Mouthwatering mural or oversized ad? Judge to decide fate of pastry painting

• A federal judge will decide if the 90-square-foot mural above a New Hampshire bakery is art or an advertisement in a case that could set a new precedent for what’s considered free speech.
• The mural at Leavitt’s Country Bakery in Conway, New Hampshire, depicts the pastries the business sells, which the town’s zoning board says classifies it as a sign that does not adhere to town code.
• The judge will decide if the painting is protected by the First Amendment.

Full Story

A federal judge in New Hampshire will decide if a bakery’s mural depicting items it sells is breaking the law. At the center of the argument, is a small roadside bakery in the town of Conway, New Hampshire, tucked away about 130 miles north of Boston along the state’s border with Maine.

What’s the issue?

The mural above Leavitt’s Country Bakery was painted by local high school students in 2022. Since it went up, it has attracted a lot of attention – including from a town zoning officer.

While the 90-square-foot area where it’s painted is perfect for a mural, according to Conway’s zoning board, it’s not art. The board claims it’s an advertisement since it shows items that can be bought inside.

Download the SAN app today to stay up-to-date with Unbiased. Straight Facts™.

Point phone camera here

Advertisements fall under the category of signs. The town has strict rules about how big signs can be, which is a maximum of four times smaller than the mural is.

Why is it a problem?

The zoning board said if the mural showed something other than what’s for sale inside the bakery, it would not be considered a sign and therefore would not be an issue.

The bakery’s owner, Sean Young, was ordered to either change or remove the painting or face possible misdemeanor criminal charges and fines. After Young’s appeals were rejected by the zoning board, he sued the town in federal court in 2023 saying its determination violated his right to free speech.

Court documents show the town’s lawyers argue size restrictions on signs preserve the town’s aesthetics, promote safety and ensure equal enforcement. Young’s lawyers argue the rule is overly vague and town leaders can’t prove anything bad will happen if the painting stays up.