By Associated Press - Sunday, February 9, 2020

MANDAN, N.D. (AP) - A Western-themed bar is working with the city of Mandan to settle a federal lawsuit over a mural in front of the building, according to court documents.

Owners of the Lonesome Dove sued the city over freedom of speech last May after they were ordered to remove the mural. The painting depicts the name of the bar along with a rearing horseman against brown hills at sunset.

In response, the city decided in July not to accept mural applications until the lawsuit ended or the city passed a new ordinance. The city approved an ordinance in December, allowing the Lonesome Dove to keep its mural but holding new murals in the city to different standards.



The Bismarck Tribune reports both sides are working toward reaching an out-of-court settlement of the lawsuit, according to a Jan. 15 order by U.S. District Judge Dan Hovland.

The two sides are still negotiating final details, said Robert Frommer, a senior attorney with the Institute of Justice, the law firm representing the Lonesome Dove.

“We’re still trying to secure not only our client’s rights but the rights of everyone else in the town,” he said.

City Planner John Van Dyke, who has been involved in the talks, declined to comment on negotiations.

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