In 2022, Mille Lacs County Minnesota changed their system to obtain a building permit for building new homes and other structures to be a mainly online system. When it was first introduced, no alternative option was given, and the county suggested going to a local library or the courthouse to fill out the online application. Now, for those who wish to fill out the permit application on paper form a $50 fee is required. Moving to all online applications seems like the county modernizing its approach; the online fee greatly impacts a religious minority.
Within Mille Lacs County is a community of members of the Old Order Amish religion. In their religious lifestyle, they abstain from using many modern technologies, which hinder their ability to fill out electronic forms, such as the permit for building projects. Before the alternative paper form was reinstated by Mille Lacs County, members of the Old Order Amish community decided to build their structures without acquiring the permit. Beyond constructing their homes and other structures without permits, these buildings do not follow the set of building regulations that Mille Lacs County requires.
Mille Lacs County has set building regulations and rules that are required of new construction within the county, which is commonly referred to as a building being ‘up to code.’ The county puts out these requirements to ensure that citizens and visitors of Mille Lacs County are in safe conditions. Historically, these regulations were updated for communities like the Old Order Amish, to be in compliance with their religious convictions. However, new updates to building code would require these structures to follow modern regulations. The Old Order Amish community claims that this is a direct burden on their religious exercises. They wrote a demand letter addressed to the county outlining a proposal for a compromise that upholds their religious convictions.
Therefore the question to be asked is if Mille Lacs County's new $50 fee for paper applications and their requirements for building standards hinder the Old Order Amish community from their constitutional right of free exercise of religion guaranteed under the first amendment? In my opinion Mille Lacs County is burdening the Old Order Amish communities ability to freely exercise their religion.
First I wish to examine the $50 fee for the paper application to obtain a building permit. While the law appears to be neutral, anyone who wishes to fill out a paper application must pay the fine, it has a disparate impact as the Old Order Amish religious practices prevent them from using modern technology. Therefore members of the Old Order Amish community are being faced with a costly burden, namely $50, to exercise their religion. As established in the supreme court case Sherbet v. Verner, we can consult the “Sherbet Test” to determine if the County is infringing upon the Old Order Amish’s right to free exercise of their religion. In my opinion, the $50 fee is a substantial burden on the community that for every structure they intend to build they must pay $50. I also believe that the county's interest in making their permits all digital is not compelling enough to burden the Old Order Amish community. The county has only put out that policy was made in response to COVID-19, so one could argue that the paper permits could be a health risk. In spite of that, considering they still accept paper versions now I do not find their interest substantially over the burden it places on the Old Order Amish.
Now I want to take a closer look at the required building codes for the construction of new buildings. The Old Order Amish community claim that there are least restrictive means to allow the Amish to construct their buildings in compliance with their religious convictions with certain exemptions that have been given in the past. However the county's compelling interest in building codes is to ensure safety. Unlike the $50 fee, I do believe that in the interest of safety is a compelling state interest that should hinder these exercises. Yet, there are least restrictive means to protect any neighboring communities that were used in the past. A similar case Mast v. Fillmore County, also in Minnesota, discussed wastewater disposal regulations. This case was brought before the Supreme Court, but ultimately was sent back down to lower courts to be looked at under the Religious Land Use and Institutionalized Persons Act (RLUIPA). With this precedent I believe it is important for Mille Lacs County to work with the Old Order Amish community to find the least restrictive means possible for the community to build structures in compliance with their religious practices. Thus there may still be a burden in place to ensure safety, but one that is justifiable for everyone's safety.
Resources;
https://firstliberty.org/cases/minnesota-amish/
https://www.stl.news/minnesota-amish-fight-county-over-building-rules/
https://www.millelacs.mn.gov/2587/Permits
https://www.studicata.com/case-briefs/case/mast-v-fillmore-cnty
1 comment:
I agree with your argument that the Mille Lacs Country's policies create an unnecessary burden on the Old Order Amish community's ability to freely exercise their religion. I think the most glaring point that you made was tat this Amish community's beliefs prevent them from using modern technology. While I see the county's responsibility to maintain safe building standards I think there can be some some flexibility and exemptions without compromising safety. I think your comparison to Mast v Fillmore County shows that there has been examples of less restrictive policies when religious freedom was involved. I think safety should always be the priority but I also think that people can be accommodating without compromising safety.
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