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Federal Judge Rules Bakery Mural Protected as Free Speech

A New Hampshire town's enforcement of its sign code against a student-painted mural was deemed unconstitutional, allowing the artwork to remain in place.

FILE - Owner Sean Young poses at Leavitt's Country Bakery, in this April 13, 2023 file photo, in Conway, N.H. (AP Photo/Robert F. Bukaty, file)
FILE - A customer holds the door for a family arriving at Leavitt's Country Bakery, Thursday, April 13, 2023, in Conway, N.H. Lawyers in a First Amendment lawsuit that pits a New Hampshire bakery owner against a town zoning ordinance over a large painting of doughnuts and other pastries are hoping that a judge can resolve the matter after voters didn't. (AP Photo/Robert F. Bukaty, File)
FILE - Mount Washington dominates the scene in this view of the business district in the village of North Conway, N.H., Thursday, April 13, 2023. (AP Photo/Robert F. Bukaty, File)
FILE - A customer selects donuts at Leavitt's Country Bakery, in this April 13, 2023, file photo in Conway, N.H. (AP Photo/Robert F. Bukaty, file)

Overview

  • U.S. District Judge Joseph Laplante ruled that Conway's enforcement of its sign code against Leavitt’s Country Bakery’s mural violated the First Amendment.
  • The 90-square-foot mural, painted by local high school students, depicts baked goods forming a mountain range and was classified by town officials as an oversized commercial sign.
  • The court issued an injunction preventing Conway from enforcing its sign code against the mural, citing selective and inconsistent application of the ordinance.
  • Bakery owner Sean Young, who filed the lawsuit in 2023 with support from the Institute for Justice, expressed relief that the community can continue to enjoy the artwork.
  • While Conway officials acknowledged the ruling, they maintained that their actions were conducted in good faith and pledged to uphold constitutional rights in future regulatory practices.