Amish suing over Morristown code denials

Eleven Amish families are suing the town of Morristown over alleged religious discrimination.

The Amish contend the town refuses to issue building permits that allow them to build homes according to their beliefs. The Amish, members of the Old Order Swartzentruber sect, claim their religious beliefs will be violated if the town forces them to install smoke detectors in their homes, submit engineering plans and allow home inspections.

The lawsuit alleges that the Amish will be forced to leave the town if they cannot build their homes and farms. The lawsuit was filed Tuesday in the U.S. District Court Northern District of New York. Senior U.S. District Court Judge Thomas J. McAvoy will be assigned the case.

Eleven Amish men have been charged in Morristown since 2006 with failure to comply with building codes. Those cases have been delayed for more than a year for various reasons, including a lengthy search for an interpreter.

The lawsuit was filed by the Becket Fund for Religious Liberty, an advocacy group from Washington, D.C. The New York City law firm Proskauer Rose LLP, which provides legal assistance to Amish families, also joined the lawsuit.

"This is a case about whether the Amish can continue to live in the town of Morristown," said Eric C. Rassbach of the Becket Fund. "If they can't build a home according to their religious beliefs, they will have to move someplace else."

The lawsuit states the town is selectively enforcing the law against the Amish to effectively force them from the community even though the municipality stands no loss if the conservative religious group is left alone.

"The best thing is a settlement to allow the Amish to follow their rules and allow them to continue living in Morristown while ensuring building code safety," Mr. Rassbach said. "An exemption needs to be made for the Amish."

The plaintiffs are Levi Yoder, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Bishop Harvey Miller and Bishop Mose Miller. The two bishops weren't cited by town officials.

The defendants include town Code Enforcement Officer Lanetta Kay Davis, town Supervisor Frank L. Putman and town councilmen Howard Warren, David Stout III, Mark Blanchard, Christopher Coffin and Gary Turner.

Town Council members said previously that they must enforce building codes because turning a blind eye to the Amish will create unfair enforcement. Building codes are set by state law but enforced by municipalities.

The lawsuit also contends the town's code enforcement officer has made several postings on a Web site devoted to criticism of the Swartzentruber Amish religion, culture and practices. She also reportedly asked "nearby jurisdictions to take a hard line on code enforcement and issue citations to the Amish in their towns."

Town Clerk David J. Murray said town officials had not yet been served with the lawsuit. Town Attorney Andrew W. Silver didn't return a call for comment Tuesday.

Swartzentruber Amish also have encountered building code disputes in Hammond, Western New York, Pennsylvania and Wisconsin. The 11 Amish men do not deny the charges, but say code requirements violate their right to freely exercise their religion.