MANDAN, N.D. (KFGO) – A settlement has been reached in a legal battle over a western-themed mural on the outside of a bar in Mandan, N.D.
Brian Berube and August Kersten, co-owners of the Lonesome Dove, filed a federal lawsuit last year after the city ordered the mural removed. Attorneys for the Lonesome Dove argued that the mural is protected free speech.
“I wasn’t going to lay down because they told me to” Berube told KFGO News. “They picked on the wrong guy. If you believe in the rights we’re supposed to have, anybody can win” Berube said.
“It’s just a matter of duration. They try to play you out. They like to intimidate people, strut their power. I was just mad at the time. Needless to say, it just did not sit well with me.”
A federal judge approved the settlement Monday. Berube says the city has agreed to change ordinances that regulate murals and refund $150.00 in permit fees.
The Lonesome Dove was represented by the Institute for Justice, an Arlington, VA law firm that specializes in First Amendment issues.
“It’s about the principle” according to Institute for Justice attorney Erica Smith. “I would think the city has better things to do with its time than try to crush small businesses for trying to beautify the city with their murals.”