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[00:00.14] Where is the line between art and advertising?

[00:04.38] The question is central to a big dispute in a small American town.

[00:11.03] A large painting in Conway, New Hampshire, has led to a zoning conflict, a First Amendment legal action and a local vote.

[00:21.38] It started with a high school art project to paint a picture on a building in the town.

[00:29.62] The building houses a store called Leavitt’s Country Bakery.

[00:34.67] The picture shows the sun shining over mountains of chocolate and strawberry donuts, a cinnamon roll and a blueberry muffin.

[00:45.56] These are the kinds of sweet treats found in bakeries.

[00:50.07] Then the town zoning board got involved.

[00:54.06] It decided that the painting was more advertising than art.

[00:59.90] Officials said that, as an advertisement, the sign was too big. Its size violated town rules.

[01:08.94] The board ordered the sign be removed or changed.

[01:13.72] Bakery owner Sean Young faced possible fines if he did not follow the order.

[01:21.15] So, he decided to fight it in court.

[01:24.61] Young’s legal action accuses the town of Conway of violating his right to free speech, guaranteed in the U.S. Constitution.

[01:36.29] “They said it would be art elsewhere,” Young told The Associated Press.

[01:41.34] “It’s just not art here.

[01:43.99] “The town should not have the right to police art,” he said.

[01:49.84] The dispute has the town of 10,000 people debating big questions about creativity and freedom.

[01:59.14] Conway is in the White Moutains, a popular area with visitors.

[02:05.24] The town is under pressure to increase business development.

[02:10.29] Some residents worry that compromises with development interests will lead to unwanted changes to their town.

[02:19.33] Many, including the zoning board members, liked the students' work.

[02:25.17] But they said rules must be followed.

[02:28.62] At about 8.6 square meters, the mural is four times bigger than zoning rules permit for advertising signs.

[02:38.98] At town meetings, residents discussed how to define a sign.

[02:45.35] Then, last week, they voted against changes to the rules.

[02:50.67] The local newspaper said the wording of the proposed changes was not clear.

[02:56.77] A judge may have to make the final decision on what remains an open debate in town.

[03:03.94] The lawsuit Young filed in January asks that the court prevent the town from enforcing its sign law.

[03:13.78] Other businesses have entered into the dispute.

[03:18.29] Long before the painting over Leavitt’s, Conway had permitted other paintings at a local shopping center.

[03:26.26] But in December the town found that three of those pictures also violate size limits.

[03:34.76] The issue went before the zoning board Wednesday.

[03:40.07] The lawsuit argues that the town’s definition of “sign” is very general and its zoning rules do not include the word “mural.”

[03:52.56] Board member Luigi Bartolomeo said he thinks the painting at the bakery is art, not advertising.

[04:01.85] “I think it’s a very badly written piece of code here,” said Bartolomeo, who recently retired.

[04:09.82] But Board Chairperson John Colbath said the board has to work with the rule, which was approved by voters.

[04:19.12] He argues that the mural would likely be seen as art, and not advertising, if its subject did not represent the products found at Leavitt’s.

[04:31.07] The town and Young agreed in February to suspend all legal action until a vote on a proposed definition.

[04:40.10] The proposal failed.

[04:42.49] The judge now wants to hear from both sides by May 10.

[04:46.74] “We’re ready to keep going,” Young said.