Conway won't appeal ruling in favor of Leavitt's Bakery mural
Conway officials will not appeal a federal judge's ruling to halt efforts to take down a bakery's colorful mural.
For more than two years, the town argued the painting at Leavitt's Bakery violated the town's sign code. The mural painted by Kennett High School students depicts items sold within the bakery, such as muffins and doughnuts that were imagined as views of the White Mountains and the Mount Washington Valley.
'The town will enforce their sign ordinance going forward in compliance to the court's order,' the town said in a statement.
Judge Joseph Laplante ruled that the town's effort to force the bakery's owner, Sean Young, to take down a mural of doughnut mountains painted by high school art students was 'unconstitutional.' The ruling came after a one-day bench trial on Feb. 14.
Young, who filed a lawsuit to protect his First Amendment rights, has said he was glad the mural can stay. Young was represented by attorney Cooper Cargill. He also worked with attorneys with the Virginia-based Institute for Justice.
The town had argued the mural was an illegal sign because it depicted something Leavitt's sells: baked goods. But if it had depicted real mountains instead, no violation would have occurred, officials said.
In the ruling, Judge Laplante wrote that, though the town said it had to regulate the Leavitt's mural to maintain safety and protect the natural beauty of the town, the town allows other murals to stay up unregulated.
As Laplante wrote, the town's enforcement has 'no rational connection to any of its stated interests' such as safety and beauty and is therefore unconstitutional.
Town Planner Ryan O'Connor said the ordinance itself is legal, but the town needs to be careful in how it goes about its enforcement.
'We need to take caution going forward on how that happens and make sure that every decision is consistent; it is not based on content,' he said at the meeting. 'We are going to work with the lawyers to develop a check list and process going forward to make sure that it aligns with the order and ordinance as written.'
The work is needed to avoid any future conflicts, O'Connor said.
Town Manager John Eastman said he believes the town's sign ordinance is in 'pretty good shape.'
The ruling came down to 'inconsistency with enforcement,' he said.
'It was a really narrow decision,' he said.
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