The Becket Fund FOR RELIGIOUS LIBERTY

Yoder v. Morristown, New York (2006 – present)

A community of Swartzentruber Amish has been living peaceably in Morristown, New York for decades, and though they practice a traditional form of the Amish faith, they had never had trouble obtaining building permits or legally maintaining their homes and property.  This changed in 2006 when the Amish began to experience religious discrimination by the town government, including its new code enforcement officer, who began targeting the Amish for enforcement action under the town zoning code. The code enforcement officer, who has been posting messages on an anti-Amish website, issued the Amish citations for failing to install battery-powered smoke detectors, use certified architectural plans, or install hurricane tie-downs, among other things, even though she knew these modern innovations are prohibited by Amish religious practice.  The Amish contend that if the town’s current course of action continues, the entire community will likely be forced to leave Morristown because they will be unable to live in accordance with their religious beliefs.  This is especially grating since the Amish have been allowed to live in accordance with their beliefs in other parts of New York state.

The Becket Fund and the New York-based firm Proskauer Rose LLP are representing eleven Amish families in a suit petitioning a New York federal district court to end Morristown’s continued violation of the Amish community’s rights under the United States and New York constitutions.

“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, Becket Fund National Litigation Director . “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.”

The defense of the Amish moves forward.  As stated by Lori Windham, Senior Legal Counsel, “Morristown had the chance to end its crusade against the Amish.  It refused.  Morristown taxpayers should ask themselves how much money is the town going to waste defending this case?”

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For more information, or to arrange an interview with one of the attorneys, please contact Emily Hardman, Communications Director, at ehardman@becketfund.org or call 202.349.7224.

*Photo by Jennifer Meyers. (c) Post-Standard.  All rights reserved.  Used with permission of The Post-Standard.