CONCORD, N.H. — A controversial First Amendment case involving a vibrant mural depicting sunbeams over a mountain range made of doughnuts and pastries is set for trial on Thursday. This legal battle centers on whether the local government is infringing on the free speech rights of the bakery owner displaying the artwork.
A federal judge in New Hampshire will weigh the arguments regarding the rights of a bakery owner to showcase the mural on his business. “The entire community is invested in this story,” remarked the owner of a well-known bakery in Conway, a town renowned for its outdoor recreation and shopping attractions.
The mural, created by local high school art students, was installed in June 2022 and quickly garnered positive reactions from visitors and residents alike. However, the town’s zoning board classified it as a sign rather than art, deeming its size of approximately 90 square feet to be in violation of local regulations.
Town officials argue that limiting the size of signage is essential for maintaining community aesthetics and safety. The bakery owner was directed to either modify or remove the mural, leading him to pursue legal action in federal court, claiming violations of his free speech rights.
“Entrepreneurs should have the freedom to express themselves through their business’s artwork,” stated the legal representatives of the bakery owner, asserting that the local government’s stance is overly restrictive and unjustified.
In his lawsuit, the bakery owner is seeking only $1 in damages, challenging the town’s broad interpretation of what constitutes a sign. He maintains that allowing the mural to remain poses no tangible risk to the community.
The town’s sign code asserts that while it aims to uphold individual free speech, it also reserves the right to impose reasonable limitations on commercial expressions of such speech.
Historically, the town has enforced its sign regulations with other businesses, including previous disputes over signage design. Recently, town residents contemplated refinements to the sign regulations that could accommodate the mural, but efforts to modernize the definition were unsuccessful.
A recent ordinance passed by voters mandates that commercial property artwork meets specific criteria, although it has yet to influence the ongoing case involving the bakery mural.
