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Amish Sue Upstate New York Town Over Religious Discrimination

If the Amish cannot build their homes and farms, the lawsuit alleges that they will be forced to leave. The lawsuit (http://www.becketfund.org/files/1eeff.pdf) was filed inWatertown federal district court by the Becket Fund for Religious Liberty ofWashington, DC and theNew York City-based Proskauer Rose LLP.

"The Amish, who were chased out ofEurope 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. "The US 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."

TheWashington-based Becket Fund is a civil rights law firm dedicated to protecting the free expression of all religious traditions. Proskauer Rose LLP, an international law firm with over 800 lawyers worldwide, is based inNew York City. Proskauer Rose LLP is providing pro bono assistance to the Amish families.

"Defending the Amish against religious discrimination is part of our firm's strong commitment to civil rights," said Michael Mervis, a partner who with fellow Proskauer attorney Jessica Kastner, is leading Proskauer Rose's efforts. "New York would be a poorer place if the Amish were forced to leave due to discrimination and bureaucratic intransigence. We look forward to prosecuting this case vigorously."

The 17-count complaint charges that since 2006,Morristown officials have singled out the Amish, who belong to the Old Order Swartzentruber Amish, for prosecution under local building codes, bringing more than ten separate prosecutions for building or moving homes without permits requiring battery-powered smoke detectors, certified architectural plans and other modern innovations forbidden to the Amish.

The Swartzentruber Amish are among the most traditional of the Amish groups, adhering to the old ways and shunning many modern conveniences. The Swartzentrubers split from other Old Order Amish in the early 1900's, citing the need to keep the old ways.

According to the complaint, the Amish, who have been living in theMorristown region for decades, have had no trouble receiving building permits before 2006. It is common practice among legal authorities inIllinois,Pennsylvania and other states with large Amish populations to provide significant accommodations for Amish religious practices.

The lawsuit argues that if the Amish are not allowed to build in accordance with their religious beliefs, they will be forced to sell their homes and property inMorristown.

The complaint notes that the Morristown's code enforcement officer Lanetta Kay Davis, who was appointed in 2006, has issued a number of code violations to the Amish. The complaint alleges that she has also posted messages at an anti-Amish website and zealously enforced the code, even issuing tickets on off-hours after making unannounced visits to Amish homes to conduct intrusive inspections.

Morristown officials have openly criticized Gov. David Paterson and other state officials for not providing state funding and legal staff to help the town prosecute the Amish.

TheWashington-based Becket Fund for Religious Liberty is a nonpartisan, interfaith, public-interest law firm dedicated to protecting the free expression of all religious traditions.

To arrange an interview with a Becket Fund attorney, contact Tom Carter at 202-349-7205, or 202-538-2044 (cell) or becketfund.carter@gmail.com.

To arrange an interview with a Proskauer Rose attorney, contact Josh Epstein at 212.969.3047, or by email at jepstein@proskauer.com.

A copy of the lawsuit, Yoder v. Morristown, is available online at http://www.becketfund.org/files/1eeff.pdf.

SOURCE Proskauer Rose LLP