How Free Is New Hampshire? A Fight Over Doughnuts Is About to Decide
Painting over a bakery’s entrance has turned into a free speech battle for the ages; trial set for February
Etienne Note: I sent this bakery owner a copy of "Government" and information on the Free State Project. If you want me to keep donating copies of “Government” in New Hampshire as part of our Pre-State Project then you can donate copies of “government” specifically Here and Here.
New Hampshire lets adults drive without a seat belt, ride without a helmet and pay no sales tax. But when Sean Young tried to hang a painting over the front door of his doughnut shop, he found out that the liberty-loving state has its limits.
The painting—a mountain range made of muffins and doughnuts—has thrust the Conway, N.H. businessman into a First Amendment battle that has divided this picturesque community and sparked debate about the state’s commitment to free speech.
“Live free or die, unless you’re hanging artwork,” said Young, referring to the state motto.
Young thought he was doing a good deed when he bought Leavitt’s Bakery in Conway during the pandemic. One of his first acts as owner of the local institution famous for homemade doughnuts was to let art students from the local high school create a colorful painting for the entrance.
The students came up with a whimsical take on the area’s famous White Mountains, which appear as muffins, doughnuts, danishes and other treats that the bakery sells. Instead of crests and crannies, Young’s pastry peaks have sprinkles and swirls.
But after he hung the painting, Young found out he was in violation of Conway’s local zoning law. He was told to take it down or adjust the size. At 91 square feet, it was nearly four times larger than allowed, the town said.
Rather than acquiesce, Young fought back. He believes the law is being incorrectly applied to his muffin mountains. The painting is a mural, not a commercial sign, and the town doesn’t have the right to regulate his content, he says.
“What they’ve said is that if it were actual mountains, or flowers or something that we don’t sell in the bakery, it would be OK. Or if it were on the farm stand across the street, it would be OK,” he said.
Young filed a First Amendment lawsuit against the town. He’s suing to keep his mural, and seeking $1 in damages. New Hampshire federal court judge has ordered a bench trial for February so both sides can present evidence and witnesses. Lawyers representing Conway didn’t reply to requests for comment.
The spat has stoked tensions in the community that have been on full display at town meetings.
Some say rules like this are actually core to New Hampshire. Yes, there’s the old New England attitude of “you take care of you, I take care of me,” said historian Jeff Bolster. But on the flip side, there’s an equally strong tradition of self-government through community service, with all residents expected to do their part, he said.
Many locals have shown up at town meetings to offer public support for Young as he appealed the zoning board’s decision.
Rather than acquiesce, Young fought back. He believes the law is being incorrectly applied to his muffin mountains. The painting is a mural, not a commercial sign, and the town doesn’t have the right to regulate his content, he says.
“What they’ve said is that if it were actual mountains, or flowers or something that we don’t sell in the bakery, it would be OK. Or if it were on the farm stand across the street, it would be OK,” he said.
Young filed a First Amendment lawsuit against the town. He’s suing to keep his mural, and seeking $1 in damages. New Hampshire federal court judge has ordered a bench trial for February so both sides can present evidence and witnesses. Lawyers representing Conway didn’t reply to requests for comment.
The spat has stoked tensions in the community that have been on full display at town meetings.
Some say rules like this are actually core to New Hampshire. Yes, there’s the old New England attitude of “you take care of you, I take care of me,” said historian Jeff Bolster. But on the flip side, there’s an equally strong tradition of self-government through community service, with all residents expected to do their part, he said.
Many locals have shown up at town meetings to offer public support for Young as he appealed the zoning board’s decision.
“I’m very familiar with your sign policies, which are all over the place,” fourth-generation Conway resident Lisa Parent told the zoning board during one of Young’s appearances. She pointed to signs at the Settlers Green shopping plaza, down the road from Leavitt’s.
“If we want to go by the definition that [Young’s sign] does not have any writing on it, but it’s got a doughnut on it, then Settlers Green should have to paint all its murals out,” she said. “They’ve all got shoes or clothes or something on them related to the businesses in that plaza.”
Support for Young didn’t stop Conway residents from approving a new ordinance this spring that requires town approval for public art displays. It also sets parameters on what types of artworks will get a thumbs-up.
Public art is “representative of the community and the natural beauty of the Mount Washington Valley,” but doesn’t display “prices, products or services for any commercial use,” says the ordinance, which is not part of Young’s lawsuit.
Conway voters passed it 1,277 to 423 in April.
Bolster said it goes against the greater good to mar the area’s Old New England charm. “New Hampshire has to stay inviting in certain ways, and promote ecotourism, green tourism, hiking, skiing, covered bridges, and so on,” he said.
Leavitt’s has operated from a roughly 1,300-square-foot red cabin since the 1970s.
“Probably a year after we bought it, a friend of mine who knows the local high school art teacher said, ‘Hey, they’re looking for a place to do an art project,’” said Young, who also owns a furniture store.
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