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Conway won't appeal ruling in favor of Leavitt's Bakery mural
Conway won't appeal ruling in favor of Leavitt's Bakery mural

Yahoo

time3 days ago

  • Entertainment
  • Yahoo

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.

Bakery prevails in free-speech dispute with N.H. town over pastry mural
Bakery prevails in free-speech dispute with N.H. town over pastry mural

Boston Globe

time20-05-2025

  • Politics
  • Boston Globe

Bakery prevails in free-speech dispute with N.H. town over pastry mural

Laplante's ruling doesn't declare Conway's sign code unconstitutional as written, and it doesn't foreclose the possibility that the town might lawfully regulate the display in another manner. Get N.H. Morning Report A weekday newsletter delivering the N.H. news you need to know right to your inbox. Enter Email Sign Up Nonetheless, bakery owner Sean Young is celebrating the win and championing the painting that was produced by a group students from Kennett High School. Advertisement 'I'm thrilled that the students' artwork can remain up, I'm thrilled that my First Amendment rights have been vindicated, and I'm thrilled that the community can continue to enjoy the beautiful piece of art,' Young said in a statement released by the 'I think our mural is a wonderful depiction of everything that makes the Mount Washington Valley such a great place to live,' he added. Advertisement Owner Sean Young poses at Leavitt's Country Bakery, in this April 13, 2023 file photo, in Conway, N.H. Robert F. Bukaty/Associated Press Betsy Sanz, an attorney with the Institute for Justice, said towns can regulate the size and number of signs, but can't 'pick and choose what signs to regulate based on what they depict.' The attorneys who represented Conway officials did not immediately respond Tuesday to a request for comment. The town has enforced its sign code Young's lawsuit was paused for a few months in 2023 as residents considered revising how the town defines signs, in a way that would have allowed the painting to stay up. But that measure was seen as too broad and complex, and it failed to pass. Last year, voters This story includes material from the Associated Press. Steven Porter can be reached at

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