Amish sue over upstate NY town's building rules

Watertown, USA - Eleven Old Order Amish families sued a northern New York community Tuesday, claiming that its refusal to grant permits for their traditionally built homes is religious discrimination.

The Amish families claim in the federal lawsuit that the town of Morristown is targeting them for building code enforcement.

"The Amish, who were chased out of Europe hundreds of years ago by government harassment and persecution, are being singled out by petty officials apparently bent on chasing the Amish out of New York," said Eric Rassbach, national litigation director at the Becket Fund for Religious Liberty, a Washington, D.C.-based legal organization that joined in the lawsuit.

"The U.S. Constitution, and legal precedent all the way to the Supreme Court, are clear. The Amish, who are known throughout the world as master craftsmen and master builders, have the right to practice their beliefs. That includes building and living in homes that conform to those beliefs," Rassbach said.

Also joining in the lawsuit is Proskauer Rose LLP, a New York City law firm that provides legal assistance to Amish families.

Town Clerk David Murray said town officials had not yet been served with the lawsuit. Town Attorney Andrew Silver was not immediately available for comment, his office said.

In the past, town officials have said they were asking the Amish to comply with the same building codes that apply to other residents.

The plaintiffs are members of the Old Order Swartzentruber sect, among the most traditional of the Amish groups. They don't deny building houses without permits and have said they were willing to purchase building permits, but contend that the requirements of the codes _ such as having smoke detectors, submitting engineering plans and allowing inspections _ violate their religious beliefs.

Since 2006 _ when the town's codes were updated _ Morristown officials have brought more than 10 separate prosecutions against the Amish, the lawsuit said.

The Amish decided to file a federal lawsuit after Morristown Town Judge James Phillips ruled in July that their religion gave them no special standing to avoid compliance with local building codes.

The sect has had zoning disputes with local authorities elsewhere in New York, as well as in Pennsylvania and Wisconsin.