Bakery in New Hampshire wins in free speech case over a pastry shop painting

CONCORD N H AP A New Hampshire town s attempt to force a bakery to remove or alter its painting that shows sunbeams shining down on a mountain range of doughnuts a muffin a cinnamon roll and other pastries is unconstitutional a judge ruled in a First Amendment dispute The town of Conway infringed on the free speech rights of bakery owner Sean Young U S District Judge Joseph Laplante ruled Monday following a one-day trial in February He ordered the town to stop any efforts at enforcing its sign code regarding the mural painted by high school students atop Leavitt s Country Bakery mentioning a complete disconnect between what the ordinance purports to regulate and the town s enforcement as well as the illogical way it applied and explained that enforcement to Leavitt s I m thrilled that the students artwork can remain up I m thrilled that my First Amendment rights have been vindicated and I m thrilled that the region can continue to enjoy the beautiful piece of art Young declared in a announcement I think our mural is a wonderful depiction of everything that makes the Mount Washington Valley such a great place to live Young required for in damages A lawyer representing Conway mentioned they were disappointed by the outcome but agreed with Laplante that the town and its administrators conducted themselves conscientiously and in good faith in managing town business The neighborhood of more than people in the White Mountains draws skiers nature lovers and shoppers Specific residents want regulations enforced as they worry about overdevelopment in the tourist town When the mural went up in June it attracted a lot of compliments and visitors including one from a town zoning officer The zoning board decided that the painting was not so much art as advertising The board determined it was a sign and so it could not remain as is because of its size At about square feet square meters it s four times bigger than the local sign code allows If the painting didn t show what s sold inside baked goods it wouldn t be considered a sign and could stay board members revealed The town has shown that restricting the size of signs serves the considerable authorities interest of preserving the town s aesthetics promoting safety and ensuring equal enforcement lawyers for Conway disclosed in a court document Laplante reported Conway s interests are undermined if the only regulated displays are those that depict products or services sold on the premises where the display is located and no others Young sued in after he was notified to modify or remove the painting which he noted was never intended to be a sign He was faced with workable misdemeanor criminal charges and fines after his appeals were rejected Both sides agreed in court that the town s definition of a sign is very broad and even the judge declared it seemed to include everything A sign in Conway is any device fixture placard structure or attachment thereto that uses color form graphic illumination symbol or writing to advertise announce the purpose of or identify the purpose of any person or entity or to communicate information of any kind to the masses whether commercial or noncommercial The town will continue to work conscientiously and in good faith to ensure that the constitutional rights of all are not infringed while maintaining populace safety and Conway s natural beauty Brooke Lovett Shilo one of the lawyers representing Conway revealed in a report Monday