A New Hampshire bakery owner is taking on local regulations in the name of culinary creativity, sparking a debate over artistic expression and free speech.
Bakery Owner Challenges Local Ordinance Over Artistic Expression in Pastry Design
A Matter of Free Speech
Sean Young, owner of Leavitt’s Country Bakery in Conway, New Hampshire, is suing the town over what he claims is a violation of the First Amendment‘s guarantee of free speech. According to ‘it’s not about advertising but rather artistic expression‘ , Young said.
The 90-square-foot painting created by high school students is a beautiful piece of artwork, according to Sean Young. The painting depicts sunbeams shining down on a mountain range made of sprinkle-covered chocolate and strawberry doughnuts, a blueberry muffin, a cinnamon roll, and other pastries.
The Zoning Board’s Ruling
The town’s zoning board determined that the painting is considered a sign because it advertises the bakery’s products. However, if the painting did not show what was sold inside the bakery, it would not be considered a sign and could remain. The board members stated that the size of the painting is four times bigger than the local sign code allows.
Municipal regulations refer to laws and ordinances enforced by local governments to maintain public order, safety, and health.
These regulations cover various aspects of community life, including zoning, building codes, noise ordinances, and waste management.
According to a survey, 75% of municipalities have implemented regulations to address 'climate change'.
Municipal regulations are typically enacted through a formal process involving public notice, hearings, and voting by local officials.
They are enforced by municipal agencies, such as police departments and code enforcement offices.
A Question of Definition
The sign code defines a sign as ‘any device, fixture, placard, structure or attachment thereto that uses color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of any person or entity, or to communicate information of any kind to the public, whether commercial or noncommercial’ , according to Jeremy Gibbs, the zoning officer who issued the citation.
A Federal Judge’s Take
U.S. District Judge Joseph Laplante is considering whether the town is infringing on Sean Young‘s rights. He has given lawyers time to file additional briefs and has allowed the painting to remain since it was first displayed in June 2022. During the trial, Laplante even quipped about the lack of doughnuts being brought to the proceeding.
