CANTON — A court hearing to force two Amish men to comply with building codes has again been delayed.
Joseph J. Swartzentruber and Henry D. Mast, Hammond, were to appear today in state Supreme Court, but the case has been pushed back to Nov. 7.
The delay will allow for oral arguments, something the men have requested. Their letter to the court, however, indicates they may want an interpreter to speak their first language, Pennsylvania Dutch. A similar request has contributed to drawn-out proceedings in Morristown Town Court, where the Amish also are charged with building homes without permits.
"We want to come and tell you why we are right, but do not speak English good enough or know how court works," the men wrote state Supreme Court Judge David R. Demarest.
The five-sentence letter refers to the incorrect date when telling Judge Demarest that they'd like an interpreter.
"We would like to have someone talk for us on November 5, 2008. Please make the time 10:30 so we can get the bus to come there," they wrote.
The Amish do not retain attorneys. The case was delayed a month in September at the request of a St. Lawrence County assistant public defender who is trying to find them a lawyer. Assistant Public Defender Steven G. Ballan cannot defend them in civil court.
Hammond is suing to force the men to obtain building permits. They applied, but were denied because they refused to install smoke alarms or have plans approved by an engineer. Charges against the men in Hammond Town Court were tossed in May because of paperwork errors.
They are part of the conservative Swartzentruber sect that has butted heads with code officials in Morristown and Western New York communities. They do not deny the charges, but say code requirements violate their right to freely exercise their religion.
Eleven men are charged in Morristown. Those cases have been delayed for more than a year for various reasons, including a lengthy search for an interpreter.