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Amish Sue New York Town for Discrimination Over Building Code Enforcement
Fox News / AP ^ | January 06, 2009

Posted on 01/06/2009 8:57:51 PM PST by bamahead

The Amish families claim the town of Morristown has refused to issue building permits that would allow them to practice their religion and build homes according to their beliefs.

"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.

Before 2006, the Swartzentruber Amish in Morristown were granted building permits and allowed to build their structures according to traditional standards and customs without interference, according to the 37-page lawsuit filed in U.S. District Court in Watertown.

However, since 2006, Morristown officials have brought more than 10 separate prosecutions against the Amish, the lawsuit said....

(Excerpt) Read more at foxnews.com ...


TOPICS: Business/Economy; Culture/Society; Government; News/Current Events
KEYWORDS: amish; freedom; lawsuit; lp; nannystate
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To: CondorFlight
I'd certainly be happy to live in any house built by the Amish, though I'll have to install a few things that I've come to like, such as electrical and extended plumbing, both of which the Amish also fail to meet the specifications of the local building codes. Ahh, yes, I can just see that inspect judiciously pointing out that there is not an outlet on each wall, light switches aren't installed at the ADA proscribed height, doors aren't wide enough to accommodate a powered wheelchair...
21 posted on 01/06/2009 10:11:11 PM PST by kingu (Party for rent - conservative opinions not required.)
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To: kingu

Code here requires a plug every 8 to 12 feet (forgot the exact number) regardless if it is the same wall or not. Even in hallways...


22 posted on 01/06/2009 10:20:07 PM PST by DB
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To: kingu

that, or if they’re like the amish in my area, they have lp gas powered lights in the house and their freezers run on propane too—can’t have that now—gotta keep their food spoiled and their homes in the dark......


23 posted on 01/06/2009 10:22:35 PM PST by Schwaeky (The Republic--Shall be reorganized into the first American EMPIRE, for a safe and secure Society!)
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To: bamahead

I had to have a fight with the city inspectors about not having windows in a home theater... They demanded that it have windows and I didn’t want windows. We’re talking about a home theater where you want it dark, not some bedroom...

After getting an building code expert to write the city a letter saying that code permitted it I finally got it through... But as always, it is all on you time and your dime...


24 posted on 01/06/2009 10:23:21 PM PST by DB
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To: Beelzebubba

You’ve hit the nail on the head here, Beelzebubba.

The Amish have a long record of fine craftsmanship...craftsmanship that far exceeds what is typically available today. I bet THEIR walls don’t rattle when you walk down the hallways.

And if a non-Amish is considering a purchase, it should be HIS responsibility to see to it that the house meets whatever standards he deems appropriate. If it doesn’t, he of course should not buy it.

Regards,


25 posted on 01/06/2009 10:27:40 PM PST by VermiciousKnid (Wake up and smell the incense!)
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To: ReneeLynn

You shouldn’t have had to pay that ridiculous fee, either, ReneeLynn.

Government bureaucrats like town building departments are nothing but money-grubbing toads looking for job security and kickbacks. I would never in a million years rely on a town-approved C.O. as “proof” of a home’s fitness for occupancy.

Everybody would be better off if they were all fired and went into business for themselves as REAL home inspectors. They’d make their own (and probably better) money and we taxpayers wouldn’t have to pay them OR any stupid $25 fence fee.

Regards,


26 posted on 01/06/2009 10:32:58 PM PST by VermiciousKnid (Wake up and smell the incense!)
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To: DB

Speaking of windows...a neighbor of mine got about a bazillion permits in order to re-roof, re-side, and generally refurbish his home.

So the town inspector comes by and hits him with a fine for having the “wrong” windows. Seems the guy wanted to replace the divided-light windows that were original to the house with — you guessed it — NEW divided-light windows. The inspector said he had to have those ugly plain windows because they were “safer” in the event of a fire.

Stupid me, I thought that’s why all those firemen carried axes.

Regards,


27 posted on 01/06/2009 10:36:59 PM PST by VermiciousKnid (Wake up and smell the incense!)
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To: VermiciousKnid

At least one window per bedroom is required to open large enough to get out of (egress) in a fire. That’s a pretty common requirement. You are supposed to be able to get out without a fireman’s help...


28 posted on 01/06/2009 10:48:44 PM PST by DB
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To: Hilda
Smoke detectors are against their religious beliefs? Sorry - I have to disagree. Smoke detectors prevent buildings from burning down, and fires spread. Maybe to the houses of people who AREN’T Amish

Smoke detectors only alert occupants that there is smoke. They don't prevent buildings from burning down.

The Amish live in rural communities almost exclusively on farms with vast acreage. There is next to no risk of a fire spreading to a neighbor. However, in the event of a fire, the entire community pitches in and rebuilds your home at no cost.

jas3
29 posted on 01/06/2009 10:53:13 PM PST by jas3
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To: Talisker

I did no such thing.

Just trying to argue against a possible legal precedent.

You are a tool.


30 posted on 01/06/2009 10:55:26 PM PST by lmr
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To: lmr
I think there is a point in which some lines must be drawn. I don’t think that telling the Amish to observe the same local building codes as everyone else is an over-reach.

If they were Amish contractors wanting to sell houses to non-Amish buyers you'd be right. But since both builders and occupants of the houses in question are Amish (possibly the same people) and don't want the stuff mandated, and the lack of the stuff doesn't endanger anyone not a part of the transaction, what's it to the goobermint if they want smoke defectors or not? You're in effect protecting them from themselves.

(Yes I know the goobermint does it all the time, but I don't agree with it those times either)

31 posted on 01/06/2009 10:56:39 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: DB

Oh, the windows OPENED, DB. They were 6 over 6 double hungs.

They were EXACTLY like the old windows except that they had the doubled glass and vinyl exterior/wood interior.

Regards,


32 posted on 01/06/2009 10:57:17 PM PST by VermiciousKnid (Wake up and smell the incense!)
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To: ReneeLynn

And since you were simply replacing existing construction, you asked about a permit why?


33 posted on 01/06/2009 10:58:42 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: Age of Reason

You seem to be paranoid. I detect a possible Libertarian and maybe a Ron Paul acolyte...

Arguing against driver’s licenses or proper photo i.d. is ridiculous.

I hope you have your tin-foil hat on. The men in black are coming.


34 posted on 01/06/2009 10:59:07 PM PST by lmr
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To: Still Thinking
If they were Amish contractors wanting to sell houses to non-Amish buyers you'd be right. But since both builders and occupants of the houses in question are Amish (possibly the same people...

If the Amish could guarantee self-ownership for the entire economic life of the property, then maybe...

Anyhow, I understand. I don't wear a seatbelt and I might participate in a tax revolt real soon. ;-)
35 posted on 01/06/2009 11:02:16 PM PST by lmr
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To: jas3
However, in the event of a fire, the entire community pitches in and rebuilds your home at no cost.

ooohhh the government has it's hand out.....let them try to get a building permit to rebuild for free....

36 posted on 01/06/2009 11:05:58 PM PST by tioga (Rejoice, our Savior is born.)
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To: lmr

I thought of that, but I’ll bet Amish homes tend to stay in Amish hands pretty much forever. Besides, anybody that wants to move in won’t get a mortgage on home that isn’t code-compliant, so anyone buying one is paying cash and probably knows what he’s buying. If even that’s not good enough, pass an ordinance that says title transfers will not be recorded without a notarized waiver from the buyer acknowledging the variances.


37 posted on 01/06/2009 11:06:48 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: Still Thinking

As long as we aren’t setting some kind of dangerous legal precedent, I have no problem with whatever the Amish want to build, even if they want to construct igloos in the middle of summer.


38 posted on 01/06/2009 11:10:26 PM PST by lmr
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To: Still Thinking

OMT,

The Mennonites here (Amish) build homes for poor people regardless of race/religion who get them at DEEP discounts, so yes, the Amish do build quite a few things for others. Just Food For Thought


39 posted on 01/06/2009 11:12:08 PM PST by lmr
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To: lmr

The most dangerous legal precedent is to pay attention to what a bunch of goobers who steal money from others at the point of a gun tell you to do.


40 posted on 01/06/2009 11:12:22 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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