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)

NEW YORK (AP) — Thousands of nurses in three hospital systems in New York City went on strike Monday after negotiations through the weekend failed to yield breakthroughs in their contract disputes.

The strike was taking place at The Mount Sinai Hospital and two of its satellite campuses, with picket lines forming. The other affected hospitals are NewYork-Presbyterian and Montefiore Medical Center in the Bronx.

About 15,000 nurses are involved in the strike, according to New York State Nurses Association.

The strike, which comes during a severe flu season, could potentially force the hospitals to transfer patients, cancel procedures or divert ambulances. It could also put a strain on city hospitals not involved in the contract dispute, as patients avoid the medical centers hit by the strike.

The hospitals involved have been hiring temporary nurses to try and fill the labor gap during the walkout, and said in a statement during negotiations that they would “do whatever is necessary to minimize disruptions.” Montefiore posted a message assuring patients that appointments would be kept.

The work stoppage is occurring at multiple hospitals simultaneously, but each medical center is negotiating with the union independently. Several other hospitals across the city and in its suburbs reached deals in recent days to avert a possible strike.

The nurses’ demands vary by hospital, but the major issues include staffing levels and workplace safety. The union says hospitals have given nurses unmanageable workloads.

Nurses also want better security measures in the workplace, citing incidents like a an incident last week, when a man with a sharp object barricaded himself in a Brooklyn hospital room and was then killed by police.

The union also wants limitations on hospitals’ use of artificial intelligence.

The nonprofit hospitals involved in the negotiations say they’ve been working to improve staffing levels, but say the union’s demands overall are too costly.

Nurses voted to authorize the strike last month.

Both New York Gov. Kathy Hochul and Mayor Zohran Mamdani had expressed concern about the possibility of the strike. As the strike deadline neared, Mamdani urged both sides to keep negotiating and reach a deal that “both honors our nurses and keeps our hospitals open.”

“Our nurses kept this city alive through its hardest moments. Their value is not negotiable,” Mamdani said.

The last major nursing strike in the city was only three years ago, in 2023. That work stoppage, at Mount Sinai and Montefiore, was short, lasting three days. It resulted in a deal raising pay 19% over three years at those hospitals.

It also led to promised staffing improvements, though the union and hospitals now disagree about how much progress has been made, or whether the hospitals are retreating from staffing guarantees.

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

Nurses strike outside Mount Sinai West Hospital, Monday, Jan. 12, 2026, in New York. (AP Photo/Yuki Iwamura)

FILE - A medical worker transports a patient at Mount Sinai Hospital, April 1, 2020, in New York. (AP Photo/Mary Altaffer, File)