Judge Rules New Hampshire Town Violated Bakery’s Free Speech Over Donut Mural

A federal judge has ruled that the town of Conway, New Hampshire, violated the First Amendment rights of a local bakery owner by attempting to force the removal or alteration of a mural depicting sunbeams shining down on doughnuts, muffins, and other pastries, as per The AP.

U.S. District Judge Joseph Laplante issued the decision Monday, siding with bakery owner Sean Young after a one-day trial in February. The mural, painted by high school students in 2022 atop Leavitt’s Country Bakery, had been deemed a violation of Conway’s signage code due to its size and content — which zoning officials said constituted advertising.

In his ruling, Laplante criticized the town’s inconsistent and “illogical” application of its sign ordinance. He issued an injunction blocking any further enforcement actions related to the mural.

“There was a complete disconnect between what the ordinance purports to regulate and the town’s enforcement,” Laplante wrote, pointing out that the definition of a “sign” in Conway was so broad it seemed to cover “everything.”

Young, who had faced potential fines and even misdemeanor criminal charges over the mural, celebrated the ruling.

“I’m thrilled that the students’ artwork can remain up, that my First Amendment rights have been vindicated, and that the community can continue to enjoy the beautiful piece of art,” he said in a statement. “Our mural is a wonderful depiction of everything that makes the Mount Washington Valley such a great place to live.”

The town argued that the mural violated local rules because it showed products sold inside the bakery. If it had depicted something unrelated to the business, the town said, it would not have been considered a sign.

The 90-square-foot mural was nearly four times larger than allowed under Conway’s sign ordinance. Town officials said the size limits are intended to preserve community aesthetics, ensure public safety, and promote fair enforcement.

Despite the loss, a lawyer for Conway said the town had acted in “good faith.”

Some residents called the town’s actions misguided, especially given the mural’s community roots. Gay Moceri, a retired teacher, said the town sent a “horrible” message to the students who created it.

Young had only asked for $1 in damages.