The City Commission on June 2 approved a prepared public statement about the pending federal lawsuit Cozy Inn and Stephen Howard v. City of Salina and delegated the city manager to post the statement — with hyperlinks to selected court filings — on the city website.
Background and city position: the complaint challenges Salina’s sign regulations, arguing the city’s treatment of the painted Cozy Inn wall sign is content‑based and unconstitutional. City staff told the commission the city’s code has defined “sign” (including the phrase “announce, direct attention to, or advertise”) for decades and that similar wording appears in at least 34 other U.S. municipal sign codes. The city maintains its definition is content neutral and said it has enforced the code consistently.
Litigation posture: pleadings and summary‑judgment motions are on file in U.S. District Court for the District of Kansas; the court indicated a ruling on pending summary‑judgment motions is anticipated on or about Aug. 8, 2025. City staff said if any claims survive the summary‑judgment ruling, a bench trial is scheduled to begin Oct. 7, 2025.
What the statement does and does not say: the commission’s action approved a prepared, factual statement that outlines the city’s position and the procedural posture of the case; staff said the statement draws from public court filings, Supreme Court precedent and news reports. The commission did not authorize other substantive public commentary beyond the posted statement.
Why this matters: the case raises First Amendment questions about municipal sign regulation and may influence how Salina and other cities regulate painted wall signage. The city emphasizes it offered to work with the business owner on code‑based solutions before litigation and had engaged a sign consultant to explore whether code amendments could be adopted in a content‑neutral way.
Public reaction: public commenters at the meeting urged the city to work more directly with the business owner to avoid litigation; others noted that the case has drawn local media and social‑media attention. The commission voted 4–0 to approve the public statement and delegate the city manager to finalize hyperlinks and publish supporting court filings on the city website.