Eleven Old Order Amish families filed a religious discrimination lawsuit in federal court Tuesday, claiming a northern New York community is targeting them for building code enforcement.

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 Amish said if they cannot build their homes and farms in their traditional ways, they will be forced to sell their homes and property and leave.

"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, national litigation director at the Becket Fund for Religious Liberty, a Washington, D.C.-based legal organization that joined in the lawsuit.

"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.

Building codes are established by the state and enforced by towns, villages and cities. Morristown officials said they updated their 22-year-old building codes in 2006 based on a model law provided by the state. The code requires new and existing structures "to keep pace with advances in technology in fire protection and building construction."

The Amish 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 the requirements of the codes — such as having smoke detectors, submitting engineering plans and allowing inspections — violate their religious beliefs. (Continues)
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