SALINA, KAN. - "I'm ready for all this to be over," said Cozy Inn owner Steve Howard.
On Monday the Salina city commission took up the issue of the Cozy Inn. After executive session, Mayor Mike Hoppock directed staff to change city sign codes language.
"In other words, this is a big win," said Sam MacRoberts, attorney for Howard.
"Further legal proceedings in this case would complicate and potentially delay the process of adopting the necessary code amendments," said Salina Mayor Mike Hoppock to a full house at the Salina city commission meeting Monday night. "Staff are directed to prepare proposed amendments consistent with the district court and 10th circuit rulings. And return them to the commission for consideration."
MacRoberts maintains this is a big win with implications that go beyond the Cozy Inn.
"What makes this case so important is that rarely do you get somebody to have the strength and courage to fight back against city hall like Steve did," said Sam MacRoberts. "This absolutely is a first amendment case. And it is clear the 10th circuit decided that what Salina was doing with its mural sign code was violating the first amendment."
The U.S. Court of Appeals for the Tenth Circuit ruled in favor of The Cozy Inn in October 2026, upholding the landmark First Amendment decision regarding the historic restaurant's exterior mural.
As the Salina city commission on Monday went into executive session to talk about the ruling by the 10th circuit, MacRoberts said the city would do well not to push this issue and try to get it in front of the U.S. Supreme Court.
"I think the way this opinion was written by the 10th circuit is clear," said MacRoberts. "And to the point that cities can't do this. So I think the way it's written does not present a good vehicle for the Supreme Court from the city's perspective."
"The 10th circuit upheld the district court judgement that Salina violated the first amendment with their sign code."
"Steve Howard filed suit against the City of Salina to protect his one of a kind UFO mural. And that's what we've been defending from day one, was Steve's ability to finish that really cool mural"
Hoppock and commissioners did not have a lot of add after the executive session. But the message was clear: Salina has to change its codes on signs and murals.
"The ruling created significant uncertainty about how signs and related displays could be regulated. The city hoped the appellate court would clarify the scope of the district court ruling. Even if it only upheld the Cozy Inn painting. The 10th circuit decision affirming the district court leaves some questions unresolved," said Hoppock.
"However, it is clearly determined the city must amend its regulations regarding murals and signs on walls, and review all portions of the current sign code."
Howard was low key after the commission meeting.
"There's a lot of support behind me," said Howard. "I would say probably 98-percent of the population. Everywhere you go, is behind me. So yeah, I'm elated that it's over. I don't have to keep looking over my shoulder anymore. Got back to everyday stuff. Through this I remained Cozy Strong."