STATEMENT REGARDING THE COZY INN, ET AL. V. CITY OF SALINA[1] Case No. 6:24-cv-01027-TC
On February 19, 2024, the Cozy Inn sued the City of Salina. The lawsuit was filed by Plaintiffs’ attorneys, the Kansas Justice Institute, which according to their website is “a free public interest litigation firm” located in Overland Park, Kansas. In an article published by Salina311, written by the Kansas Justice Institute (“KJI”), KJI declared this case “is part of KJI’s litigation campaign challenging laws that interfere with the right to free speech. It’s also part of KJI’s litigation efforts to fight back against city hall.”
The lawsuit claimed the Salina Sign Code is content-based and unconstitutional, is unconstitutionally vague and a prior restraint.
Like most other local governments, the City of Salina regulates signs to avoid sign clutter and to promote traffic safety and community aesthetics City-wide. In a recent case entitled, City of Austin v. Reagan Nat’l Advert., the United States Supreme Court described sign regulation as a tradition dating back more than 150 years and recognized that tens of thousands of jurisdictions regulate signs. The City has regulated signs for more than 50 years. The City’s ordinance defines the term “sign” to include displays that “announce, direct attention to, or advertise” and are “not located inside a building” as “building” is defined in Salina Code Sec. 42-637. At least 34 other municipalities across the United States utilize the phrase “announce, direct attention to, or advertise” in their definitions of signs.
The City believes its definition of sign is content neutral, constitutional, and the City contends it has been consistent in applying its Sign Code in a content neutral matter.
The pleadings and motions filed in this matter provide a more complete factual background. All documents filed in this matter may be accessed on the PACER website at https://pacer.uscourts.gov/.
This statement will include some of the factual background addressed in the filed pleadings and motions.[2] Applying the definition of sign from the Sign Code, the City determined the painting on the side wall of The Cozy Inn was a sign. Plaintiffs did not obtain a sign permit before they began painting the sign. The Cozy Inn sign exceeds The Cozy Inn’s allowable sign area. The City informed Mr. Howard that the Cozy Sign was too big to qualify for a permit. During an in-person meeting on November 13, 2023, the City provided Mr. Howard with a memorandum explaining why the Cozy Sign was too large to qualify for a sign permit. The City offered to work with Mr. Howard to see if a code-based solution could be reached. In doing so, the City engaged a sign consultant that would help the City evaluate if the Salina community was in favor of permitting wall signs as large as the Cozy Inn on the sides of smaller buildings, and if the City could amend the Sign Code in a content-neutral fashion while continuing to advance its content-neutral purposes, including but not limited to avoiding sign clutter, promoting traffic safety and community aesthetics City-wide. Unbeknownst to the City, Mr. Howard was in contact with the Kansas Justice Institute on November 11, 2023, to ask about representation in this case.
The filing of the lawsuit ensued, which set in motion discovery obligations, and pleading and motion deadlines. The City defended the action and complied with the requirements of civil litigation in Federal Court. Throughout the litigation, the City has steadfastly held the position that Salina’s Sign Code is constitutional.
The City and Plaintiffs have filed summary judgment motions in this case. The Court has advised that a ruling on the motions is anticipated on or about August 8, 2025. The Court further advised that if one or more claims survive, a bench trial beginning October 7, 2025 will occur.
[1] The City is aware of certain media reports and social media commentary that were not initiated by the City or its counsel regarding the federal case of Cozy Inn, Incorporated d/b/a The Cozy Inn; Stephen Howard v. City of Salina, Kansas, Civil Action No. 6:24-cv-01027-TC-ADM, which is currently pending in the United States District Court, District of Kansas. Some of the reports and commentary have inaccurately described the facts, circumstances, and stakes of the case. As such, the City is releasing this statement. The statements contained herein are statements that have been set forth in public record, such as pleadings or motions filed in The Cozy Inn, et al. v. City of Salina case, United States Supreme Court decisions, news articles or websites. Accordingly, this statement shall not be construed as a waiver of any applicable privilege. Outside of the information contained in this statement, at this time the City will not provide further public comment.
[2] The City’s Brief in Support of its Motion for Summary Judgment with exhibits, the City’s Reply Brief in Support of its Motion for Summary Judgment with exhibits, the City’s Brief in Support of its Motion to Dismiss, the City’s Reply Brief in Support of its Motion to Dismiss, as well as the Court’s Amended Pre-Trial Order may be accessed here: Cozy Inn Legal Documents