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onenote

(45,412 posts)
21. The judge didn't decide that the mural was art, not a sign.
Wed May 21, 2025, 01:28 PM
May 21

It's a somewhat weird and confusing opinion. For example, at the outset, the judge states: "The court here does not rule that the sign code is unlawful or unconstitutional as written. Neither does it rule that Conway could not lawfully regulate the Leavitt’s display, or that the display does not violate the sign code as written. Nor does the court rule that the Leavitt’s display is not commercial speech (as it certainly appears to be), that municipalities may not regulate commercial signage like the display at issue here,4 or that the sign code necessarily implicates any particular level or tier of First Amendment scrutiny. The court rules only that Conway’s application of its sign code, and specifically its enforcement of the sign code to the Leavitt’s sign in the particular manner it employed in this case, does not withstand any level of constitutional scrutiny." The decision also refers to that, "the plaintiff’s dubious testimony, that the display is a “mural” (not a sign) solely intended as an artistic expression, and thus not commercial speech.... Of course, it is a sign under the language of the sign code and under the town’s interpretation of its code, and it quite clearly proposes a commercial transaction (the sale of baked goods) at and inside the structure on which it is erected."

https://storage.courtlistener.com/recap/gov.uscourts.nhd.60707/gov.uscourts.nhd.60707.60.0.pdf

Recommendations

1 members have recommended this reply (displayed in chronological order):

The insanity seems unending... hlthe2b May 20 #1
My glob cyclonefence May 20 #2
Oh, is that what it was about? I wondered, but I just don't have the imagination some people do. n/t malthaussen May 20 #4
Well, I don't know cyclonefence May 20 #5
According to the article, it's 4 times larger than the town's limit for signage. sl8 May 20 #6
So it *was* an aesthetic choice! cyclonefence May 20 #7
I'm almost relieved it was over a silly beurocratic reason fujiyamasan May 21 #18
Well, c'mon swong19104 May 20 #10
What are you doing on my computer?! cyclonefence May 21 #20
Ohhhhh Rainbow! My God how stupid! Maraya1969 May 20 #8
There's no rainbow. sl8 May 20 #9
The judge didn't decide that the mural was art, not a sign. onenote May 21 #21
I stand corrected. sl8 May 21 #22
i heard the judge had Danish ancestry DoBW May 20 #3
I see what you did there. nt. boonecreek May 20 #11
It was just an urban myth that he said that he was a markodochartaigh May 20 #16
Ah, you donut say. n/t Igel May 21 #29
ding. AllaN01Bear May 20 #12
Well, you people suck! BidenRocks May 20 #13
Conway voted for Harris over Trump, 56.6% to 45.5%. sl8 May 20 #15
My search shows them leaning red. BidenRocks May 20 #17
you should've read the article. it's got nothing to do with gay issues or rainbows nt orleans May 21 #19
I live in Kennesaw Ga. and we have a pizza place that painted a beautiful mural kellytore May 20 #14
NH has been a nightmare lately. The State GOP lawmakers are going full-on Trump with laws banning everything from books Vinca May 21 #23
This local code provision -- not state -- has been around for a number of years onenote May 21 #24
Well, you know the state motto - "Live Free or Die." It's like the myth about no taxes. They get their funding in Vinca May 21 #25
Perhaps it's mis-written. Igel May 21 #30
What is it with New Hampshire? CTyankee May 21 #26
Huge vacation spot Bluestocking May 21 #27
Wtaf? Sun can't shine on pastries? SheltieLover May 21 #28
Latest Discussions»Latest Breaking News»Bakery in New Hampshire w...»Reply #21