Can a local government prevent a business owner from painting a mural on their own property? That question is now before a New Hampshire federal court following a dispute over one bakery's painting of baked goods above its store in Conway, New Hampshire.
Leavitt's Country Bakery is an acclaimed bakery in small-town New Hampshire—even getting the No. 1 spot on a local news outlet's list of the "best doughnuts in New Hampshire" in 2022. That year, owner Sean Young collaborated with a local high school's art class to paint a mural for the store. The class painted a colorful mural of baked goods—muffins, donuts, and cookies—arranged to resemble a mountain range, with brightly colored sunbeams in the background. The mural was painted on panels and installed above the storefront.
While community members seemed to appreciate the mural, the local government did not. According to a lawsuit filed on behalf of the store by the Institute for Justice (I.J.), a public interest law firm, about a week after the mural was unveiled, the town's Code Enforcement Officer Jeremy Gibbs told Young that his mural broke local zoning rules. Further, Gibbs admitted that the action against the mural wasn't motivated by an outside complaint—instead, he decided to step in after seeing a news story about the colorful mural.
