The Tribune Democrat, Johnstown, PA

Local News

June 16, 2009

Judge allows Amish access to their barns

EBENSBURG — A Cambria County judge agreed Tuesday to have padlocks removed from the barns of two Amish families who want to store grains and hay as they harvest crops.

Judge Norman Krumenacker’s permission came as he met with John and Susan Miller of Blacklick Township, one of two couples who were evicted from their homes and had the houses and outbuildings padlocked by sheriff’s deputies in May.

They and Joely and Mary Swartzentruber of Barr Township are members of the ultraconservative Swartzentruber Amish. They were evicted because their outhouses did not meet municipal and state disposal regulations.

During the meeting, proposals again were made about a settlement in the standoff between the sect and sewage-enforcement officials, Krumenacker said. An agreement hinges on an acceptable way to collect and dispose of sewage.

William Barbin, solicitor for the county sewage enforcement agency, suggested a new option for dealing with “gray water” – the household wastewater, Krumenacker said.

Still on the table is an optional siphon system for disposing of sewage from the outhouses or for a third party party to pump out the system, the judge said.

The Millers were accompanied by Ebensburg attorney Dave Beyer, who said he has offered to assist, knowing that their religion does not allow them to hire a lawyer for disputes.

“I wanted to see whether they (two sides) can meet in the middle of the situation,” Beyer said.

Asked whether he is optimistic, Beyer at first said, ”It’s hard to say. They need to go to their bishop to see if they can get the authorization.”

But Beyer added, “I am optimistic for a resolution.”

Although the Millers made the request for their barn, the judge decided to extend the permission to the Swartzentruber family. The two families also will be permitted into their homes for one day later this week to get any additional items they need, Krumenacker said.

Previous negotiations had failed when elders of the sect refused to accept compromises, although they had made some changes in outhouse collection systems.

In March, an Amish school and two outhouses were padlocked over the same issue. The school property owner, Andy Swartzentruber, served 90 days in jail for violating municipal sewage laws.

Tuesday’s meeting came a day after the sewage enforcement agency revealed that it has received a complaint about improper sewage disposal on a third Amish-owned property.

The agency will investigate the complaint, Barbin said.

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