EBENSBURG, Pa. -- A judge has ruled that an ultraconservative
Amish congregation must use orange-and-red reflective triangles on their
buggies despite arguments by the group that gaudy decorations violate their
beliefs.
Twenty members of the Swartzentruber Amish sect who live about 65 miles from
Pittsburgh were hit Thursday with 27 fines of $95 each for failing to use the
slow-moving vehicle symbol on roadways.
Donna Doblick, the Pittsburgh attorney representing the Amish for the American
Civil Liberties Union, said she'll appeal the ruling to Pennsylvania Superior
Court. The fines were suspended until the appeal is heard.
Instead of the triangles, the Swartzentruber prefer to use a gray reflective
tape and a lantern on the rear of their buggies. Gray or white reflective tape
is legal in nine states for use on slow moving vehicles, including Ohio, where
the sect lived until two years ago.
"We're disappointed. It's hard to understand how in nine states they can
make the requested accommodation for the Amish, but in Pennsylvania -- the
cradle of religious liberty -- they can't respect the Amish's beliefs,"
said Vic Walczak, executive director of the Pittsburgh branch of the ACLU.
Cambria County Judge Timothy Creany ruled that Pennsylvania can abridge the
Swartzentruber's religious beliefs because it has a "compelling
interest" -- namely, keeping the Amish and other vehicles safe on public
roads.
Creany relied on testimony given last month by state transportation experts,
who said the triangles are more visible than the tape during the day -- when
statistics show about 61 percent of all vehicle-buggy accidents occur.
Doblick said those statistics don't prove anything, however, because they don't
show how the accidents occurred or who was at fault. "There's no evidence
that any of those crashes could have been prevented by bathing the vehicle in
color," she said.
The Cambria County District Attorney's Office, which is prosecuting the cases,
didn't immediately return calls for comment on the decision.
Creany said in his 12-page ruling that he "admires the strength of choice
that the members of this congregation have made" and hinted he would
prefer to let the Amish use the reflective tape they prefer.
"This court, however, does not have legislative authority and ... (if)
change is to be had it must come from the legislative arm of government,"
Creany wrote.
The state Senate has approved a bill that allows the Swartzentrubers to
substitute the gray reflective tape and a lantern. The bill is now before the
state House Transportation Committee.
Although some less stringent Amish sects already use the reflective triangles,
the Swartzentrubers have vowed to leave the state if they lose the appeal or
the bill doesn't become law.