Amish men jailed for refusing to pay buggy fines

Graves County deputy Zach Dunigan escorts Ananias Byler to the Graves County Jail after appearing in Graves County District Court in Mayfield, Ky., Jan. 12, 2012. / AP Photo

MAYFIELD, Ky. - A group of Amish men were sent to jail in western Kentucky Thursday for refusing to pay fines for breaking a state highway law that requires their horse-drawn buggies to be marked with orange reflective triangles.

The men have a religious objection to the bright orange signs, which they say are flashy and conflict with their pledge to live low-key and religious lives.

Ananias Byler, the first of 10 Amish men due in Graves County District Court on Thursday, was sentenced to 10 days in jail. The men were jailed for being found in contempt of court for refusing to pay the fines. Byler told Judge Deborah Crooks Thursday that he would not pay the $489 he owes.

"I totally understand your objection," the judge told Byler. "But you're in violation, and it's not up to me to change the law. It doesn't really matter what I think about any of this."

Photos: Inside Amish Life

The men belong to a conservative breakaway group of Amish known as Swartzentruber. They live simply, with no electricity, plumbing or appliances. But in recent years they have been running afoul of the law for refusing to use the triangles on their buggies, and some were sent to jail last year.

9 Amish men get jail in Ky. safety triangle case

The Amish men, wearing long dark coats on a snowy day in Mayfield, removed their black wide-brimmed hats before entering the courtroom. They sat quietly until their names were called.

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Jacob Gingerich said he and the other men will continue to refuse to pay the fines. Gingerich owed the most, $627, and was sentenced to 13 days in jail Thursday.

"We're just not going to pay," Gingerich, a farmer with 12 children, said before the court appearance.

Police and prosecutors say the orange triangles help motorists see the buggies and avoid collisions.

"You get behind one of the buggies at night, you can't see it," Graves County Sheriff DeWayne Redmon said. "We're citing them for their own safety as well as the safety of others."

Gingerich and two other Amish men, with help from the Kentucky chapter of the American Civil Liberties Union, have sued over the state highway law, saying it infringes on their religious freedom. The Kentucky Supreme Court has agreed to hear the case later this year after the state appeals court rejected the Amish men's argument in June.

Gingerich said Thursday that he wished the judge would have waited for the state Supreme Court to hear the case before throwing the men in jail.

Kentucky lawmakers are considering changes to the highway law to allow the Amish to use gray reflective tape instead of the orange triangles.

Of Kentucky's 120 counties, Graves County has recorded the most violations for failure to use the orange triangles in the last five years, according to data obtained by The Associated Press. The county has recorded 57 of a total of 89 violations statewide since 2007.

[NedNetterville]

"I totally understand your objection," the judge told Byler. "But you're in violation, and it's not up to me to change the law. It doesn't really matter what I think about any of this."

In other words, "My conscience tells me you have done nothing wrong, but I will go against what I know is right because I believe in the "authority" superstition that holds me in thrall.

[inbargains]

Right and I bet if you look at Judge Deborah Crooks docket you'd find plenty of deferred cases. I bet if you dig deeper you'd find she's "looked the other way" when a buddy or friend got into trouble.

We just had a County Sheriff Deputy CAPTAIN get to PLEA bargain a DWI at over twice the legal limit down to a reckless driving charge. No mandatory license suspension, no DWI on his driving record and no mandatory abuse treatment class. His penalty at this job was losing his take home Police car privilege for a year and demotion from Captain to Sargent. How is that justice for you? Of course the local paper wouldn't print it either. I bet NO OTHER CITIZEN in our County has ever gotten a deal like that for a DWI.

I bet Kentucky has plenty of these same "favors" going on for friends and relatives. They couldn't look the other way with these Amish guys but I bet they have DOZENS of farmers moving farm equipment daily on those same roads that have NEVER had an SMV triangle and never been ticketed. It's pretty obvious these Amish guys have been singled out and are receiving a different type of justice than their non-Amish neighbors.

The whole State writes 80 tickets a year for SMV violations but 60 are in this County? Plain to see the Amish are being persecuted for some reason. I think the ACLU will soon make them pay for this injustice. If they're going to do a SMV sweep and crack down on these violators they better make darn sure they include ALL OF THEM. AS it stands now it looks like they've only targeted the Amish and for that they'll pay dearly with a religious prosecution suit at the very least. These Officers will have a lot of explaining to do as to why they only found Amish violators and not any farmers. I can tell you without a doubt plenty of farmers down there don't have SMV on every piece of equipment they move around on the roads.

[inbargains]

More accidents happen in Kentucky by slow moving deer on the road than by slow moving buggies. Some drivers have even killed. A large deer can weigh as much as a buggy. Deer are also very hard to see at night when you're driving highway speeds. I think they need to put orange SMV triangles on all the deer that share the road with drivers. If the deer refuses then I they should be ticketed. If they don't pay the fines then toss them in the slammer for contempt of court. There are a lot more car vs. deer collisions than car vs. buggy collisions. Why are deer exempt from the law when traveling the road at night? Where is the justice?

[inbargains]

I think you'd have to ask the next of kin buckyjo. Of course you probably wouldn't get to enjoy it much sitting in the gray bar hotel.

There once was a day when consideration didn't require laws. Now laws have to be passed to get people to shovel their sidewalks. Now laws have to be passed that says you must have a stupid SMV triangle on the back of your buggy. All that reflective tape on the back of your buggy doesn't cut it. You gotta have our small orange triangle or you're going to jail.

Public Safety my butt. If a driver can't see all the reflective tape on the back of those buggies they sure aren't going to see a small reflective triangle. These guys have the backs of their buggies decorated with huge strips of reflective tape but going to jail because they won't mount the orange triangle. Wanna bet a traffic study would show all that reflective tape they use is more visible than a small orange triangle? I'm pretty sure a buggy outlined in reflective tape is at least a 5' x 5' reflective sign going down the road. Much better than the 12" x 12" sign ordered by the State. I'm also sure the Amish don't want to die from a buggy crash anymore than the next guy. So this is really about the wrong color tape is what it's all about? Wait until the ACLU shows photos of these buggies at night with all that reflective tape and asks the court what exactly is the public safety issue the Police believe the orange triangle satisfies. If a driver can't see a 5' square reflective sign they probably won't see a 12" one either.

[1bikerdude]

The defendents objected to the bright orange triangle, a commonly recognized slow moving vehicle sign. I can appreciate that they believe it doesn't "fit" with their low-key, subdued lifestyle.

Highly reflective BLACK tape is available. It shines BRIGHT WHITE at night when illuminated by a car headlight. Can someone please send them some before more people are killed needlessly?

[inbargains]

They already use reflective tape! They were arrested because they won't mount the orange triangle They could cover the back of the buggy with reflective tape but they'd still be sitting in jail for not having a SMV.

This is a case about submission and the Amish won't submit so in jail they sit. As far as practical and logical solutions; the Police and Court have turned a blind eye and deaf ear to the Amish. Either the orange triangle or jail; no other options. While the Police are good at intimidating most Citizens they won't win with the Amish. The State needs to work out a reasonable solution and put the Graves County Police and Court back in check.

[Joshie42]

I see that 90% of you have never come up on an Amish buggy on a dark night. Even if you're only going 45mph, if they only have the grey tape, it takes you at least a minute or two to realize that what looks like moving signposts is actually an obstruction right in the middle of the roadway! I've had a couple of really close calls with the grey-taped buggies, and I drive very conservatively at night.

The orange triangle is instantly recognized from a couple hundred feet away as "obstruction in the road, slow down".

There are some cases where one should fight to the extreme for "liberty over safety", and there are cases where one needs to follow the rules.

At some point one of these strict-order Amish will be rear-ended by someone who can't see their buggies and the order will be sued into oblivion.

[inbargains]

A minute or two at 45 mph to recognize a buggy? You must be legally blind. In a minute or two you can drive a whole country mile at 45 mph and drive much further than your headlights can illuminate.

If you drive in Amish country EXPECT them to be on the road and drive with a bit more caution. Ever see those deer crossing signs? Ever see those deaf child at play signs? Ever see a school zone sign? What do you think those are for? That means slow down and watch for them. Expect the unexpected.

Horse apples in the middle of the road is a pretty good sign Amish buggies are in the area. Slow down and be prepared. A little orange sign isn't going to do anything for you if you're flying over a hill or around a curve.

As far as suing the Amish for an accident with your 3000 lb vehicle equipped with headlights that can illuminate 1/4 mile ahead because you couldn't be interrupted to take a bit of caution while traveling in their neighborhood - good luck. I hope the Amish contest this and get signs posted that say Amish Zone Speed Reduced to 7 MPH.

Traffic studies are done all the time to make sure public safety is reasonable. I think the Amish should push for traffic studies in their communities and lobby for a maximum speed of 10 mph. See how that suits your taste for public safety. If you don't like it then you drive around their community! After all you couldn't be bothered to consider them on the road while they were being considerate of your lifestyle.

[djseavy]

We have a large Amish population in Southern Minnesota/Northern Iowa, and there have been countless close-calls of cars hitting buggies due to the buggies having no illumination or reflective safety devices. This isn't about infringing on anybody's religious beliefs, etc. It's about safety on the roads. I respect the Amish; they are hard workers, pay their bills, and live an upstanding lifestyle. If they're going to operate their buggies at night, however, there needs to be safety considerations. Cars can't drive without illumination, why should buggies be exempted? We're talking about basic safety and protecting lives.

[rwbirch]

They ride on State roads and MUST obey all laws regarding this matter. How about if one says to the officer when pulls you over for not wearing your seat belt, hey its against my religion. Everyone one in the USA is entitled to have their OWN religion. But this is no excuse to disregard the law of the land. They should have no more rights than someone not practicing Amish faith. Done deal. Pay the fine or stay OFF public paid for roads.

[dinkster1]

Seat belts are different. There is a saying, "the freedom to swing my fist ends where another man's nose begins." Seat belts don't endanger others nearly to the extreme that low visibility buggies do. I agree with your comment, just not your example.

[marksky]

Free the Amish!

[powhatan1]

seems like their bishop could come to some kind of agreement with the law and this triange thing. Perhaps some non colorful reflective tape would suffice and everyone wins, or they don't go out at night..but jail? Puhleese!

[phwtb100]

"The county has recorded 57 of a total of 89 violations statewide since 2007."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

To me, it sounds more like the cops are bullying the Amish in Graves County.

[lallen8029]

Why is this even an issue if there is Gray reflective tape that can be used? Why waste the money and disrupt these people's lives. How Finf ridiculous is this?