Constitutional Law

Amish, state square off over safety triangles for buggies

By By The Associated Press

LOUISVILLE, Ky. ? An argument over whether a state law requiring bright orange safety triangles to be displayed on certain slow-moving vehicles violates religious freedom came before the Kentucky Court of Appeals late last week.

A lawyer for nine Amish men from western Kentucky argued before the court on March 24 that they should not have to put the symbols on their horse-drawn buggies.

William Sharp of the American Civil Liberties Union of Kentucky argued that the requirement violates the modesty code of the men, members of the strict Old Order Swartzentruber Amish sect, and requires them to trust their safety to a manmade symbol rather than God, The Courier-Journal reported.

"This case is about the right of Kentuckians to freely exercise their religious beliefs and by necessity the limits of government's ability to impose a substantial burden on that right," Sharp said.

The case involves a decades-old state law requiring the triangles be placed on certain slow-moving vehicles, such as horse-drawn buggies and farm equipment.

During the hearing, held at the University of Louisville law school, state Assistant Attorney General Christian Miller said the state has the right to regulate safety in the face of what he called "a very real problem."

"Some of these highways are 55 mph highways," he said. "The buggies are capable of ... at most 10 mph. ... There are accidents aplenty in the record."

One of the three judges hearing the case said the Amish men were putting not only themselves at risk but also children in cars whose drivers may not be able to avoid striking the dark, slow-moving buggies.

"We want to restrict governmental intrusion into our lives, but (not) when you start endangering other people," Judge Kelly Thompson said. "There might be a baby in the car that hits that buggy. How do you justify putting that baby in danger to express your religious beliefs?"

The nine men were convicted in Graves County District Court of misdemeanors.

One of the nine who were appealing their convictions, Jacob Gingerich of Graves County, declined to comment at length, but said he and his community have often prayed about the outcome of the case.

The Amish are members of a Christian group best known for modest dress, horse-based farming and transportation, pacifism, German dialect and close-knit, isolated communities. Most Amish branches are willing to comply with laws requiring the triangles.

There are an estimated 7,750 Amish in Kentucky, 43,710 in Indiana, and 249,245 in North America, according to the Young Center for Anabaptist and Pietist Studies at Elizabethtown College in Pennsylvania.

Senior Judge Ann O'Malley Shake said the panel would issue a decision later.

Full post as published by First Amendment Center on March 26, 2011 (boomark / email).