Nanny State Government Running Amuck.
terribly early in the morning on Wednesday, the 7th of January 2009 by Katie
I’ll be honest. I am against most of the laws that were put in place to protect people from their own stupidity. I believe that in the freedoms that we were given by our founding fathers is the freedom to make mistakes and the freedom to be stupid.
Take seat belt laws. Do I disagree that seat belts can save lives? No. Do I think that they should be mandatory? No. If someone chooses not to wear them, and then is significantly injured in an auto accident, that was the risk that they took.
Out of New York is a case that involves Freedom of Religion and Nanny State laws. It involves a very traditional sect of Amish and recently enacted building code laws.
Amish Sue New York Town for Discrimination Over Building Code Enforcement
Amish farm owners had been permitted to build their homes in accordance to their believes in this town until 2006, when the town adopted a stricter building code.
Building codes are established by the state and enforced by towns, villages and cities. Morristown officials said they updated their 22-year-old building codes in 2006 based on a model law provided by the state. The code requires new and existing structures “to keep pace with advances in technology in fire protection and building construction.”
The Amish are members of the Old Order Swartzentruber sect, among the most traditional of the Amish groups. They don’t deny building houses without permits and have said they were willing to purchase building permits, but contend the requirements of the codes — such as having smoke detectors, submitting engineering plans and allowing inspections — violate their religious beliefs.
However, since 2006, Morristown officials have brought more than 10 separate prosecutions against the Amish, the lawsuit said.
The 17-count complaint alleged that Morristown code enforcement officer Lanetta Kay Davis, who was appointed in 2006, has selectively issued a number of code violations to the Amish. The complaint also alleged that she has posted messages at an anti-Amish Web site and zealously enforced the code, even issuing tickets on off-hours after making unannounced visits to Amish homes to conduct intrusive inspections.
I believe the town should leave the Amish alone. Even if they are breaking a code, the only “victim” would be themselves. If they choose to build houses without electricity or fire alarms, who are they hurting?
The Amish decided to file a federal lawsuit after Morristown Town Judge James Phillips ruled in July that their religion gave them no special standing to avoid compliance with local building codes.
“The Amish desire `not to conform to this world’ must be reasonably and rationally tempered with required compliance to regulations imposed by a town and society in which they are citizens,” he wrote in a 10-page decision.
The judge ruled the building code law “was put in place for the safety of all in mind and without discrimination.”
However, the lawsuit noted that there have been no building collapses, fires, or other public emergencies that would provide the town with a compelling interest to enforce the building code on the Amish.
I think that the building codes go against Freedom of Religion, in the case of the Amish. I believe that the codes would be discriminatory against the Amish when enforced. It would effectively force them to relocate, since they cannot comply with the code and follow their religious beliefs at the same time.
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January 7th, 2009 at 9:36 am
I think this is more about the state’s wallet than them actually being “nanny” about it.. do you really think they CARE about the Amish?
The Amish are quiet people .. they keep to themselves, they tend to themselves, they govern themselves.. Their homes, and everything are by far better built & safer than about anything out there.
The reasons for fires, floods etc,… is modern engineeering, not exactly something Amish do eh?
And do they think of the Amish as a pile of money? They need to find a more substatial source to pick on.. how about their own government?
January 7th, 2009 at 11:30 am
I think that the problem was this – some bigwig got tired of sitting in traffic behind a horse and buggy….
And, it is amazing how other rules are bent for other religious beliefs. Yet, they chose to pick on the Amish, because they didn’t issue a CO.
If an Amish person decides to “risk” living in a house that has no power and no fire alarms – shouldn’t that he up to him? He’s not forcing everyone else to go without…
January 7th, 2009 at 3:00 pm
Just out of curiosity, would you feel the same way if a religious group claimed that something more directly dangerous was part of their belief system and so they were going to ignore local, state and federal laws? Suppose they believed in dueling with pistols? What if this belief put their children at risk, or passersby, or perhaps you?
How would that work in your eyes?
January 7th, 2009 at 3:50 pm
Oh, I realize that some religious rules have to be tempered. Our country does not allow a man to have more than one wife, while several religions do. Some religions use “illegal substances, and I believe that most, if not all, have lost their court challenges.
But, I still say that the government has to get out of the business of micro-managing individuals lives.
Specifically relating to the Amish, they are not hurting anyone if they choose not to put electricity or fire alarms in their own houses. This is not a “new practice” for them. This is the way that they live. They have lived in our country for quite awhile, as they are. I think that the gov should “butt out”. This is their way of life. This is how their children are raised. To force feed modernization on the Amish is just plain wrong.
The town would “solve” everyone’s problem by issuing a variance to the Amish. It is done all the time with other matters (porches that encroach on the right of way, sheds that encroach the building restriction line). There is no reason why this shouldn’t qualify, also.
January 8th, 2009 at 8:54 am
I will even go farther at this time:
I do not believe that our government should be able to force physician and pharmacists to provide services that are agains their faith. For example, I do not believe that Catholic hospitals, doctors and pharmacists should be forced to provide abortion counseling or services. If someone really wants to obtain these services, there are other outlets.
I do not believe that churches should be forced by the gov to conduct gay marriages, if this is against their faith. There is a case in NJ where a pavilion, owned and operated by the United Methodist Church, is being forced to allow gay marriages on their premises. I think that this is wrong. There are other places that these couples could go to.
January 9th, 2009 at 1:09 pm
alexander.. the issue you mention is when the religious beliefs are dangerous to others.. that is wrong be it backed by religion or not..
the Amish are the safest religious group, the way they live has the less risk than the mainstream Americans live.. even in our bubble wrapped world, if someone wanted a safer way of life they might want to look into the way Amish live.
I grew up down the street from Amish people, I have seen them, how they live.. and I highly respect them, their religion and lifestyle.
The intent of the government in this situation is simply to grab more money.. they need to look at a better source..
January 28th, 2009 at 10:19 am
The Nanny State is about to go into overdrive:
http://paleoconservatist.blogspot.com/2009/01/white-house-agenda.html