A New Hampshire town’s attempt to force a bakery to remove or alter its painting that shows sunbeams shining down on a m
ountain range of doughnuts, a muffin, a cinnamon roll and other pastries is unc
onstitutional, a judge ruled in a First Amendment dispute.
The town of Conway infringed on the free speech rights of bakery owne
r Sean Young, U.S. District Judge Joseph Laplante recently ruled, following a one-day trial in February.
The judge ordered the town to stop any efforts at enforcing its sign code regarding the mural painted by high school studen
ts atop Leavitt’s Country Bakery, mentioning a “complete disconnect b
etween what the ordinance purports to regulate and the town’s enforcement, as wel
l 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 community can continue to enjoy the beautiful piece of a
rt,” Young said in a statement. “I think our mural is a wonderful depiction of eve
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rything that makes the Mount Washington Valley such a great place to live.”
Young asked for $1 in damages. A lawyer representing Conway said the
y were disappointed b
eed with Laplante that the
town and its officials “conducted themselves conscientiously and in good faith in managing town business.”
The community of more than 10,000 people in the White Mountains
draws skiers, nature lovers and shoppers. Some residents want regulations enforced as they worry about overdevelopment in the tourist town.
When the mural went up in June 2022, it attracted a lot of compliments and visitors, including one from a town zoning officer.