A bakery is suing a New Hampshire town in US district court over the future of a mural depicting baked goods in a case with First Amendment implications.
Last spring, Leavitt’s Country Bakery commissioned a mural above its storefront in Conway. A week later, the bakery was notified by an assistant code enforcer that the mural was in fact a sign, and that it violated the town’s zoning ordinances because it was too large.
The bakery was told to take the mural down. Instead, on Tuesday, it filed suit in US district court in Concord claiming that the town’s order is a violation of its First Amendment rights.
There are several issues at hand. According to bakery owner Sean Young, the idea for the mural came when he learned that students at nearby Kennett High Art were looking for a place to paint a class project. Mr Young volunteered the facade above the bakery, and the students painted a colorful mural depicting the rising sun and the White Mountains made of doughnuts, cinnamon rolls, muffins, and other baked goods.
According to bakery lawyer Elizabeth Sanz, the mural would not have been considered a sign if it had depicted something other than what the bakery sells.
“This logic is silly, but it has serious consequences, for the town has now threatened enforcement against the mural,” Ms Sanz said at a press conference on Tuesday. Her comments were reported by The Conway Daily-Sun.
The lawsuit asks for a judgment that the town’s policies regarding murals are unconstitutional and a preliminary judgment barring the town from enforcing its zoning code against the bakery. It’s also asking that the town be ordered to pay for attorney’s fees and pay $1 in damages for violating Mr Young’s constitutional rights.
While the $1 would be symbolic, the stakes in the lawsuit are not. According to Ms Sanz, Mr Young is facing daily fines of $275 and possible criminal charges if he does not take down the mural and if his suit is not successful in court. The bakery, which Mr Young bought just last year, has been open in Conway for more than four decades.
“I’m here to stand up for the local students, for artists everywhere,” Mr Young said at the press conference. “I don’t think the government should be allowed to tell them what to do with their art. We are not going to be bullied by the town officials who are trying to impose an ordinance on us. And I think the First Amendment is the cornerstone of democracy.”
