This story was originally produced by the Conway Daily Sun. NHPR is republishing it in partnership with the Granite State News Collaborative.
The federal judge overseeing the Leavitt's Bakery case recently told attorneys he is leaning toward having the case go to trial rather than deciding it on written filings alone.
Since January 2023, the town and Leavitt’s County Bakery have been in federal court regarding what Leavitt’s says is a mural, depicting baked goods painted by Kennett High School art students, on the front of the building, and what the town calls a sign, which because of its large size is in violation of the town’s sign ordinance.
Leavitt's contention is enforcing the sign code against Leavitt’s based on what the mural depicts (baked goods) and who is displaying it (a bakery) violates the First Amendment. “It is a content- and speaker-based restriction subject to strict scrutiny, the most demanding standard in constitutional law.”
Leavitt’s owner Sean Young is represented by John Crabbs of Cooper Cargill Chant law firm of North Conway, and Robert Frommer and Elizabeth Sanz of the Arlington, Va.-based Institute for Justice.
Representing the town is Jason Dennis of Hastings Law Office of Fryeburg, Maine, and Madeline Kate Osbon, Brooke Lovett Shilo and Russell Hilliard of Upton Hatfield of Portsmouth.
The case is before Judge Joseph N. Laplante at New Hampshire’s Federal Court in Concord.
On Oct. 4, the attorneys from both sides filed a document saying they feel a trial isn't necessary, the court should suspend all pre trial deadlines and that the court issue summary judgement based on the documents they have filed.
In a brief order issued Oct. 8, Laplante disagreed.
"After reviewing and considering the parties summary judgment filings, the court is strongly considering conducting a trial or similar evidentiary proceeding," said Laplante. "The court will confer with counsel to determine whether the Nov. 6 trial date is satisfactory and feasible for the parties and counsel. Counsel shall confer and jointly arrange for such as conference to be held as soon as practicable. The court would much prefer an in-person conference to a videoconference, but understands that it-person attendance may not be favored or desired by all counsel."
No further court dates had been set as of Thursday morning.
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