A lawsuit filed against Mandan

A mural at Lonesome Dove, in Mandan, has gotten more attention than expected.

The city ordered them to remove it this Thursday, after deciding it wasn’t a mural. Now, the business is taking legal action. 

The owners at Lonesome Dove are suing the city of Mandan, in federal court, to not only protect the mural but also their freedom of speech. 

In August, the owners wanted to brighten up the building. They painted a mural, but did not have the permit and had to pay for one. During the course of a few months, they had to submit two separate permit applications for the mural and go to three different hearings. 

City Commissioners decided that it didn’t fit within mural requirements and that it was a sign. That’s when the owners got a lawyer. They say they’re defending their first amendment rights. 

Who put them in charge of telling us what we can do and can’t do to advertise our business or put signs on our business. We are in business to advertise and promote our business. By not being able to do that I think is wrong,” said Brian Berube, Co-owner of Lonesome Dove.

Lonesome Dove’s legal team filed a temporary restraining order Monday to protect the mural during the lawsuit. They expect to hear from the city.

Kx News reached out to all the Mandan City Commissioners, and while some didn’t respond others won’t speak on the issue due to ongoing legal matters. We were told from a commission member that they will send a statement regarding this issue. 

Copyright 2019 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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