Judge Norman Krumenacker has given two Amish couples 60 days in which to have their new houses in compliance with building and sewage regulations or face eviction.
And
Krumenacker’s order comes a week after he held another member of the sect, Andy Swartzentruver of Barr Township, in contempt of court for failing to bring two outhouses at the Amish school into compliance .
Swartzentruver owns the property on which the school is located. He may purge himself of the contempt by bringing the outhouses into compliance and paying $1,600 owed in fines and costs by Feb. 23.
Why?
They belong to the ultraconservative Swartzentruver Amish sect, whose members do not use modern conveniences, including having their outhouses meet sewage facility requirements.
What happens if they don't comply?
Otherwise, he may face a jail sentence of up to six months and an additional fine, the judge said. In addition, the school will be padlocked and the children unable to attend classes there, the judge indicated.
I could understand if they were trying to build a house in the suburbs of Philly with a latrine in the back yard, but seriously, what the hell? Padlocking schools and evicting families from their homes because some county enforcement office has nothing better to do than harass Amish people and keep them from living the way they want, in their own communities, on their own property, this is another low point.
3 comments:
Sadly, I don't view this as a freedom of religion issue. I certainly don't see it as harassment of the Amish people. The law is the law, and the enforcement office has one purpose - enforce the law. I rather view this as a "you choose to violate the zoning laws of your state" issue.
I fully respect the Amish in their choices to live simply and adopt technology only after careful, reasoned consideration. But unfortunately for the Amish, the law in this area is well-settled: the government can shut down the schools and fine the Amish people for non-compliance so long as there is a compelling government reason for the mandate. Public health concerns are pretty compelling, at least in the eyes of the Supreme Court. Similarly, this law applies equally to all people, regardless of creed, and the regulation isn't intended to curtail religious expression. If this regulation were pretext for open discrimination against the Amish, which it isn't, then there would be a problem.
Absent a determination that this regulation is specifically intended to abridge first amendment rights, the Amish are out of luck. When the law says you have to plumb your house, it says it equally to Amish, Catholics, Jews, Hindus, Muslims, Druids, Scientologists, everyone. This is one of those examples where property rights and first amendment rights are not absolute by virtue of the fact that all of us are subject to the laws of our city, state and country, even when those laws run head-on into our religious beliefs.
I know this answer won't satisfy the fierce libertarian, but the Amish people are still free to practice their faith. They just have to practice their faith with modern plumbing.
You can practice your religion, you only need this simple little mark placed on your forehead or right hand...
Come on, you can do better than trotting that one out. I'll give you a pass because it was late in the day...
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