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STATE v. HERSHBERGER

No. C9-88-2623.

444 N.W.2d 282 (1989)

STATE of Minnesota, Plaintiff, v. Eli A. HERSHBERGER, et al., Defendants.

Supreme Court of Minnesota.

August 18, 1989.

Attorney(s) appearing for the Case

Robert R. Benson, Fillmore County Atty., Preston, and Matthew J. Opat, Asst. Fillmore County Atty., Chatfield, and Hubert H. Humphrey, III, Minn. Atty. Gen., St. Paul, for plaintiff.

Phillip G. Villaume, Phillip G. Villaume and Assoc., St. Paul, and Joseph L. Daly, Howard J. Vogel, Professors of Law, Hamline University School of Law, St. Paul, for defendants.

David L. Bishop, David L. Reinschmidt, Oppenheimer, Wolff & Donnelly, Minneapolis, volunteer attys., for amicus curiae, Minnesota Civ. Liberties Union; Robert Hicks, Minnesota Civ. Liberties Union, Minneapolis, amicus curiae, of counsel.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

A Minnesota statute (Minn.Stat. § 169.522) (1988) requires slow-moving vehicles to display a fluorescent orange-red triangular sign emblem when being operated on the state's public highways. Appellants, members of the Old Order Amish religion ("The Amish") moved in the district court for dismissal of traffic citations each had received for noncompliance with the statute's display requirement. They claimed that the statute, by subjecting them...

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