(13 Feb 2025)
RESTRICTION SUMMARY:
ASSOCIATED PRESS
ARCHIVE: Conway, New Hampshire – 13 April 2023
1. Pastries being made in the bakery
2. Pastries in fryer
3. Store front
4. Pan of the pastry painting on the bakery
ASSOCIATED PRESS
ARCHIVE: Conway, New Hampshire – 12 April 2023
5. Wide exterior of shop
ASSOCIATED PRESS
ARCHIVE: Conway, New Hampshire – 13 April 2023
6. Town of Conway
7. STILL front of store
8. Pastries in fryer
ASSOCIATED PRESS
ARCHIVE: Conway, New Hampshire – 12 April 2023
9. Exterior of the bakery and its painting
10. Inside of store
ASSOCIATED PRESS
ARCHIVE: Conway, New Hampshire – 13 April 2023
11. Sign for Conway
VOICEOVER:
"The New Hampshire town and bakery owner are headed for trial in a First Amendment dispute about a painting of pastries. The bright painting over leavitt’s country bakery in conway shows sunbeams shining down on a mountain like range of sprinkle covered chocolate and strawberry donuts. A blueberry muffin, a cinnamon roll and other treats.
Local high school students created the painting, which has been on display since june of 2022. It’s gotten a lot of compliments. But the town’s zoning board decided that the painting was not so much art as advertising.
The board determined it was a sign, and at 90ft², the painting is four times larger than sign code allows. Board members said if the painting didn’t show it was sold inside, it wouldn’t be considered a sign and could stay put.
They told the bakery owner Sean Young that he has to modify the painting or take it down. Young wants the painting to stay where it is, as is. He sued the town in 2023, saying it’s violating his freedom of speech.
A federal judge in concord, New Hampshire, is hearing the case."
STORYLINE:
A First Amendment dispute over a bright painting that shows sunbeams shining down on a mountain range made of sprinkle-covered chocolate and strawberry doughnuts, a blueberry muffin, a cinnamon roll and other pastries is scheduled for trial Thursday.
A federal judge in New Hampshire will consider whether a town is infringing on the free speech rights of the bakery owner who’s displaying the mural over his business.
The mural atop the bakery, which was founded over 45 years ago, is a creation of local high school art students. When it went up in June 2022, the painting attracted a lot of compliments and visitors, including one from a town zoning officer.
The zoning board decided that the painting was not so much art as advertising. The board determined it was a sign, and so it could not remain as is because of its size. At about 90 square feet (8.6 square meters), it’s four times bigger than the local sign code allows.
If the painting didn’t show what’s sold inside — baked goods — it wouldn’t be considered a sign and could stay, board members said.
Lawyers for the town say that it has shown that “restricting the size of signs serves the significant government interest of preserving the town’s aesthetics, promoting safety, and ensuring equal enforcement,” according to a court document.
Young was told to modify or remove the painting. Faced with possible misdemeanor criminal charges and fines after his appeals were rejected, he sued the town in federal court in 2023, saying his freedom of speech rights were violated.
Young is asking for $1 in damages. His lawyers say the town’s definition of a sign is overly broad and that the town hasn’t shown that anything bad will happen if the painting continues to stay up. It hasn’t been removed.
AP Video shot by Robert Bukaty
Production and voiceover by: Ty ONeil
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