A Court Decision To Make Everyone Happy
It is rare enough, these days, to find a story that everyone should be able to agree with and support, especially when it comes to federal court decisions and constitutional law. But today we actually have one, so we're going to ignore the frenzy of wheeling and dealing currently happening within the Republican Party over their Medicaid-gutting new budget bill and instead focus on a story it's almost impossible not to smile about.
The facts of the case come from a small town, where for some reason the town's "municipal code enforcement officer" decided to become an art critic, as it were. The town -- Conway, New Hampshire -- which assumably is run by either petty tyrants or just garden-variety curmudgeons, demanded a local business remove a bright and cheerful mural that had just been painted by local high school students. The business fought back, and a judge just agreed with the owner and told the town to knock it off and chill out (I am paraphrasing the legal language used, I admit...).
Here's the basic story:
After [owner Sean] Young bought Leavitt's Country Bakery in the spring of 2021, it became known as one of New Hampshire's top doughnut shops. Its most popular pastries include handmade apple fritters, honey-dipped doughnuts and chocolate-frosted doughnuts.
For years, the front of the shop was red and featured the bakery's logo, an image of a blackbird sitting atop a pie. But in the spring of 2022, an art teacher from Kennett High School in North Conway, New Hampshire, was looking for a place in the community where her students could start a project. Young offered the front of his bakery.
Students wanted to create something that reflected the east New Hampshire region, where skiers flock in the winter and hikers and water tubers come in the summer. They never thought people would interpret the mural as a sign....
The result showed a line of pastries -- including a chocolate-frosted doughnut with colorful sprinkles, a meringue cookie, a chocolate chip cookie, a strawberry frosted doughnut, a sugar cookie and a Boston crème -- that represented the nearby Mount Washington Valley mountains. In the mural, a sun rises over the pastries, creating bright rays.
The mural, as the photos accompanying the article show (or check out their web page), can really only be described in happy terms. It is colorful, inventive, and celebratory, to use just three. The shop has a smallish triangular gable in the front, which has a companion piece to the main mural painted on it. This triangular piece contains, as a small part of it in the center, a very discreet logo with the name of the shop. Then on a much bigger front-facing wall on the roof above this, the main mural of all the doughnuts and muffins and rolls is displayed, with a rising sun (assumably, since doughnuts are such a morning food) spreading its yellow and orange rays through a bright blue sky above the confections. There are no words or logos on the main mural at all.
At worst, it might be called "kitschy" or even (in a negative way) "too cute." But I'd be willing to bet that the reaction from the vast majority of the public who sees it would instead be cheerful and delighted -- especially if they knew it had been painted by local high-school students.
However, a week after the mural was officially unveiled, the municipal code enforcement officer told Young the whole thing qualified as a "sign," and at 91 square feet was four times larger than what was officially allowed. This came with the threat of having to pay a fine of $275 per day if the "sign" remained up. Young appealed to the zoning board, which denied his appeal. They threatened to start levying the fines. So Young sued in federal court. He argued that it was actually a case of free speech, since the mural only depicted the products sold at his store, and did not contain the name of the shop. It was art, not a commercial sign, in other words.
This week, the judge agreed with the doughnut shop:
A judge wrote in an order that Conway's enforcement of its ordinance against the painting is "unconstitutional" and "operationally illogical," ruling that the mural can remain in front of the shop.... Judge Joseph Laplante wrote in his order Monday that the town's enforcement of its ordinance had "no rational connection to any of [the town's] stated interests" and "would not pass any level of scrutiny."
Score one for the baker and the student artists, and zero for the curmudgeons. Also, score one for the First Amendment and free speech. As I began with, this seems to be one of those issues beyond our political divide, where common sense should have ruled from the very start: "Jeez... local kids painted it, it's not doing anyone any harm... and gosh, they do have great doughnuts...." Sadly, this was not the case, but at least it did have a happy conclusion in court this week.
Because the entire story, from the outside looking in, is so downright cartoonish (it feels like a plot for a cheesy made-for-TV Hallmark movie, doesn't it?), we are going to turn our final commentary over to two noted legal scholars, for their take on what this victory for the First Amendment truly means to them....
From South Park, Eric Cartman:
"Sweet!"From The Simpsons, Homer Simpson:
"Mmmmm... doughnuts... [drooling noises]..."
-- Chris Weigant
Follow Chris on Twitter: @ChrisWeigant
Strong HOA vibes with that town's local government...
It is rare enough, these days, to find a story that everyone should be able to agree with and support, especially when it comes to federal court decisions and constitutional law. But today we actually have one, so we're going to ignore the frenzy of wheeling and dealing currently happening within the Republican Party over their Medicaid-gutting new budget bill and instead focus on a story it's almost impossible not to smile about.
Well, awww right!!! I really REALLY like where this is going!!! :D
Yer right, CW...
That's a helluva good-feel, feel-good Americana story!!!
Kudos....
Much appreciated.... :D
And, to continue with the good-feel feel-good Americana feeling???
http://mfccfl.us/award.jpg
Ya'all see the 2025 black KIA that's behind me??
That's mine now... :D
G'night ya'all.. It's been a really exciting day... :D
See ya'all in the AM...
I got called into work for part of the day, so ya'all will get a semi-break from me.. :D
As long as others can stop showing how much of their headspace I reside in... :D
Thanks for a great story, with a great ending.
One can only hope that certain, um ... OTHER Federal courts will just as easily conclude that the U.S. is not at war nor suffering invasion, and so the right of habeas corpus continues for every individual in the country, regardless of their citizenship status.
Or, just as easily conclude that the 14th amendment means exactly what it says: anyone born in the U.S., unless the child of an accredited foreign diplomat, is automatically a United States citizen by birthright. No exceptions.
As with our hero judge here, we hope that, um ... OTHER courts recognize immediately that arguments to the contrary of the above conclusions "would not pass any level of scrutiny."
pie always wins
Michale
3
So which one are you?
Asking for a friend.
John M from Ct.
5
Or, just as easily conclude that the 14th amendment means exactly what it says: anyone born in the U.S., unless the child of an accredited foreign diplomat, is automatically a United States citizen by birthright. No exceptions.
Interesting you should say that, John (not to be confused with the other John) because Judge Joseph Laplante who decided this Leavitt's Country Bakery sign issue was actually the third judge in the nation to block Trump's executive order regarding birthright citizenship:
Preliminary Injunction Regarding Birthright Citizenship, Judge Joseph Laplante, New Hampshire
Fun fact. :)
npoet22
6
pie always wins
WTH with the Knicks!? Deliver pie to MSG (not to be confused with monosodium glutamate). :)
@JMCT
Or, just as easily conclude that the 14th amendment means exactly what it says: anyone born in the U.S., unless the child of an accredited foreign diplomat, is automatically a United States citizen by birthright. No exceptions.
Except that is NOT what the 14th Amendment says..
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
ILLEGAL IMMIGRANT CRIMINALS are NOT subject to the jurisdiction thereof the UNITED STATES..
Therefore their offspring are NOT US citizens.. Even if they are born in the US..
END TRANS...
This is what the courts have determined..
And no amount of woke progressive Democrat support of scumbag rapists, murderers, druggies, terrorists, gangbangers or wife beaters will change this fact..
Will change this objective reality...
You really need to prepare for the fact that ya'all are going to LOSE...
JUST like I told ya'all that you need to prepare that ya'all were going to LOSE and LOSE BIG in the 2024 election..
I was factually dead on ballz accurate back then...
I'll be factually dead on ballz accurate with this...
CRAP!!!
Reposted for clarity...
@JMCT
Or, just as easily conclude that the 14th amendment means exactly what it says: anyone born in the U.S., unless the child of an accredited foreign diplomat, is automatically a United States citizen by birthright. No exceptions.
Except that is NOT what the 14th Amendment says..
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
ILLEGAL IMMIGRANT CRIMINALS are NOT subject to the jurisdiction thereof the UNITED STATES..
Therefore their offspring are NOT US citizens.. Even if they are born in the US..
END TRANS...
This is what the courts have determined..
And no amount of woke progressive Democrat support of scumbag rapists, murderers, druggies, terrorists, gangbangers or wife beaters will change this fact..
Will change this objective reality...
You really need to prepare for the fact that ya'all are going to LOSE...
JUST like I told ya'all that you need to prepare that ya'all were going to LOSE and LOSE BIG in the 2024 election..
I was factually dead on ballz accurate back then...
I'll be factually dead on ballz accurate with this...
Caddy,
So which one are you?
The one in uniform... :D
Kick on [8],
There we are! Thanks for that.
Therefore their offspring are NOT US citizens.. Even if they are born in the US..
END TRANS...
This is what the courts have determined..
In anticipation of ya'all's ridiculous counter-argument of “It's always been this way”, I put forth the following facts and facts-supported opinions...
The tired excuse that “it’s always been this way” holds no water when defending the notion that anyone born on U.S. soil is automatically a citizen under the 14th Amendment.
This argument ignores the amendment’s text and intent, which requires both birth in the U.S. and being “subject to the jurisdiction thereof” {CITE: U.S. Const., amend. XIV, § 1}.
Historical practice doesn’t dictate legal factuality and correctness.
Consider Dred Scott (1857) where the Supreme Court ruled Black people were not citizens, only “three-fifths” persons under the Constitution’s census clause {CITE: 60 U.S. 393}.
That was “always the way” until the 14th Amendment (1868) and later rulings overturned it, proving precedent can be wrong {CITE: Foner, Reconstruction, 1988}.
The 14th Amendment aimed to secure citizenship for freed slaves, not grant universal birthright citizenship.
United States v. Wong Kim Ark (1898) extended it to children of permanent residents, but its broad application to illegal immigrants or temporary visitors, like diplomats’ children, misreads “jurisdiction” {CITE: 169 U.S. 649}.
Siavash Sobhani’s 2023 citizenship revocation, due to his diplomat father’s immunity, shows even long-standing grants can be corrected {CITE: Washington Post, 2023}.
Elk v. Wilkins (1884) denied citizenship to Native Americans not fully under U.S. law, reinforcing jurisdictional limits {CITE: 112 U.S. 94}.
Clinging to “tradition” ignores these nuances and the amendment’s roots in the 1866 Civil Rights Act, which excluded those with foreign allegiance (Senate Records, 1866).
“It’s always been this way” is nothing but a lazy dodge. SCOTUS can and should revisit birthright citizenship to align with actual and factual constitutional intent.
Just like the SCOTUS revisted Dred Scott (1857) that paved the way for the 14th Amendment..
Just like the SCOTUS revisted Roe v Wade and discarded it onto the trash heap of history where it belongs..
SILENCE GIVES ASSENT
-Democrats
Once again, Bash.. I have to thank you...
You pushing and pushing for cites to help you rebut my arguments have made my comments the most formidable they have ever been..
It's no wonder that JL, Victoria and you et al don't even bother to TRY and refute the facts and the objective reality.. :D
You have made me a MUCH more intimidating commenter, Bash..
Thank you SO much..
If you would like a pro quo for your quid, I'll be happy to oblige..
Within reason, of course.. :D
Just let me know.. :D
And lo and behold.. :D
The House’s passage of PRESIDENT Trump’s “One Big Beautiful Bill” on May 22, 2025, by a 215-214 vote, is ANOTHER monumental victory for PRESIDENT Trump and the American people..
This sweeping tax and spending package extends the 2017 tax cuts, saving families $2,000 yearly, and funds border security with 701 miles of wall {CITE: NY Times, May 2025}.
Despite woke progressive Democrat obstruction, Speaker Johnson unified Republicans, delivering PRESIDENT Trump’s AMERICA FIRST agend.
X posts from @MarioNawfal (May 22, 2025) celebrate the win.
PRESIDENT Trump’s vision for prosperity shines, leaving woke progressive Democrats fuming at their 29% favorability {CITE: NBC, March 2025}
Like I said.. Ya'all know how these things work...
And THIS is how they work..
It's also amazing that the HOUSE GOP got this done with PLENTY OF TIME to spare..
So much for the woke progressive Democrat claim that the GOP has such a razor-thin majority that they'll never get anything done, eh? :D
Looks like the GOP is having NO PROBLEM getting things done.. :D
Like I said, people... This is going to be the way things are going to go until Democrats come to grips with their huge loss in 2024..
Until such time as Democrats do an HONEST and FACTUAL assessment of their loss and apologize to the American people for their lies and their BS and their backroom deals etc, etc etc....
Democrats will NEVER return from the political Black Forest...
This is the way things are in the here and now.. These are the facts.. This is the objective reality...
It's the way of politics..
Change or die...
And ANOTHER heinous act committed by a woke progressive jew hating Democrat... :(
Elias Rodriguez, a 30-year-old from Chicago, fatally shot two Israeli embassy staffers, Yaron Lischinsky and Sarah Milgrim, outside the Capital Jewish Museum in Washington, D.C.
The couple, planning to marry, was leaving an American Jewish Committee event when Rodriguez, pacing nearby, opened fire with a handgun.
He entered the museum, chanted “Free Palestine,” and was detained.
The FBI is investigating the heinous act as antisemitic terrorism.
Woke progressive Democrats’ soft stance on crime emboldens such acts, betraying public safety.
How ANYONE who is jewish can support the Democrat Party is simply mind-boggling...
Why are woke progressive Democrats so full of hate??
It's sad... This beautiful couple struck down and killed by a bigoted Democrat full of hate... :(
It simply breaks your heart...
Until such time as Democrats do an HONEST and FACTUAL assessment of their loss and apologize to the American people for their lies and their BS and their backroom deals etc, etc etc....
Democrats will NEVER return from the political Black Forest...
This is the way things are in the here and now.. These are the facts.. This is the objective reality...
And while ya'all are at it...
Can ya'all see if you can get rid of all the Semitic hate and bigotry and intolerance that permeate the souls of woke progressive Democrats???
https://i.imgflip.com/2z2pdn.jpg
Well, people... As the saying goes...
There is good news and bad news..
The BAD news is, Bravo Shift was able to cover the staffing so I WON'T be going in for OT... So I'll be able to spend the day with my fellow Weigantians.. :D
The GOOD news is, that means I have time for a lot of the chores I need to do, so I won't be around as much as ya'all might dread... :D