Sean Young, the proprietor of Leavitt’s Country Bakery located in Conway, a scenic town home to over 10,000 residents near the picturesque White Mountains, has garnered widespread interest from local inhabitants regarding the legal proceedings. This area attracts various visitors ranging from skiers to nature enthusiasts and shoppers, but some community members express concerns about regulations and perceived overdevelopment threatening the character of the tourist destination.
Just before the trial was set to begin on Thursday afternoon, the proceedings were unexpectedly removed from the court schedule and postponed until Friday morning. Young’s attorney explained that the presiding judge was engaged in another trial in Vermont, thus unable to attend the session in New Hampshire.
The mural, which was established in June 2022 and is a collaborative effort of local high school art students, initially received an enthusiastic reception from community members, including a visit from a town zoning officer. However, the zoning board later controversially classified the mural as an advertisement. Citing its considerable size—approximately 90 square feet (8.6 square meters), which exceeds local sign regulations by four times—the board ruled that it could not remain as is. They noted that if the painting did not depict items sold within the bakery, it would not fall under the category of signage and would be allowed to stay.
Legal representatives for the town argue that limiting the size of signs is fundamental to maintaining the town’s aesthetic appeal, ensuring public safety, and enforcing regulations uniformly, according to court documents. In light of their findings, Young was instructed to either alter or take down the mural. Faced with potential misdemeanor charges and fines after his appeals were denied, he initiated a lawsuit against the town in federal court in 2023, claiming his rights to free speech were jeopardized.
The Institute for Justice, who is advocating for Young, stated, “Government authorities do not hold the right to dictate what individuals and business owners can create and display.” They further contested that the mural’s depiction is unlikely to present any greater risk to public safety or aesthetics if it were to feature a different subject matter, such as flowers.
Young seeks nominal damages of $1, with his attorneys arguing that the town’s expansive interpretation of what defines a sign is unreasonable. They assert that the town has failed to demonstrate any adverse implications should the mural be allowed to remain. As of now, the mural is still prominently displayed on the bakery.
It’s essential to mention that Conway’s sign regulations articulate the town’s intent not to limit individual free speech. However, they reserve the right to impose reasonable constraints on commercial messaging. Historical enforcement actions regarding the sign regulations include a 2006 instance involving an ice cream shop’s trash bins resembling ice cream cones, which were categorized as signage, and a sporting goods retailer removing window displays featuring bicycles and skis after being deemed signs.
Young’s lawsuit faced delays throughout 2023 as the town’s residents contemplated revisions to the definition of signs that might permit the mural’s continued existence. Although proposed changes were regarded as overly complicated and comprehensive, they fell short of approval. In the previous year, voters enacted a new ordinance necessitating that applicants fulfill specific criteria for artistic displays within public and commercial properties; however, this new measure does not presently pertain to Young’s situation.
