OSAGE - District 14 State Rep. Mark Kuhn has told Iowa Attorney General Tom Miller that Mitchell County's "steel wheels" ordinance may be in violation of the First Amendment, which protects the freedom of religion.

Kuhn sought a compromise to an ordinance that forbids Old Order Amish and Mennonite farmers in Mitchell County from using steel wheels on paved roads.

Farmers argue the ordinance prevents them from getting their farm machinery to the fields.

Mitchell County Supervisors say the wheels could cause thousands of dollars in damage to newly paved county roads.

If a compromise cannot be found, some Mennonites say they would have to move out of the area.

While Kuhn's previous efforts resulted in a 60-day ordinance suspension so farmers could harvest their crops, Kuhn went a step further this week.

Kuhn also included a statement from Donald Kraybill, a professor at Elizabethtown College in Elizabethtown, Pa., and co-author of a book titled "Horse and Buggy Mennonites," which describes the beliefs that forbid the use of rubber on wheels.

"It is an explicit religious practice by virtue of the fact that it is a church regulation developed and reaffirmed by church leaders for many decades," Kraybill said in his statement.

Kuhn has asked the board to participate in voluntary mediation with the Iowa Mediation Services to find a solution.

"I think these issues can be resolved if the Mitchell County Board will agree to go to mediation with the Mennonites," Kuhn said.

Mitchell County Supervisor Joel Voaklander responded to Kuhn's letter, saying the county was right in its efforts, noting the documented evidence that local roads had been damaged by steel wheels.

The county has every right to protect its property, he added.

As far as the First Amendment, Voaklander said, "Is it religion or tradition? There is some inconsistency there. We have the Mennonites themselves on tape saying it was a tradition."