CONCORD, N.H. — A bakery proprietor in New Hampshire shared his experience in court on Friday, expressing his frustration after a zoning code official insisted that a mural showcasing giant pastries created by high school students had to be modified or taken down due to regulations deeming it a sign.
Sean Young asserted that the mural, which is displayed prominently on top of Leavitt’s Country Bakery, is a piece of art that was never meant to serve as advertising. “I felt artistically insulted on behalf of the students,” he remarked. Young is currently in a legal battle against the town of Conway, claiming that his First Amendment rights to free speech are being violated. “It’s upsetting to even consider its removal,” Young stated during the court proceedings.
The vibrant mural depicts sun beams casting light over a mountain range composed of elaborate pastries, including chocolate and strawberry doughnuts, a blueberry muffin, and a cinnamon roll. The case has reached the attention of a federal judge, Joseph Laplante, who is examining whether the town’s actions represent a breach of Young’s rights. After a full day of trial, Judge Laplante has not yet issued a ruling and has allowed time for both parties to submit further arguments.
Meanwhile, the mural has been permitted to stay in place since its initial unveiling in June 2022. However, the zoning board concluded that it constitutes advertising rather than legitimate art. Board members indicated that since the mural features the very baked goods sold inside the bakery, it fails to meet the definition of art that could remain without further modifications, especially given its dimensions. Measuring approximately 90 square feet, the mural exceeds the zoning code’s size limitations for signs by four times.
Zoning officer Jeremy Gibbs, who issued the citation, confirmed in court that he was simply adhering to the town’s definition of a sign, a definition that elicited commentary from lawyers and the judge due to its broad applicability. According to Conway’s sign code, a sign is described as “any device, fixture, placard, structure or attachment that employs color, graphics, illumination, or writing to advertise or convey information to the public for any entity.”
Gibbs elaborated that without stringent regulations, there could be a proliferation of signs that lead to safety hazards, such as distracted drivers. He added that with Conway’s proximity to the picturesque White Mountains, there is a significant influx of tourists drawn to the area’s natural beauty. If signage were unregulated, Gibbs warned, it could threaten the charm of the surroundings.
Adding a touch of humor to the proceedings, Judge Laplante remarked, “It’s quite surprising that no one thought to bring doughnuts to this trial.” He also engaged Young in light-hearted banter, asking him to identify each pastry in the mural, beginning with a scone positioned at the left. Their interaction included a playful debate over whether a raspberry cookie in the painting was in fact the top of a cupcake.
New England bakery proprietor expresses discontent over town’s ruling on pastry art.
