Is It Art or Advertising?

Where is the line between art and advertising¹? The question is central to a big dispute in a small American town. A large painting in Conway, New Hampshire, has led to a zoning conflict, a First Amendment² legal action and a local vote.

It started with a high school art project to paint a picture on a building in the town. The building houses a store called Leavitt's Country Bakery. The picture shows the sun shining over mountains of chocolate and strawberry donuts, a cinnamon roll and a blueberry muffin. These are the kinds of sweet treats found in bakeries.

Then the town zoning board got involved. It decided³ that the painting was more advertising than art. Officials said that, as an advertisement, the sign was too big. Its size violated town rules. The board ordered the sign be removed or changed.

Bakery owner Sean Young faced possible fines if he did not follow the order. So, he decided to fight it in court. Young's legal action accuses the town of Conway of violating his right to free speech, guaranteed in the U.S. Constitution.

"They said it would be art elsewhere," Young told The Associated Press. "It's just not art here.

"The town should not have the right to police art," he said.

The dispute has the town of 10,000 people debating big questions about creativity and freedom. Conway is in the White Moutains, a popular area with visitors. The town is under pressure to increase business development. Some residents worry that compromises with development interests will lead to unwanted changes to their town.

Many, including the zoning board members, liked the students' work. But they said rules must be followed. At about 8.6 square meters, the mural is four times bigger than zoning rules permit for advertising signs.

At town meetings, residents discussed how to define a sign. Then, last week, they voted against changes to the rules. The local newspaper said the wording of the proposed changes was not clear. A judge may have to make the final decision on what remains⁴ an open debate in town.

The lawsuit⁵ Young filed in January asks that the court prevent the town from enforcing its sign law.

Other businesses have entered into the dispute.

Long before the painting over Leavitt's, Conway had permitted other paintings at a local shopping center. But in December the town found that three of those pictures also violate size limits. The issue went before the zoning board Wednesday.

The lawsuit argues that the town's definition of "sign" is very general and its zoning rules do not include the word "mural."

Board member Luigi Bartolomeo said he thinks the painting at the bakery is art, not advertising.

"I think it's a very badly written piece of code here," said Bartolomeo, who recently retired⁶. But Board Chairperson John Colbath said the board has to work with the rule, which was approved by voters. 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.

The town and Young agreed in February to suspend all legal action until a vote on a proposed definition. The proposal failed. The judge now wants to hear from both sides by May 10.

"We're ready to keep going," Young said.

Words in This Story

zoning — n. a system of rules used to control where businesses and homes are built in a city or town

resident — n. someone who lives in a particular place

code— n. a set of laws or regulations

1 advertising   

n.广告业；广告活动 a.广告的；广告业务的

参考例句：

• Can you give me any advice on getting into advertising? 你能指点我如何涉足广告业吗?
• The advertising campaign is aimed primarily at young people. 这个广告宣传运动主要是针对年轻人的。

2 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

3 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

4 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

5 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

6 retired   

adj.隐退的，退休的，退役的

参考例句：

• The old man retired to the country for rest.这位老人下乡休息去了。
• Many retired people take up gardening as a hobby.许多退休的人都以从事园艺为嗜好。