Town says leniency to Amish unlawful

MORRISTOWN — The town of Morristown has been following state law when it comes to enforcing housing codes on the Amish community, town officials insist.

The officials' statements come in response to a lawsuit, filed by members of the Amish Old Order Swartzentruber sect, that alleges the codes, requiring smoke detectors, approved engineering plans and inspections, violate their religious freedom.

Since 2005, 11 Amish families have been charged by the town with codes violations. After years of fighting in the town court system, the families banded together and filed suit in U.S. District Court against the town earlier this month. The case claims that the codes will force them to leave Morristown because of their religious beliefs.

Morristown officials argue that everyone is treated equally in the town and that all buildings are subject to state codes.

In three years, 166 code-violation notices have been sent out, 16 of them to Amish residents, town officials said. Thirteen of the Amish residents failed to comply because of a lack of building permits, officials said.

Morristown does not have the authority to grant waivers, exemptions or variances to the codes, because the codes in question are handed down from the state, town Supervisor Frank L. Putman said.

"We would violate state law if we did," Mr. Putman said in a written statement to the press. "The town of Morristown never had and does not currently have its own building codes. We are enforcing state law."

Attorney Lori H. Windham, of the Becket Fund for Religious Liberty, which represents the Amish, said state law allows the town to opt out of enforcing the codes. She said the state has granted variances to Amish residents in the past.

The town has not yet been served with the lawsuit, town officials said.