New Hampshire Town Passes Art Ordinance Amid First Amendment Dispute

A sign marks the southern border of rural Conway, N.H., Thursday, April 13, 2023. Residents have passed a public art ordinance after a well-intentioned school art project – a large painting of

A recent ordinance passed in a New Hampshire town has sparked controversy over public artwork and First Amendment rights. The town of Conway approved the ordinance by a significant margin during a recent election, aiming to provide guidelines for public and commercial art installations.

The ordinance was proposed in response to a legal dispute involving a local bakery owner and a large pastry painting displayed on the storefront. The painting, created by high school students, features a mountain range made of various pastries and exceeds the town's size restrictions for signage.

Under the new ordinance, applicants must adhere to specific criteria for art on public and commercial property. While the zoning and planning boards are tasked with evaluating the appropriateness of themes and designs, the process is designed to avoid censorship of artistic expression.

Despite efforts to frame the ordinance as a positive step towards promoting community art, critics argue that it could lead to government overreach and limit free speech. The bakery owner's lawyer raised concerns that the ordinance could empower town officials to act as 'speech police' by restricting certain types of artwork based on content or origin.

It was prompted by a legal dispute involving a bakery owner and a pastry painting.

The ordinance aims to provide guidelines for public and commercial art installations.

Art applicants must meet specific criteria under the new ordinance.

The bakery owner, who has been at the center of the legal battle, expressed disappointment with the ordinance, emphasizing that local officials should not have the authority to dictate artistic choices. The lawsuit over the pastry painting remains unresolved, with a trial scheduled for November.

While supporters of the ordinance view it as a means to streamline the approval process for public art, opponents fear that it could stifle creativity and impose unnecessary restrictions on artistic expression. The town's attorney has yet to comment on how the ordinance will impact existing artwork, leaving the future of the controversial pastry painting uncertain.

As the community grapples with balancing artistic freedom and regulatory oversight, the outcome of this legal battle could have broader implications for public art initiatives in the town of Conway.