First Amendment when it ordered the restaurant to stop painting the mural.
That earlier ruling was not a complete win for the restaurant, however. The judge also said Salina had shown that its sign ordinance is not "impermissibly vague." Seeking more clarity on how the Constitution defines a sign, the Salina City Commission moved forward with an appeal late last year.
At the center of the dispute is how the city classified the artwork. Salina treated the mural as a "sign" because it referenced products sold at the well-known restaurant. That label subjected the mural to stricter regulations and a permit process.
Steve Howard, the owner of the Cozy Inn, filed the lawsuit in early 2024 with help from the Kansas Justice Institute. The legal action came after Salina officials told him to stop painting the mural.
In its statement, the appeals court said the city's case fell short. "Salina's evidence failed to justify the distinction between regulated signs and unregulated murals," the court said. It added that the city "did not show that signs pose greater danger to Salina's interest in safety, aesthetic, and property values."
Howard expressed gratitude after the decision. "Salina is my hometown, I love it here," he said. "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."
