Morristown, USA - An attempt to reach an out-of-court settlement has failed in the case of 11 Amish families who are suing the town of Morristown for religious discrimination.
"Plaintiffs and defendants have been unable to reach a settlement, despite continued settlement discussions," wrote Michael T. Mervis, a New York City attorney with Proskauer Rose LLP, representing the Amish. "Therefore, both parties respectfully request to resume litigation."
The case before U.S. District Court Judge George H. Lowe will be scheduled for trial, likely late next year or early in 2011.
"Morristown had the chance to end its crusade against the Amish," Lori H. Windham, an attorney for the Becket Fund for Religious Liberty of Washington, D.C., representing the Amish families, said in an e-mail. "It refused. Morristown taxpayers should ask themselves, how much money is the town going to waste on this?"
The town's insurance carrier is covering the attorney's fees for the case, town officials said.
The Amish say the town refuses to issue permits that allow them to build homes according to their beliefs. The Amish, members of the Old Order Swartzentruber sect, say their religious beliefs will be violated if the town forces them to install smoke detectors in their homes, submit engineering plans and allow home inspections.
The lawsuit filed in January says the Amish will be forced to leave the town if they cannot build their homes and farms.
Eleven Amish men have been charged in Morristown since 2006 with failure to comply with building codes. Those cases have been delayed for more than a year for various reasons, including a lengthy search for an interpreter.
The lawsuit says the town is selectively enforcing the law against the Amish to effectively force them from the community.
Morristown Town Council members said previously that they must enforce building codes because turning a blind eye to the Amish will create unfair enforcement. Building codes are set by state law but enforced by municipalities.
The lawsuit also contends the town's code enforcement officer has made several postings on a Web site devoted to criticism of the Swartzentruber Amish religion, culture and practices. She also reportedly asked "nearby jurisdictions to take a hard line on code enforcement and issue citations to the Amish in their towns."
Swartzentruber Amish also have encountered building code disputes in Hammond, Western New York, Pennsylvania and Wisconsin. The 11 Amish men do not deny the charges, but say code requirements violate their right to freely exercise their religion.