A historic burger restaurant in Kansas has won an important First Amendment victory after a federal appeals court ruled that city officials had no right to stop it from painting hamburger-shaped flying saucers on its outside wall. On 30 October 2026, a three-judge panel of the 10th US Circuit Court of Appeals ruled in favour of Steve Howard, owner of the Cozy Inn in Salina, Kansas. The ruling supported an earlier decision by a lower court, which found that the City of Salina had violated Howard's constitutional rights by classifying his planned artwork as an illegal commercial sign. The dispute began in November 2023, when Howard hired local artist Colin Benson to paint a mural on the side of his building facing a public car park. The design showed UFOs shaped like hamburgers spraying ketchup and mustard. It also included the slogan, "Don't Fear the Smell! The Fun Is Inside!!". The painting work stopped suddenly after just six hours. City code enforcement officers told Benson to stop. Salina officials argued that the painting showed hamburgers and sauces sold inside the…
Kansas burger stand wins court fight over hamburger UFO mural
In short
The 10th US Circuit Court of Appeals upheld a lower ruling favoring Cozy Inn owner Steve Howard, concluding the City of Salina violated his First Amendment rights. Officials had stopped artist Colin Benson just hours into the painting project in November 2023 by classifying the design as an oversized commercial sign. The court rejected municipal safety arguments and noted the city engaged in unlawful prior restraint by stalling the owner's permit for three years. The ruling clears the path for the historic six-stool burger counter, which has operated since 1922, to finally complete the artwork.
Key points
- Salina failed to demonstrate with adequate evidence that commercial murals create more pe…: Salina failed to demonstrate with adequate evidence that commercial murals create more pedestrian or traffic hazards than exempt non-commercial art.
- The appellate panel determined the municipality imposed an unconstitutional prior restrai…: The appellate panel determined the municipality imposed an unconstitutional prior restraint by leaving the owner's sign application unresolved for three years.
- Howard successfully challenged the local commercial sign classification with legal repres…: Howard successfully challenged the local commercial sign classification with legal representation provided by the Kansas Justice Institute.