Those who have said “you can’t fight City Hall” must not have been selling baked goods. A New Hampshire federal judge sided with a local bakery in its fight against the town of Conway over a mural of the pastries it sells.
District Judge Joseph Laplante ruled Monday, May 19, that Leavitt’s Bakery owner Sean Young’s 90-square-foot mural above his bakery is constitutionally protected free speech that can’t be stifled by the town’s zoning laws. The mural was painted by local students in 2022.
“This is a major win for public art and First Amendment rights,” the bakery said in a statement posted to Facebook.
The city’s ordinance addresses outdoor advertising, limiting the size and other details. Town authorities deemed the mural an advertisement that was several times larger than what is permitted.
Young sued in 2023 after facing misdemeanor charges and fines once his appeals ran out.
The ruling
Laplante’s ruling doesn’t strike down the town ordinance, dispute that the sign is commercial speech, or that the town violated the owner’s First Amendment right to freedom of speech. It does rule that the town’s application of the ordinance to the mural “does not withstand any level of constitutional scrutiny.”
Laplante noted that the city “conducted themselves conscientiously and in good faith in managing town business.”
Double standard
The town argued that the mural didn’t adhere to town zoning laws regarding size or content in outdoor signage, meant to preserve driver safety and town aesthetics. The judge took issue with the double standard that zoning officials applied to the bakery compared to other businesses. The town had previously granted other business displays that advertised the services they offered.
One local ice cream shop was allowed to have garbage cans shaped like ice cream cones. Another variance was given to the Mt. Washington Observatory for its window coverings detailing the inside of the observatory.
At one point, Young asked the zoning official if the image would be classified as a painting if he wrote, “The Town of Conway hates the Kennett High School art students.” The town employee said that the hypothetical change would be enough to classify the mural as art and not run afoul of the signage rules.
Young asked for $1 in damages.
