Judge jails Amish man

Outhouses violate sewage regulations

By SANDRA K. REABUCK

EBENSBURG — An ultra conservative Amish man on Tuesday was sent to Cambria County Prison for 90 days for failing to bring two school outhouses into compliance with sewage regulations.

Judge Norman Krumenacker ruled that Andy Swartzentruver of Barr Township failed to purge himself of contempt of court by not meeting requirements for the outhouses and disposal of sewage. Swartzentruver owns the school property.

The judge, citing health concerns, also shut the Amish school. He ordered Sheriff Bob Kolar to padlock the school and the two outhouses with a warning that threatens trespassing charges.

Although Krumenacker had warned a month ago about the possible sanctions, his rulings appeared to stun the dozen Amish men and women in the courtroom. Swartzentruver’s wife, Frances, wept as her husband was taken from the courtroom. The couple have 16 children, including three of school age, said an adult daughter, Mary Zook.

Swartzentruver continued to maintain that he would go to jail rather than compromise his religious beliefs.

“I stand by my religion. If I don’t, (it) could destroy the whole church group,” he said.

Sam Yoder, a sect elder, and other men in the courtroom said they didn’t know what would be done about educating 18 children enrolled in the school.

“How can they (the sheriff) go onto private property and close the school?” Yoder wondered aloud.

Leah Harris, a spokeswoman with the state Department of Education, said the local school district is responsible for educating children. They also may be educated in charter schools, private schools or at home, she added.

The Amish school is in the Northern Cambria School District. Superintendent Thomas Estep said he would ask Solicitor Gary Jubas for legal advice.

“We’d have to have the names of the children, and I don’t think they’ll voluntarily turn them over. But they have to comply with the state’s compulsory education laws, or they’ll be in court over this. We can’t turn a blind eye to it,” Estep said.

In addition to jailing Swartzentruver, the judge fined him $1,000. That’s in addition to $1,600 previously owed for the conviction on a summary charge of failing to obtain a sewage permit and follow municipal sewage regulations.

Yoder explained that there had been some improvements made to the outhouse and the collection of the waste, but Deborah Sedlmeyer, executive director of the county sewage enforcement agency, said they did not meet requirements. Yoder said that while the sect would be willing to pay a permit fee, members would not post a required bond, allow soil testing or submit a sewage planning module.

Krumenacker said, “This is not a religious issue. The bottom line of this whole case is the balancing of society’s needs for protecting the health, safety and welfare of its citizens and the balancing of reasonable (requirements) around your sect’s beliefs.”

There had been discussions, and the judge said it had appeared at one point that a “reasonable accommodation” was going to be reached.

“However, we couldn’t put the last couple of details together,” he said.

Before being taken away, Swartzentruver told the judge, “I want my hair, my clothes, no TV, no electric.”

Krumenacker said, “We’ll make every accommodation we can. I don’t think we (force inmates) to cut hair any more.”

Warden John Prebish said Swartzentruver would be given dark blue prison garb instead of the bright orange style worn by many inmates.

“We also allow them to bring in a Bible, but we check it first for any contraband,” the warden said.

The Amish man – like other prisoners – will undergo a medical exam and be placed in a cell with standard lights, Prebish said.

For the first 48 hours, he will be in an isolation cell, the warden said.

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