A federal judge has ruled that the New Hampshire town of Conway violated the free speech rights of a local bakery owner when it attempted to force the removal or alteration of a colorful mural depicting pastries, concluding a closely watched First Amendment dispute.
U.S. District Judge Joseph Laplante issued the decision Monday, siding with Sean Young, owner of Leavitt’s Country Bakery, after a one-day trial earlier this year.
The mural, painted by local high school students, features sunbeams shining down on a mountain range of doughnuts, muffins, cinnamon rolls, and other treats.
Laplante’s order bars Conway from enforcing an ordinance against the mural related sign size, criticizing the town’s handling of the case.
He cited 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 the bakery, according to the court ruling.
Young, who had requested only $1 in damages, expressed gratitude for the judge’s decision.
Town’s Sign Ordinance
The dispute began after the mural was installed in June 2022, quickly drawing praise from residents and visitors in the White Mountains community of more than 10,000, which is known for its scenic beauty and tourist attractions.However, Conway’s zoning board classified the painting as a sign because it depicted baked goods sold inside the shop, and at approximately 90 square feet, it exceeded the town’s sign size limit by a factor of four.
Board members argued that if the mural had not shown items sold by the bakery, it would have been considered art and allowed to remain.
The town’s sign ordinance defines a sign as “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 public, whether commercial or noncommercial,” according to the ordinance.
Young sued in 2023 after being ordered to modify or remove the mural, facing possible misdemeanor charges and fines when his appeals failed.
Gay Moceri, a former English teacher from nearby Freedom, called the town’s actions “horrible,” saying it sent the wrong message to the students who created the mural. “I’ve had a grin on my face ever since I got the news because you stick to your guns and you fight for what you know is right, and sometimes the little guy does win,” Moceri said. “I’m happy for him, and I’m happy for the community that we get to keep this beautiful piece of art.”
James Lewkowicz, a longtime area visitor, also celebrated the ruling. “We’re really happy—at least I am,” he said, describing the town’s enforcement as “illogical.” He added, “I thought the town was mean. It’s little kids’ paintings. I just hope the kids who painted it are still around to come back and have a donut party.”
Town attorneys argued that restrictions on sign size serve important interests in preserving Conway’s aesthetics, safety, and equitable enforcement, according to court documents.
However, Laplante wrote that these interests “are undermined if the only regulated displays are those that depict products or services sold on the premises where the display is, and no others,” according to the ruling.
Brooke Lovett Shilo, representing Conway, said the town was disappointed but maintained that officials “will continue to work conscientiously and in good faith to ensure that the constitutional rights of all are not infringed, while maintaining public safety and Conway’s natural beauty.”
