Mennonites, supporters ask for mediation on steel wheels
By Jean Caspers-Simmet
simmet@agrinews.com
Date Modified: 03/01/2010 2:13 PM
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OSAGE, Iowa —Mennonite farmers and their supporters filled the Mitchell County District Court room on a stormy morning last week to ask the Board of Supervisors to agree to mediation to solve the steel-wheel controversy.
The supervisors last year passed the Mitchell County Road Protection Ordinance No. 41 which bans the Mennonites' steel-wheel tractors from hard surface roads in the county. The supervisors say the steel-wheel tractors are damaging the county's new hard surface roads.
Mennonite farmers and their supporters sought mediation after a 13-year-old was cited for driving a steel-wheel tractor on a hard-surfaced road on Jan. 30. The youth was cited for violating the county ordinance and a state law which forbids steel wheels. He was also cited for not having a reflective slow moving vehicle sign on the tractor or a safety chain connecting his tractor and trailer.
Colin Murphy, a Mason City attorney who represents the boy, last week entered not guilty pleas to each of the citations in Magistrate Court. A trial has been set for March 5.
Rep. Mark Kuhn, a Charles City legislator, who has been working with the Mennonite farmers to find a solution, presented the latest proposal:
Former Chief Justice of the Iowa Supreme Court Louis Lavorato has agreed to mediate at no cost to Mitchell County taxpayers.
Kuhn said mediation works. He gave the supervisors a copy of an agreement Mennonites and Howard County supervisors worked out in December. The Mennonite farmers agreed to deposit $25,000 in a certificate of deposit for an irrevocable letter of credit for the purpose of repairing any damage done to Howard County roads by steel wheels.
If there is damage to Howard County roads by steel-wheeled vehicles, a representative from the Howard County roads department and the Mennonite community will determine if the damage was done by steel wheels. If so proven, they will determine the amount of damage.
Kuhn said supervisors could also consider limiting travel on hard-surface roads by steel-wheel vehicles or putting shoulders on new concrete roads.
Kuhn, who was excused from legislative duties in order to attend the meeting, said that contrary to rumors, he isn't drafting legislation to pre-empt the county's authority to deal with the issue.
"This issue needs to be resolved right here in Mitchell County by the residents and elected officials of Mitchell County," he said.
He urged the supervisors to act soon.
"Will the farmers with steel wheels be able to live peacefully and engage in their livelihood in Mitchell County as they have for nearly two decades or will they have to consider leaving to protect their religious freedoms or litigating a solution in court," Kuhn asked.
Board chairman Stan Walk said supervisor Bob Marreel wasn't at the meeting because his father died. He said the board has a long-standing policy of not ruling on controversial measures when a supervisor is missing. He and supervisor Joel Voaklander said they would consider the request at this Tuesday's meeting.