CONWAY, N.H. (WBZ NewsRadio) — A mural created by local high schoolers for Leavitt’s Country Bakery in Conway, N.H. back in 2022 is the subject of a trial over First Amendment rights on Thursday.
The mural depicts a large mountain range made of bakery goodies with a beam of sunshine glazing over it.
Due to the size and positioning of the mural above the bakery, the town’s zoning board determined the mural was more of an advertisement than artwork. The board also said its size of 90-square-feet is four times larger than what the local sign code allows.
The board also noted if the displayed mountain range was of real mountains, instead of actual items found inside the bakery, it could stay, as it wouldn’t be considered an advertisement.
The owner of the bakery, Sean Young, was told to change the sign or he could face criminal charges. In response, Young filed a lawsuit to keep the mural. His lawyers argue the town’s definition of a sign is too broad, and nothing negative has been proven to happen if the mural isn’t removed. Young is also asking for $1 in damages.
Lawyers for the town of Conway stated in a court document, obtained by the AP, that "restricting the size of signs serves the significant government interest of preserving the town's aesthetics, promoting safety, and ensuring equal enforcement."
A federal judge in New Hampshire is set to review the case to determine whether the town is infringing on Young’s freedom of speech. In the wake of the case, the town passed an ordinance last year that requires public art to be approved by the Selectboard.
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