Judge affirms bakery's right to keep donut mural in New Hampshire

In February 2023, a federal court in Concord, New Hampshire, addressed a legal dispute regarding a mural painted on the front of Leavitt's Country Bakery. The mural, depicting an array of baked goods such as donuts and muffins against a scenic background, was created by high school students as a community art project. Shortly after its installation in June 2022, local code enforcement officials declared the mural a violation of town zoning laws, classifying it as a sign due to its depiction of products sold at the bakery. This designation triggered size restrictions that exceeded the mural’s area, which measured approximately 90 square feet. The bakery owner, Sean Young, contested this decision, asserting that government enforcement was selective and violated the First Amendment rights to free speech. At a one-day trial, Judge Joseph Laplante evaluated the town's defense, which stated that the sign code served important governmental interests, such as preserving aesthetics and safety. However, he found a discrepancy in how Conway's regulations were enforced, with enforcement appearing to target depictions of commercial entities while allowing other artistic expressions to flourish freely. After considering the evidence, the court ruled that the town's attempt to regulate the mural not only infringed on Young’s free speech rights but was also inconsistent with the constitutional framework surrounding the regulation of public speech. The judge emphasized that Town officials had failed to apply the sign code uniformly and highlighted the need for equal treatment of all types of displays. The ruling signaled a victory for artistic expression in public spaces, allowing Young to keep the mural intact. In response to the ruling, Young expressed relief and gratitude, endorsing the mural as a representation of the local community's cultural values. He remarked that the artwork contributes to the local landscape, enhancing the charm of Mount Washington Valley. Despite some community members expressing concerns over regulations and potential overdevelopment, this case highlighted the tension between business interests, community expression, and municipal regulations. The town's lawyer acknowledged disappointment in the outcome but maintained that officials had acted in good faith. The decision underscores an essential aspect of First Amendment rights in regulating displays and reinforces that municipalities cannot selectively enforce signage laws based on interpretation of content, which could lead to discrimination against certain forms of speech.