A Centre County judge ruled that two Amish men must comply with a Walker Township ordinance barring them from keeping horses on their property.
However, Judge David Grine agreed the ordinance imposes a burden on the men's freedom of religion. He suggested that one of the men seek a variance that would allow him to keep a horse on his 5-acre lot. The other man has a lot smaller than an acre.
Daniel King and Daniel Beiler, both members of the Old Amish Order, live on property zoned as high-density, multi-family residential, known as R-3. In Walker Township, livestock is prohibited in R-3 zones, and in September 2002, Walker Township fined both men for keeping horses on their property.
The men objected to the citations, and after a series of court appearances, Judge David Grine heard arguments from both sides March 19.
In a complicated, 15-page opinion filed Thursday afternoon, Grine wrote that he thought "the township's arbitrary decision to disallow horses on any size lot in R-3 substantially burdens the religious practices of the Old Order Amish who live in Walker Township."
Old Order Amish must avoid secular trappings and live a simple lifestyle. They're not allowed to own motorized vehicles; instead, they rely on horses as their primary mode of transport. Although Amish may ride in motorized vehicles and may pay for a taxi service, they're not allowed to use money on Sundays and would be shunned if they showed up for worship services in a motorized vehicle, Beiler said in court.
Grine agreed that Walker Township has "legitimate concerns about horse-waste disposal, rodent control, wastewater runoff, and other health and safety threats that can arise when maintaining large farm animals in a residential neighborhood." But he found the R-3 zoning ordinance is "arbitrary" and "unreasonable against a religious-freedom challenge."
Even so, Grine wrote that he could not support the amendment to the zoning ordinance proposed by King and Beiler and discussed at a township hearing last April because it would allow horses to be kept on lots of up to two acres. Other areas with high populations of Old Order Amish, such as Lancaster County, have ordinances restricting farm animals from properties of less than an acre, Grine wrote.
The 1-acre minimum is also consistent with standards set forth by the U.S. Department of Agriculture and the state Department of Environmental Protection, among other agencies.
Grine encouraged Beiler to apply to the township for a variance because he owns a 5-acre lot.
James Bryant, representing King and Beiler, said he thinks Grine's opinion is "well-written, thoughtful and confusing." David Consiglio, Walker Township's attorney, said much the same thing.
Although Grine wrote that the ordinance violates the religious freedom of Old Order Amish, Bryant said, "King loses by two-tenths of an acre."
Consiglio said that he's glad Grine ruled in the township's favor and that the judge agreed with the main thrust of their argument.
"He made it clear that the ordinance is neutrally applied," Consiglio said.
Bryant said he has proposed a solution to Consiglio, who will present it to the township supervisors. He declined to say what he proposed, but said "any reasonable person would accept it."
If it's not accepted, Bryant said, he'd consider filing an appeal on King's behalf.
Consiglio said he has not met with township supervisors to discuss Grine's decision and isn't sure what his next step will be.