September 14th, 2011
08:52 PM ET
By Kim Hutcherson, CNN
(CNN) – A group of Kentucky Amish men would prefer to do jail time rather than violate their religious beliefs, which they say forbids the placement of bright orange safety triangles on the backs of their buggies.
The orange triangles are required on all slow-moving vehicles, according to Kentucky state law.
Nine men in the western part of the state have refused to use them. They belong to the Old Order Swartzentruber Amish.
According to court documents, this sect follows a strict code of conduct, called Ordnung, which "regulates everything from hairstyle and dress to education and transportation." They believe that displays of "loud" colors should be avoided, along with the use of "worldly symbols." Swartzentruber Amish believe such symbols indicate the user no longer trusts fully in God.
The Swartzentruber Amish use reflective tape, but refuse to use the orange triangle.
After the appeal of their 2008 conviction was denied, Menno Zook, Danny Byler, Mose Yoder, Levi Hotetler, David Zook and Eli Zook refused to pay the small fines associated with their conviction. All six are currently serving sentences ranging from three to 10 days in the Graves County Jail, according to the jail's website.
Two other men, Jacob Gingerich and Emanuel Yoder, have already served their sentences and been released, the website says.
The men are "very polite, respectful, everything you would expect," said Graves County Chief Deputy Tim Warren. He said the men dressed up in their "Sunday best" to report for their jail sentences. The men are not forced to wear the orange county jail uniforms, Warren said. They are allowed to wear uniforms that are dyed a dark gray, but they are not allowed to wear their own clothes.
A ninth man, Levi Zook, had his fine paid by John Via, a Graves County resident who has close ties among the Amish community.
Via said he paid the fine because Levi Zook has a son with cerebral palsy. "The Lord just put it on me," Via said. "It was bothering me too much. I know the problems in that area."
Via says there is another problem with the orange triangle for the Swartzentruber Amish. The triangle is a symbol of the Holy Trinity - God the Father, God the Son and God the Holy Ghost. Swartzentruber Amish believe in the unity of God, says Via, which motivates their refusal to use the symbol, in addition to the other reasons.
In their appeal, the men argued not only that Kentucky law violated their freedom of religious expression, but that the law has been selectively applied against the Swartzentruber Amish.
It is an assessment with which Via and his wife agree. Both questioned why the men were not allowed to wear their "plain" Amish clothes in jail when other arrested people were allowed to wear their own clothing. "People around here feel sorry for them," said Via's wife, Dolores.
Via points out that the Swartzentruber Amish use a high-quality reflective tape on their buggies, along with lanterns and red reflector lights. They are trying to comply with the law, Via said, without violating their religious beliefs.
But he says the men - some of whom are elders and deacons in their church - see this as a battle over religious expression. "They don't want the fines paid," Via said. "They want to serve their sentences."
And the story may not end when those sentences are served. Via says the Swartzentruber Amish could take their grievances over Kentucky's safety triangle laws to the federal level. "The Swartzentruber Amish are the most strict order," he said. "They will not do certain things. And they will not use that triangle."
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