MANDAN, N.D. (KFGO) – A legal settlement is being discussed between the city of Mandan and the owners of a bar who filed a federal lawsuit after the city ordered the removal of an outdoor mural.
The Lonesome Dove was told to remove the western-themed mural because the business doesn’t have a permit. The bar’s attorneys say the mural is protected by the First Amendment.
“The First Amendment doesn’t let the city decide what speech is okay” according to Erica Smith, an attorney with the “Institute for Justice” in Arlington, Va. Smith says the lawsuit is designed to bring Mandan’s sign code into “constitutional compliance.”
According to court documents, a federal judge has instructed both parties to continue “good faith” discussions to avoid a trial and that more progress is expected.
The lawsuit is asking for $1.00 in symbolic damages. A court order remains in effect that prevents the city from enforcing any of its mural regulations until the dispute is resolved.
