Lawyers for the town say that it 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,” according to a court document.
His lawyers say the town's definition of a sign is overly broad and that the town hasn't shown that anything bad will happen if the painting continues to stay up.
Part of Conway's sign code states that the town "has no intention of restricting individual free speech, but the town does recognize its right to place reasonable restrictions upon commercial speech.”.
“I think the whole town is following this story,” said Sean Young, the owner of Leavitt's Country Bakery in Conway, a community of more than 10,000 people near the White Mountains that draws skiers, nature lovers and shoppers.
Young's lawsuit was paused for a few months in 2023 as residents considered revising how the town defines signs, in a way that would have allowed the painting to stay up.
