New Hampshire bakery wins free speech case over a pastry shop painting

CONCORD, N.H. — A New Hampshire town’s attempt to force a bakery to remove or alter its painting that shows sunbeams shining down on a mountain range of doughnuts, a muffin, a cinnamon roll and other pastries is unconstitutional, a judge ruled in a First Amendment dispute.

CONCORD, N.H. — A New Hampshire town’s attempt to force a bakery to remove or alter its painting that shows sunbeams shining down on a mountain range of doughnuts, a muffin, a cinnamon roll and other pastries is unconstitutional, a judge ruled in a First Amendment dispute.

The town of Conway infringed on the free speech rights of bakery owner Sean Young, U.S. District Judge Joseph Laplante ruled Monday, following a one-day trial in February.

He ordered the town to stop any efforts at enforcing its sign code regarding the mural painted by high school students atop Leavitt’s Country Bakery, mentioning a “complete disconnect between what the ordinance purports to regulate and the town’s enforcement, as well as the illogical way it applied and explained that enforcement” to Leavitt’s.

“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. “I think our mural is a wonderful depiction of everything that makes the Mount Washington Valley such a great place to live.”

Young asked for $1 in damages. A lawyer representing Conway said they were disappointed by the outcome, but agreed with Laplante that the town and its officials “conducted themselves conscientiously and in good faith in managing town business.”