A burger joint sued this Kansas town for free speech violations. Here’s why
An ongoing legal battle between a Kansas town and a burger joint over an unfinished mural is sparking controversy in the community, with lawyers claiming the city violated free speech rights.
Steve Howard, owner of The Cozy Inn, filed a lawsuit last year after the city of Salina told him he had to stop painting a mural on the side of his restaurant because it violated city codes for signage. The Kansas Justice Institute, which filed the suit on behalf of Howard, said the city’s actions violate free speech.
The Cozy Inn, 108 N. 7th St., known locally as “The Cozy” and “Cozy’s,” is a local landmark for the town that has been serving up its famous sliders for more than 100 years. Howard hired an artist in 2023 to paint a mural depicting burger-like flying saucers piloted by aliens shooting ketchup and mustard.
The mural also contains the phrase, “Don’t fear the smell! The fun is inside!!,” referring to what locals know as the iconic grilled onion scent the restaurant exudes.
Howard’s lawyer Sam MacRoberts claims that Salina restricted the mural based on its content, which he argues is unconstitutional. The city allegedly told Howard the mural is a restricted sign because it depicts hamburgers on a business which sells them.
“It violates the First Amendment, and Steve (Howard) should be allowed to finish painting his one-of-a-kind UFO-scene mural,” MacRoberts said.
Since the suit was filed, Salina has paid at least $538,791 in legal fees, the Salina Post reported.
But it’s not money that Howard and his lawyers is seeking, MacRoberts said.
“Salina is my hometown; I love it here,” Howard said in a press release, “I want to finish my mural.”
Salina’s legal battle with Cozy Inn
Downtown Salina is known for its many murals and thriving arts scene. In a news release, Howard said he commissioned the mural on his restaurant in hopes of being part of the arts culture in Salina.
The Cozy Inn, a highly-regarded local burger spot, has been featured on Travel Channel’s “101 Tastiest Places to Chow Down,” and “America’s Top Ten Hamburgers.” USA Today previously picked Cozy Inn as the “Best Burger Joint in Kansas.”
“Over 90% of our customers are travelers,” Howard said in a statement. “I want them to feel the fun and excitement when they get here. My customers traveled hundreds or thousands of miles, and they are excited... and it is fun when they see the aliens who traveled light-years to get here.”
But for now, the mural’s aliens remain half-painted.
The city said the mural is considered a regulated sign, which comes with rules for each business. In Salina, businesses are allowed a certain amount of signage based on the size of their buildings.
In the district where the Cozy Inn is located, businesses are allotted three square feet of signage per linear foot of street frontage, the Salina Post reported.
The new mural, estimated close to 528 square feet, exceeds Cozy’s allotted limit by nearly nine times, according to the Salina Post.
The city of Salina did not immediately return The Star’s requests for comment Thursday.
In response to the lawsuit last year, Salina issued a statement saying it believes its sign code enforcement is legally justified.
“The City of Salina has been very deliberate and consistent in its regulation of signs in the community...” the city statement said.
Lawyers expect ruling soon
In the aftermath of the lawsuit, many in the Salina area took to social media to share their support for Cozy Inn. MacRoberts said he saw and heard a flood of positive comments about the mural.
“They enjoy the mural and they want to see Steve (Howard) finish it,” MacRoberts said. “And so our our case is all about the First Amendment and protecting Steve’s right to finish that mural.”
In its statement, the city said it would be considering code changes that would be equally and fairly applied to businesses in the same district.
“Over the last decade, the regulation of signage and public art has become an increasingly challenging discussion for communities across the United States because of differing opinions on what is art and what is commercial signage,” the city of Salina said in a statement.
All motions have been submitted in the case and are being reviewed by a federal judge, MacRoberts said. He expects the judge to make a decision on the case at any time, possibly over the summer.
The case is being heard in U.S. District Court of Kansas, and could go to trial later this year if not resolved in a summary judgment ruling.
This story was originally published May 15, 2025 at 1:01 PM.
