By Susan
April 1, 2026
Amicus brief supports the First Amendment rights of small business owners nationwide against burdensome government regulations
WASHINGTON, D.C. (April 1, 2026) – NFIB filed an amicus brief in the case Cozy Inn, Inc., et al., v. City of Salina, Kansas at the U.S. Court of Appeals for the Tenth Circuit. The case involves the tradition of artistic expression protected by the First Amendment and the speech rights of small business owners nationwide. NFIB’s brief argues that the Cozy Inn’s proposed mural is squarely protected by the First Amendment and requests the Tenth Circuit to uphold a previous ruling in support of the Cozy Inn’s constitutionally protected speech.
“The district court correctly determined that the Cozy Inn’s proposed mural and other public artwork sponsored by small businesses falls squarely within the tradition of artistic expression protected by the First Amendment,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “The Tenth Circuit should affirm that decision and restore confidence to small business owners who use murals and other kinds of artwork to contribute to their communities, honor local history, and attract people to their stores.”
NFIB’s brief argues three main points: 1) Murals benefit residents and small businesses alike; 2) Artistic expression does not lose its First Amendment protection merely because it is economically motivated; and 3) Complying with speech regulations like Salina’s sign code is especially burdensome for small businesses, including NFIB’s members.
The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.
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