In Concord, New Hampshire, a legal battle concerning the First Amendment is about to unfold in a case involving a vibrant mural on a bakery, which depicts sun rays illuminating a mountain landscape composed of various pastries, including chocolate and strawberry-doughnut-covered hills. A trial is set for Thursday as a federal judge will determine if the local government is infringing on the business owner’s free speech rights linked to the mural displayed on the exterior of his establishment.
Sean Young, the proprietor of Leavitt’s Country Bakery in Conway—located near the scenic White Mountains and home to over 10,000 residents—expressed that the town is closely following this unfolding situation. This small town attracts skiers and outdoor enthusiasts, but some locals are also raising concerns about potential overdevelopment impacting its charm.
The eye-catching mural, which has become a local focal point, was created by students from a nearby high school and installed in June of 2022. While the artwork received many positive remarks and visitors, including a town zoning officer who noticed the piece, the municipal zoning board ultimately classified it not as artwork but as a form of advertisement.
The town’s zoning board ruled that due to its size—approximately 90 square feet (or 8.6 square meters)—the mural infringed upon local sign regulations, as it exceeded the prescribed limits by four times. The board argued that if the mural did not depict items sold within the bakery, it would be categorized differently and could legally remain in place.
Representatives for the town maintain that limiting the dimensions of signage is crucial for preserving aesthetic values, ensuring safety, and facilitating consistent enforcement of regulations. In response, Young faced the ultimatum of altering or removing the mural. After unsuccessful appeals and the prospect of misdemeanor charges and penalties, he took legal action against the town in federal court, asserting that his rights to freedom of speech were compromised.
The Virginia-based Institute for Justice, representing Young, emphasized that government authorities should not dictate what individuals or businesses can showcase in terms of artistic expression. They argued that altering the mural to depict flowers instead of pastries would not enhance its safety or visual appeal in the community.
Younger seeks a nominal amount of $1 in damages, contending that the town’s interpretation of what constitutes a sign is excessively broad and has failed to prove any significant risk associated with the mural remaining untouched. Despite the controversy, the artwork has not yet been dismantled.
An excerpt from Conway’s sign code indicates the town’s intention to respect individual free expression while also acknowledging its authority to impose reasonable restrictions on commercial communication. The enforcement of sign regulations has previously impacted other local businesses; for instance, an ice cream shop faced scrutiny for using trash cans styled as ice cream cones, ultimately receiving town approval to retain the design. In another instance, a sporting goods retailer agreed to remove window displays featuring mountain bikes and skis after the town categorized them as signs.
Young’s legal proceedings were temporarily halted in 2023 while residents contemplated a new definition for signs that could have permitted his mural to remain. However, this proposal was deemed overly expansive and intricate, resulting in its rejection. A new ordinance was introduced last year which established specific criteria for art displayed on public and commercial properties, yet it has not been applicable in Young’s case.
