12th Amish Man Charged With Code Violation
MORRISTOWN - Morristown is continuing to cite the Amish for building homes without permits while a federal lawsuit accusing them of religious discrimination is pending.
Moise L. Swartzentruber, of 151 Stowe Road, was charged in late February. He's the 12th Amish man charged in Morristown since 2006 with failure to comply with building codes.
Code Enforcement Officer Lanetta Kay Davis cited Mr. Swartzentruber over an addition made to his Stowe Road home last year. He didn't submit a building plan to the town for the addition.
Mr. Swartzentruber is scheduled for arraignment March 18 before Town Judge James T. Phillips Jr., court officials said Wednesday. Ms. Davis declined to comment Wednesday.
According to court documents, Ms. Davis noticed last May the addition to the home being built. She sent a letter to Moise Swartzentruber informing him of the building code violation, which had to be corrected by June 22.
Both parties met on July 1 to discuss the matter. She provided him an extension to August 13, allowing Moise L. Swartzentruber time to talk with his group.
On July 28, he informed the town he wouldn't submit a building plan.
Both met again on Aug.13, with no agreement reached because "the defendant stated that no inspections would be allowed."
Eleven Amish families sued the town of Morristown in January 2009 over alleged religious discrimination.
"We're sorry to see that Morristown is continuing its crusade against the Amish," said Lori H. Windham, an attorney for the Becket Fund for Religious Liberty of Washington D.C., representing the Amish families in the federal lawsuit.
The Amish say the town refuses to issue permits that allow them to build homes according to their beliefs.
The Amish, members of the Old Order Swartzentruber sect, say 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 says the Amish will be forced to leave the town if they cannot build their homes and farms.
The cases against the 11 Amish have been delayed for more than a year for various reasons, including a lengthy search for an interpreter.
The lawsuit says the town is selectively enforcing the law against the Amish to effectively force them from the community.
Morristown 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 Ms. Davis 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."
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.
An attempt failed to reach an out-of-court settlement in December. The case before U.S. District Court in Albany will be scheduled for trial, likely late this year or early in 2011.
