It’s for Aesthetics
In 2022, high school students painted a mural on Leavitt’s Country Bakery in Conway, N.H. Then the town’s zoning officials took a look at it. “They said it would be art elsewhere,” said Sean Young, who owns the bakery. “It’s just not art here.” The chair of the zoning board agrees. “You look and you see a mountain,” John Colbath said. “But the general public sees donuts on the front of the bakery.” The mural shows a mountain range of baked goods. Because the painting represents baked goods on a bakery, the town considers it a sign, and its lawyers say “restricting the size of signs serves the significant government interest of preserving the town’s aesthetics, promoting safety, and ensuring equal enforcement.” But the nonprofit law firm that has taken up the case, the Institute for Justice, says, “Government officials don’t get to tell people, including entrepreneurs and businesses, what they can and can’t paint.” Young is suing the town. If he wins, he could get the $1 he’s asking for. If he loses, he, or at least his business, could be charged with a misdemeanor for having a prohibited sign. (AC/AP) ...Whether or not the mural’s an ad, it’s certainly making people aware of Leavitt’s Country Bakery.Story Update: Justice moved quickly: just three months later, U.S. District Court Judge Joseph Laplante issued his ruling. “Conway’s enforcement is unconstitutional as applied to the plaintiffs’ display. Conway is enjoined from enforcing its ordinance against Leavitt’s bakery in the operationally illogical, textually unsupportable manner it employed in this instance.” Further, he pointed out the town had allowed other murals to remain up, and if those didn’t impact safety or damage the natural beauty of the town, why did this one? Indeed, targeting the bakery’s sign, he ruled, has “no rational connection to any of its stated interests” of safety and beauty, and is therefore unconstitutional. Judge Laplante had previously issued a Temporary Restraining Order against the town to allow the mural to remain while the lawsuit proceeded.
Original Publication Date: 16 February 2025
This story is in True’s book collections, in Volume 31.
This story is in True’s book collections, in Volume 31.
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