A First Amendment dispute is unfolding in Conway, New Hampshire, over a mural painted on a bakery as its owner challenges local zoning laws. A federal judge will determine if the town's actions infringe on free speech rights. The mural, painted by local high school students in June 2022, depicts pastries and is displayed on Sean Young's Leavitt's Country Bakery. The town zoning board said that the mural amounted to a sign due to its depiction of baked goods, violating local regulations with its 90 square feet size, which is four times larger than permitted.
Young faces potential misdemeanor charges and fines. In response, he sued the town in 2023, claiming his freedom of speech rights were violated. He seeks $1 in damages. The Virginia-based Institute for Justice supports Young, criticizing the town's decision. The Institute said: "Government officials don't get to tell people, including entrepreneurs and businesses, what they can and can't paint." The case highlights Conway's approach to commercial speech. The town's sign code is strictly enforced; past cases involved an ice cream parlor's trash cans and a sporting goods store's window screens being deemed signs.
Residents previously considered revising sign definitions, but no changes were made. A new ordinance on art criteria does not apply to Young's case. Says Young: "I think the whole town is following this story." The bakery, which is over 45 years old, is well known in the community of over 10,000 near the White Mountains. (This story was generated by Newser's AI chatbot. Source: the AP)
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