Bakery in New Hampshire wins in free speech case over a pastry shop painting

CONCORD, N.H. (AP) — A New Hampshire town’s attempt to force a bakery to remove or alter its painting that shows sunbeams shining down on a mountain range of doughnuts, a muffin, a cinnamon roll and other pastries is unconstitutional, a judge ruled in a First Amendment dispute.

The town of Conway infringed on the free speech rights of bakery owner Sean Young, U.S. District Judge Joseph Laplante ruled Monday, following a one-day trial in February.

He ordered the town to stop any efforts at enforcing its sign code regarding the mural painted by high school students atop Leavitt's Country Bakery, mentioning a “complete disconnect between what the ordinance purports to regulate and the town’s enforcement, as well as the illogical way it applied and explained that enforcement” to Leavitt's.

“I’m thrilled that the students’ artwork can remain up, I’m thrilled that my First Amendment rights have been vindicated, and I’m thrilled that the community can continue to enjoy the beautiful piece of art,” Young said in a statement. “I think our mural is a wonderful depiction of everything that makes the Mount Washington Valley such a great place to live.”

Young asked for $1 in damages. A lawyer representing Conway said they were disappointed by the outcome, but agreed with Laplante that the town and its officials “conducted themselves conscientiously and in good faith in managing town business.”

The community of more than 10,000 people in the White Mountains draws skiers, nature lovers and shoppers. Some residents want regulations enforced as they worry about overdevelopment in the tourist town.

When the mural went up in June 2022, it attracted a lot of compliments and visitors, including one from a town zoning officer.

The zoning board decided that the painting was not so much art as advertising. The board determined it was a sign, and so it could not remain as is because of its size. At about 90 square feet (8.4 square meters), it’s four times bigger than the local sign code allows.

If the painting didn’t show what’s sold inside — baked goods — it wouldn’t be considered a sign and could stay, board members said.

Gay Moceri, a former English teacher living in nearby Freedom, New Hampshire, said the town’s efforts to remove the sign were sending a “horrible” message to students “who had worked hard to do something so beautiful to contribute to the community."

”I’ve had a grin on my face ever since I got the news because you stick to your guns and you fight for what you know is right, and sometimes the little guy does win," she said. “I’m happy for him, and I’m happy for the community that we get to keep this beautiful piece of art.”

James Lewkowicz, who stopped by the donut shop with his golden retriever Tehya to offer congratulations Tuesday, called the town’s approach to the situation “illogical.”

“We’re really happy — at least I am,” said Lewkowicz, who has a house in Jackson and has been spending time in the area for 40 years. “I thought the town was mean. It’s little kids’ paintings. I just hope the kids who painted it are still around to come back and have a donut party.”

The town has shown that “restricting the size of signs serves the significant government interest of preserving the town’s aesthetics, promoting safety, and ensuring equal enforcement,” lawyers for Conway said in a court document.

Laplante said Conway's interests “are undermined if the only regulated displays are those that depict products or services sold on the premises where the display is, and no others.”

Young sued in 2023 after he was told to modify or remove the painting, which he said was never intended to be a sign. He was faced with possible misdemeanor criminal charges and fines after his appeals were rejected.

Both sides agreed in court that the town’s definition of a sign is very broad. Even the judge said it seemed to include “everything.”

A sign in Conway is “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.”

The town “will continue to work conscientiously and in good faith to ensure that the constitutional rights of all are not infringed, while maintaining public safety and Conway's natural beauty,” Brooke Lovett Shilo, one of the lawyers representing Conway, said in a statement Monday.

FILE - Owner Sean Young poses at Leavitt's Country Bakery, in this April 13, 2023 file photo, in Conway, N.H. (AP Photo/Robert F. Bukaty, file)

FILE - A customer selects donuts at Leavitt's Country Bakery, in this April 13, 2023, file photo in Conway, N.H. (AP Photo/Robert F. Bukaty, file)

FILE - A sign marks the southern border of rural Conway, N.H., Thursday, April 13, 2023. (AP Photo/Robert F. Bukaty, File)

FILE -- A T-shirt showing the painting displayed outside Leavitt's Country Bakery, is displayed in the store in this April 13, 2023 file photo, in Conway, N.H. (AP Photo/Robert F. Bukaty, file)

FILE - Mount Washington dominates the scene in this view of the business district in the village of North Conway, N.H., Thursday, April 13, 2023. (AP Photo/Robert F. Bukaty, File)

FILE - A customer holds the door for a family arriving at Leavitt's Country Bakery, Thursday, April 13, 2023, in Conway, N.H. 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. (AP Photo/Robert F. Bukaty, File)

CLEVELAND (AP) — Keyonte George scored 32 points, Lauri Markkanen added 28 and the Utah Jazz bounced back after a 55-point loss and defeated the Cleveland Cavaliers 123-112 Monday night.

George had 16 points during the third quarter, when Utah rallied from a 10-point deficit and regained control and began its five-game road trip with a victory. George also was 12 of 12 at the free throw line and had nine assists.

The win was the Jazz’s second in their past eight games and came two nights after a 150-95 loss to the Charlotte Hornets, the second-largest by scoring margin in franchise history and the biggest since they moved from New Orleans in 1979.

Markkanen, 10th in the league in scoring at 27.8 points per game, also had 12 rebounds. Jusuf Nurkik, who missed the last two games due to a toe injury, had 11 points and 17 rebounds.

Darius Garland led Cleveland with 23 points and Donovan Mitchell scored 21. The Cavaliers have dropped two of three.

PACERS 98, CELTICS 96

INDIANAPOLIS (AP) — Pascal Siakam scored 21 points, including the decisive 7-foot bank shot with 6.1 seconds remaining, and Indiana won three straight games for the first time this season, beating Boston.

Boston’s Derrick White missed a go-ahead 3-point attempt in the final seconds. He had tied the game at 96-all on a driving layup with 28.6 seconds remaining.

Siakam pump-faked and stepped inside the foul line for the high-arcing leaner that banked through in the final seconds. He also had eight rebounds and six assists.

The Pacers began the night with the NBA’s worst record but improved to 9-31, one-half game better than the New Orleans Pelicans. They were without forward Bennedict Mathurin (17.8 points per game), sidelined by a thumb injury for a fifth consecutive game.

Jay Huff had 20 points, including four 3-pointers, for the Pacers.

Payton Pritchard led the Celtics with 23 points and eight assists. White had 18 points and Anfernee Simons 16.

76ERS 115, RAPTORS 102

TORONTO (AP) — Tyrese Maxey scored 33 points, Joel Embiid had 27 and Philadelphia used an 80-point first half to beat Toronto.

VJ Edgecombe and Paul George each scored 15 points as the 76ers bounced back from Sunday’s overtime loss to Toronto to win for the sixth time in eight games.

Embiid (left knee and left groin) and George (left knee) were back in the lineup after sitting out Sunday.

Fans chanted “We want Lowry!” in the fourth quarter, then rose for a standing ovation when former Raptors player Kyle Lowry checked in for Maxey with 1:57 left to play.

Lowry starred for the Toronto team that won the 2019 NBA championship. He airballed a 3-pointer on his first attempt and missed all three shots he took.

Immanuel Quickley scored 18 points and Brandon Ingram had 17 points and 10 rebounds. Scottie Barnes scored 15 points for Toronto.

MAVERICKS 113, NETS 105

DALLAS (AP) — Cooper Flagg scored 27 points and matched a season high with three steals, and Naji Marshall had three straight baskets down the stretch and finished with 22 points as Dallas beat Brooklyn.

The Mavericks (15-25) snapped a two-game skid. Klay Thompson scored 18 off the bench and matched a season high with six 3-pointers.

Michael Porter Jr. scored 28 points and Day’Ron Sharpe had 14 points and 12 rebounds off the bench for the Nets (11-26), who have lost four consecutive games. They were swept in a road back-to-back, losing 103-98 at Memphis on Sunday.

KINGS 124, LAKERS 112

SACRAMENTO, Calif. (AP) —Malik Monk made seven 3-pointers and scored 26 points to help Sacramento Kings to a win over Los Angeles.

DeMar DeRozan had 32 points and six assists for the Kings (10-30), who won their second straight after a seven-game skid. Russell Westbrook, who played 78 games for the Lakers in 2023, added 22 points and seven assists.

It was the Kings’ first home win against the Lakers since March 13, 2024.

Luka Doncic paced the Lakers with 42 points, seven rebounds and eight assists. It was the seventh 40-point game of the season for the NBA’s leading scorer.

LeBron James had 22 points on 8-for-17 shooting that included missing all five attempts from 3-point distance.

DeAndre Ayton scored 13 points to reach 7,000 for his career. Jaxson Hayes added 12 points for the Lakers (23-11), who have lost two straight since winning three in a row.

CLIPPERS 117, HORNETS 109

INGLEWOOD, Calif. (AP) — Kawhi Leonard scored 35 points and James Harden had 32 to move into ninth place on the NBA’s career scoring list, and the Los Angeles Clippers beat Charlotte for their fourth win in five games.

Jordan Miller added 14 points and Ivica Zubac had nine points and 11 rebounds for the Clippers.

LaMelo Ball had 25 points and nine rebounds to lead the Hornets in their third loss in four games. Kon Knueppel scored 18 points, Moussa Diabaté had 13 points and 15 rebounds, Brandon Miller also scored 13 and Miles Bridges 11.

Cleveland Cavaliers center Evan Mobley (4) blocks a shot by Utah Jazz forward Kyle Filipowski (22) in the second half of an NBA basketball game in Cleveland, Monday, Jan. 12, 2026. (AP Photo/Sue Ogrocki)