If you build it, they will come (and fine you)

I wrote about the problems in Wisconsin, but this story is about the Amish residents in New York State who have gone to the courts over their building permits.

“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.

I wonder how much permits have to do with safety and how much they have to do with making everyone conform to some arbitrary set of rules just so they can slap down the people who don’t want to follow them. I also wonder why the Amish are so dead set against smoke detectors. I know it’s not because they don’t want to fuss with changing all the batteries every year. You’d think the group would be willing to make some concessions, though, but apparently not. They take their traditionalism to the extreme.

I also wonder if they have a particular verse in the bible that gave them the original idea to shy away from technology and advancement, or if one of their leaders back in the mists of time came up with it and they’ve seen no good reason to alter that decision.

Turning to religioustolerance.org, I get some of the answers. I see they set themselves up as an alternative to the wayward Mennonites who were out of control, at least by their standards, and many migrated to the New World as a means of avoiding persecution, taxes and the draft.

These days there are a few different groups of Amish, some who are a little more lenient with the gadgetry, and the Old Order that still adamantly eschews anything that didn’t exist in old Europe.

I don’t know where I sit on this one. I think they should be allowed to build as they’ve always built, but I also think they shouldn’t get special treatment on account of their faith. Loosen up the building codes maybe? If people don’t want smoke detectors in their private residences, is it really the city or state’s business? If they don’t want to use treated wood, or like their ceilings a different height, or doorways a different width, who is it hurting?

One Response to “If you build it, they will come (and fine you)”

  1. KraftyKeri Says:

    This is very interesting; I don’t really know where I would sit on this one either. I don’t know enough about building codes.

    I do believe that a law requiring smoke detectors is a good thing, and that no one should be able to refuse to install them based on their religion, because in that case you are putting lives in danger.

    As far as other building code requirements… If you make exceptions to building code requirements based on religion, where does it end? The reasons for some requirements may not be so obvious, but I’m sure there are reasons and they are not just arbitrary. Maybe doors have to be a certain width to allow people to exit easily in case of an emergency, or to allow wheelchairs through.

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