Seven Amish men convicted of traffic violation

Nov 15, 2008 (The Paducah Sun - McClatchy-Tribune Information Services via COMTEX) -- MCD | Quote | Chart | News | PowerRating -- MAYFIELD, Ky. -- It came down to one legal definition.

In the end, a Graves County jury found seven Amish men guilty Friday and recommended a $25 fine per violation after interpreting what defines a slow-moving vehicle emblem. District Judge Deborah Crooks immediately imposed the recommended sentence, but gave the men until May 28 to pay.

With court costs, six of the men must pay $158. One, Danny Byler, convicted on four violations, must pay $632.

The men's attorney, Bill Sharp of the American Civil Liberties Union, promised to begin filing paperwork necessary for a legal appeal as soon as next week.

"We've got a long way to go. It's in no way over," he told about three dozen Amish families gathered outside the courtroom following the verdict and sentencing.

He added that he and his clients respect the jury's decision but are disappointed.

Assistant Graves County Attorney Scott Robbins, who prosecuted the case, dashed out the door immediately afterward without commenting.

While the jury deliberated on Friday's case, Crooks allowed three Amish men previously convicted of driving a horse-drawn buggy without the emblem until Feb. 19 to pay their fines. They have previously said they will not. The Kentucky Court of Appeals is considering their appeal.

"Surely they will have ruled by February," Crooks said.

Crooks said she could not delay the payment due date any longer because the law requires the fines to be due within one year of the conviction. Crooks convicted Jacob Gingerich, Emanuel Yoder and Levi Zook in a bench trial Feb. 21.

Crooks also postponed pre-trial conferences for 11 Amish men accused of the same charge until Dec. 8.

Nine men had originally been charged in Friday's trial, but Crooks dismissed the charges against Joe Stutzman and Jacob Yoder before the trial began. The police officers who charged the men could not be in court Friday because of illness, training, vacations or taking other employment since writing the traffic citations, Crooks said.

The seven men convicted Friday -- Byler, Jacob Gingerich, Levi Hostetler, Mose Yoder, David Zook, Eli Zook, and Menno Zook -- knew they could face fines of anywhere between $20 and $35 if convicted.

Both Sharp and Robbins insisted throughout the 51/2 hours of testimony that the definition of a slow-moving vehicle emblem was key.

Kentucky law defines the emblem as "a fluorescent yellow-orange triangle with a dark red reflective border ... or consisting of reasonably similar reflective qualities as specified in said standards."

Sharp argued that the triangle is one acceptable emblem, but not the only one.

Six of the seven men used reflective tape to outline the rear of their buggies.

"The interpretation of this law allows for an alternate means of compliance, which they have done," he said.

Robbins said the law intends only the triangle to fit the definition and showed one of the placards to the jury.

The Amish men, members of the Old Order Swartzentruber sect, testified that their church prohibits the triangle because of the bright color and the shape, which they said could be construed as representing the trinity.

Sharp described the men's objection as similar to some Protestants' finding a saint's medal or a statue of Jesus' mother, Mary, as objectionable.

Andy Stutzman, an Ohio Amish man appointed by a minister to be a liaison for the Amish with others, said the Amish believe the book of Exodus forbids displaying a badge on themselves or their property.

"We aim to lead a simple, plain lifestyle, and the loud and flashy color is against our rules," he said.

Robbins suggested that the Amish already have exceptions to their rules, such as allowing members to eat at McDonald's, where the cups have similar colors to that on the triangle.

Robbins also told jurors that the gray, reflective tape is not similar enough to the bright triangle because it is not as visible as the orange triangle during daylight hours.

Shelley Byrne can be contacted at 575-8667.

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