Ky. prosecutor presses to enforce traffic fines against Amish
MAYFIELD, Ky. — A western Kentucky prosecutor says there should be no more delays in enforcing traffic fines against nine Amish men cited for not displaying slow-moving-vehicle symbols on their buggies.
The Kentucky Court of Appeals on June 3 denied a petition from the men. In the unanimous decision, Senior Judge Ann O’Malley Shake wrote that the men’s religious rights could not infringe on the rights and safety of the public. The case was sent back to a Graves County Court.
Assistant Commonwealth’s Attorney Scott Robbins told The Paducah Sun that he expected to ask at an Aug. 25 hearing that the citations be enforced. If the men continue to refuse payment, they could be jailed.
The group is being represented by American Civil Liberties Union attorney Bill Sharp of Louisville. He is considering his next move, which could be an appeal to the Kentucky Supreme Court.
“We’re evaluating the options, and we’ll be discussing those with our clients to decide how they want to proceed,” Sharp said.
The men object to using the triangular symbol, saying it violates their religious beliefs. They are part of the Old Order Swartzentruber and say the orange emblem is too worldly and that the shape could be construed to represent the trinity. They sought to outline their buggies in reflective tape and use lanterns after dark.
Robbins said even if case is appealed again, he planned to ask at the next hearing for immediate payment of the $25 in fines and $138 in court costs per violation.
“We’re done continuing it,” he said. “I think it’s time we start enforcing it.”
Robbins said typically when someone doesn’t pay a court-ordered fine, that person is found in contempt, which is punishable by up to six months in jail.
The issue is far from over. There are 27 Amish men, including some of the nine, who are due in court Aug. 25 for failing to display the slow-moving vehicle emblem.
Robbins said the case is difficult because he likes the Amish men and respects their way of life, but he worries that the unmarked buggies pose a hazard to other vehicles and doesn’t want someone to get hurt or killed.
“Nobody really wants to see these guys go to jail, I don’t think,” he said. “We just want them to follow the law and get the emblem.”
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Tags: Amish, Associated Press, religious belief
4 Responses to “Ky. prosecutor presses to enforce traffic fines against Amish”
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I can’t believe the court can do this… doesn’t this go against the their religious rights? The courts say it’s for safty but I have to ask, how hard is it to see a buggy? If they are willing to put reflective tape and put lights on for night they should be pretty easy to see. Anyone that can’t see them probably shouldn’t be driving if the concern is safty…. While I’m not amish I do hold a great deal of respect for them and their way of life, they have been living the same way for years and all of a sudden it’s a danger? Who are we to try to force them to buy and wear a special symbol of our choosing, we said there was a problem and they were willing to compromise….
Personally I don’t believe the government has the right to arrest them, and to do so is unconstitutional.
It’s actually VERY hard to see a buggy after dark — especially if it’s a black buggy, which most if not all Amish buggies are. A more reasonable restriction would be for the statute to prohibit driving a buggy on public roads AFTER DARK unless it has a safety emblem. In that case, the Amish men in this case would simply have to stop for the night at sunset.
I could understand that, although i think hanging lanters would make them plenty visable myself. Either way it would give them the ability to still function and live according to their beliefs. However at http://www.courier-journal.com/article/20110912/NEWS01/309120084/Amish-men-ordered-jail-after-refusing-pay-fines
It clams “The men have sought permission to use lanterns and gray reflective tape rather than orange, but the state and courts have said that wouldn’t be as effective in daytime.” implying the problem’s not during the night but rather during the day…
While harder to excuse, then, I still see the argument: the buggy IS going to be traveling MUCH slower than the prevailing speed, and needs to be visible. The principle’s the same as turning on your blinkers if you have car trouble and have to pull over.
I’d guesstimate an Amish buggy’s normal traveling speed at 10 mph, which would cause problems for anyone going faster than, say, 40 mph. Proposed solution: take my above proposal, but allow the lanterns and gray reflective tape after dark, and add a restriction that unless you have the orange emblem and reflectors on your buggy you can’t travel on a road with a speed limit over 35 mph at any time of day.