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Saturday, March 20, 2010   41º F

Updated 03/26/2008 06:24 PM

Battle over Amish code violations continues

By: Katie Morse

Battle over Amish code violations continues
MORRISTOWN, N.Y. -- Last June, more than 75 Amish came out to support the five members of their community who had been cited by the Town of Morristown for building violations. Over the past year, that number has grown to ten, and now the Becket Fund for Religious Liberty is speaking out against the town.

"No one is forcing them to come down and enforce these rules against the Amish. We think that the town could probably come to some sort of agreement, work something out where they would approve the Amish way of building homes," said Lori Windham, the Becket Fund for Religious Liberty Legal Counsel.

But the town said it's only enforcing laws set by the state, and said it doesn't have the ability to offer any variance on state laws.

"It's a non-personal issue. There are laws, we are obliged to enforce those laws, and send them through the court system if that's the course of action that it takes," said Frank Putman, Morristown Town Supervisor.

Among other things, the Amish have been cited for not having approved building plans or smoke detectors, both of which go against their religion.

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"They're placed in a very difficult situation where they have a choice between doing something that's going to violate their faith or being fined and possibly even facing some jail time," said Windham.

The town said it's only doing its job enforcing state laws, and officials said they're upset they haven't seen any support from New York State, which they expected.

"Going through the courts and the cost that will be incurred by this little town, that maybe there would have been some financial support, or even written or verbal support," said Putman.

A motion to dismiss the charges against the Amish is being considered by the judge, and a decision is expected within the next few weeks.