Pastry artwork pits bakery against town in free speech suit

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Where is the line between art, and advertising? The unresolved question is testing the direct democracy of a small New England town, where a painting of pastries has led to zoning dispute, a First Amendment lawsuit and a local vote.

A customer holds the door for a family arriving at Leavitt's Country Bakery, Thursday, April 13, 2023, in Conway, N.H. The large painting of pastries created by students and displayed over the bakery is at the center of a legal battle pitting a zoning ordinance against freedom-of-speech rights. A customer holds the door for a family arriving at Leavitt's Country Bakery, Thursday, April 13, 2023, in Conway, N.H.

CONWAY, N.H. — Bakery owner Sean Young was thrilled when high school art students covered the big blank wall over his doorway last spring with a painting of the sun shining over a mountain range made of sprinkle-covered chocolate and strawberry donuts, a blueberry muffin, a cinnamon roll and other pastries.

The display got rave reviews, and Young looked forward to collaborating with the school on more mural projects at his roadside bakery in Conway, New Hampshire. Then the town zoning board got involved, deciding that the pastry painting was not so much art as advertising, and so could not remain as is because of its size. Faced with modifying or removing the mural, or possibly dealing with fines and criminal charges, Young sued, saying the town is violating his freedom of speech rights.

The painting could stay right where it is if it showed actual mountains, instead of pastries suggesting mountains, or if the building wasn’t a bakery.“They said it would be art elsewhere,” Young told The Associated Press in an interview. “It’s just not art here.”The controversy has residents of this town of 10,000 grappling with big questions about creativity and liberty as it tries to preserve its rural character.

 

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Just have the sun rays shooting out of Jesus' hands. That'll settle things

Shouldn't it be 'doughnut' as per AP style? YouCanLookItUp

Same thing happened in Mount Pleasant SC several years back (the town eventually embraced murals)

It looks tacky and if the town wants to be rid of advertising it’s the towns right.

It doesn't matter. Art and advertising are both protected by the First Amendment.

Oh wait, 🙅🏻‍♂️ I thought you said, where is the line between ... Advertising AND Entertainment! 🤷🏻‍♂️

There was a town vote that attempted to better define what a 'sign' was which would have allowed it to stay and no changes were passed. Souds like the people used their voice and it should come down.

Interview with the bakery's owner here:

Paint a couple vertical white lines on it to divide the signage into areas that meet the zoning board's max sign size.

Do we support the bakery's right to not bake the cake?

There is only one problem here, government.

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