Salina City Commissioners gathered for a special meeting Monday evening to discuss legal considerations relating to the Cozy Inn vs. City of Salina case.

Back in February  a federal lawsuit was filed on behalf of the Cozy Inn restaurant in a case involving a mural on the outside of their downtown facility.

At issue is a mural which was started on the outside of the building. The mural was started without the restaurant first getting the proper permits.  The city halted the project.

After recessing into executive session immediately following roll call, commissioners came back and took action. By unanimous vote the commission agreed not to pursue any penalties or fines against the Cozy Inn, from the time the case began until the time it is concluded, as long as the business maintains the status quo of the mural in question, not altering it in any way.

As per current city code, murals of any size are acceptable, but once there’s a “message that pertains to the good or service for sale it makes it a sign that is subject to the sign code.”  The mural, which is still partially finished, incudes images of hamburgers with printed words reading “Don’t Fear the smell! The fun is inside!!”

The lawsuit contends that Salina City signage code is a free speech violation.