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Federal Judge Rules Conway's Enforcement Against Bakery Mural Unconstitutional

The court barred Conway, New Hampshire, from regulating a student-painted mural under its sign code, citing First Amendment violations.

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)
FILE -- A T-shirt showing the painting displayed outside Leavitt's Country Bakery, is displayed in the store in this April 13, 2023 file photo, in Conway, N.H. (AP Photo/Robert F. Bukaty, file)

Overview

  • A federal judge ruled that Conway's efforts to regulate a bakery's 90-square-foot mural as an oversized sign violated the First Amendment.
  • The mural, depicting pastries arranged like a mountainous horizon, was painted by Kennett High School students in 2022.
  • Judge Joseph Laplante found the town’s enforcement illogical and content-based, permanently barring further action against the artwork.
  • The town's broad sign code remains valid, but Conway officials were criticized for selectively applying it to restrict expressive displays.
  • Bakery owner Sean Young, represented by the Institute for Justice, welcomed the ruling as a victory for free speech and community art.