Court Rules Man Must Be Photographed

ST. PAUL, Minn. — An Amish farmer convicted of a federal felony must be photographed for his criminal record even though he claims that being photographed violates his religious freedom, a federal appeals court has ruled.

The farmer, Andy Slabaugh, 49, of Canton, Minn., was placed on probation for three years in January, 1987, after pleading guilty to bribery of a public official.

The U.S. 8th Circuit Court of Appeals upheld a ruling by by a district judge in Minneapolis, who said that Slabaugh must be photographed. The three-judge panel said that the photo requirement has a reasonable relationship to the Federal Probation Act.

Slabaugh based his appeal on a Nebraska case in which the same court struck down a statute requiring that driver’s license applicants be photographed. The court said the statute infringed on the Amish religion, which prohibits the making of graven images, including photographs.

Slabaugh said a photo would not be necessary to identify him because his appearance is unusual. He has one arm and wears the traditional Amish beard.