Two more Amish men accused of violations
MORRISTOWN — The town is continuing to pursue the Amish for building houses without permits.
Two men were arraigned Feb. 21 on charges of violating building codes, bringing the total to 10 members of the conservative religious group who have been cited since July 2006.
Cases against Dannie L. Swartzentruber, of 387 Center Road, and Mosie L. Swartzentruber, of 151 Stowe Road, were adjourned to April 17 at the request of St. Lawrence County Assistant Public Defender Steven G. Ballan. Town Judge James T. Phillips Jr. has appointed Mr. Ballan to represent all of the men because they will not request an attorney.
The judge is reviewing motions by Mr. Ballan and town attorney Andrew W. Silver on dismissing charges against the other eight men. Mr. Ballan argues that building codes are discriminatory and intentionally written to force the Amish out of town. He also accuses Mr. Silver of failing to meet deadlines for filing paperwork. He expects to make similar arguments for dismissing charges against the two men charged Jan. 25.
"It'll certainly be similar as far as the constitutionality and statutory elements," Mr. Ballan said.
Mr. Silver responded that nondiscriminating laws intended for public safety do not violate the constitutional free exercise clause. He blames delays on Mr. Ballan's repeated requests for time to file paperwork.
The Amish do not deny the charges. They say requirements such as engineer-approved building plans go against their religious tenet to shun modernization.
Judge Phillips has more than 60 pages of motions and case law to review regarding the dismissal request. The state attorney general's office has declined to intervene in the case. Mr. Ballan served the state office because he's questioning the constitutionality of the building code, which is dictated by state law.
"Because there are many reasons why this Office elects not to intervene in a matter, we respectfully request that no inference adverse to the State be drawn from our decision," Deputy Solicitor General Michelle Aronowitz wrote Dec. 17 to Judge Phillips.
