Lawyers in a First Amendment lawsuit that pits a New Hampshire bakery owner against a town zoning ordinance over a large painting of doughnuts and other pastries are hoping that a judge can resolve the matter after voters didn't.
Published 4 hours agoLawyers in a First Amendment lawsuit that pits a New Hampshire bakery owner against a town zoning ordinance over a large painting of doughnuts and other pastries are hoping that a judge can resolve the matter after voters didn't.Both sides “agree that they will have to litigate this controversy,” according to a joint statement filed late Wednesday in federal court.
Last year, high school art students covered the big blank wall above Leavitt's Country Bakery in Conway with a painting of the sun shining over a mountain range made of sprinkle-covered chocolate and strawberry doughnuts, a blueberry muffin, a cinnamon roll and other pastries.Sign up for NECN newsletters.
But the town zoning board decided that the painting was not so much art as advertising, and so could not remain as is because of its size. At about 90 square feet , it's four times bigger than the local sign code allows. Faced with modifying or removing the mural, or possibly dealing with fines and criminal charges, Young sued in January, 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.
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