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Building Permit Charges Against Amish Farmer Dismissed on Free Exercise Grounds

By Howard M. Friedman

In Jackson County, Wisconsin, a state trial court judge earlier this month dismissed on free exercise grounds charges against an Amish farmer and his wife that they failed to apply for a building permit to build a home and a second residence on their property. According to yesterday's Jackson County Chronicle, defendant Samuel F. Stolzfus refused to sign a building permit application on religious grounds because he did not know if he could adhere to the promise in it that he would comply with local ordinances and the state's uniform dwelling code. The court concluded: "The town has failed to establish a compelling governmental interest in requiring signed applications from the Amish and, therefore, may not enforce the ordinance against them." In the two-year old case, the town did not charge that there were actual safety problems with the buildings Stolzfus constructed.

Full post as published by Religion Clause on January 28, 2010 (boomark / email).