MORRISTOWN- Members of an upstate New York Amish sect cannot claim that local building codes hinder their religion or give them special standing, a town judge has ruled.
Morristown Town Judge James Phillips Jr. said the cases against eight Amish men will now proceed to trial. He ordered lawyers in the case to meet for a pretrial conference.
St. Lawrence County assistant public defender Steven Ballan filed motions in November seeking dismissal of building permit violation charges against the men on grounds of free religious exercise, lack of a speedy trial and in the “interest of justice.”
After nearly eight months , Phillips issued a written ruling last Friday denying Ballan's request.
“The Amish desire `not to conform to this world' must be reasonably and rationally tempered with required compliance to regulations imposed by a town and society in which they are citizens,” he wrote in the 10-page decision.
Ballan told The Watertown Daily Times that he would discuss the ruling with attorneys and representatives of national religious rights groups before deciding how to proceed.
The Amish men do not deny the charges.
They are part of the strict Swartzentruber sect and say requirements for smoke alarms and engineer-approved designs violate their religious tenet to oppose modernization. The sect has had zoning disputes with local authorities elsewhere in New York, as well as Pennsylvania and Wisconsin.
Morristown has cited 11 Amish men for building or moving homes without permits since July 2006. Ballan also represents the remaining three men and made the same arguments for dismissal. He said he expected word soon that those motions are also denied.
Phillips cited cases where laws have been upheld in the interest of safety even when religious groups opposed them.
The judge ruled the building code law “was put in place for the safety of all in mind and without discrimination.”
Phillips denied Ballan's request to dismiss charges in the “interest of justice” by ruling that would be unfair to other Morristown residents and would erode public confidence in the judicial system.
He also denied the speedy trial complaint and said any delays were reasonable.
AP-ES-07-29-08 1425EDT
St. Lawrence County assistant public defender Steven Ballan filed motions in November seeking dismissal of building permit violation charges against the men on grounds of free religious exercise, lack of a speedy trial and in the “interest of justice.”
After nearly eight months , Phillips issued a written ruling last Friday denying Ballan's request.
“The Amish desire `not to conform to this world' must be reasonably and rationally tempered with required compliance to regulations imposed by a town and society in which they are citizens,” he wrote in the 10-page decision.
Ballan told The Watertown Daily Times that he would discuss the ruling with attorneys and representatives of national religious rights groups before deciding how to proceed.
The Amish men do not deny the charges.
They are part of the strict Swartzentruber sect and say requirements for smoke alarms and engineer-approved designs violate their religious tenet to oppose modernization. The sect has had zoning disputes with local authorities elsewhere in New York, as well as Pennsylvania and Wisconsin.
Morristown has cited 11 Amish men for building or moving homes without permits since July 2006. Ballan also represents the remaining three men and made the same arguments for dismissal. He said he expected word soon that those motions are also denied.
Phillips cited cases where laws have been upheld in the interest of safety even when religious groups opposed them.
The judge ruled the building code law “was put in place for the safety of all in mind and without discrimination.”
Phillips denied Ballan's request to dismiss charges in the “interest of justice” by ruling that would be unfair to other Morristown residents and would erode public confidence in the judicial system.
He also denied the speedy trial complaint and said any delays were reasonable.
AP-ES-07-29-08 1425EDT
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