After Years of Fines, Forced Property Sales, And Prison Threats, Amish Win 20-Year Sewer Battle

This past week brought news that a decades-long dispute over sewer grid connections in northwest Pennsylvania is ending – with a victory for the Amish.

The US Department of Justice has intervened to prevent Sugar Grove Township from forcing Amish families to use electricity to connect to the local sewer grid. It’s being seen as a win for religious freedom. Via the Warren, PA Times-Observer:

The U.S. Justice Department announced an agreement with Sugar Grove Township and the Sugar Grove Area Sewage Authority to resolve claims from Old Order Amish in Sugar Grove that Sugar Grove’s attempts to force Old Order Amish to hook up to the sewage system, pay hook-up fees, fines and fees associated with the sewer system violate the Old Order Amish residents’ religious rights.

Here was the original issue in a nutshell, via the Erie Times-News:

Since 2004, the families have refused to abide by local ordinances that require them to abandon their privies and pay fees and hook up to the municipal sewer system in Sugar Grove Township, where the Old Order Amish make up about a quarter of the population of 1,500.

Abiding by the ordinances would require the use of electric grinder pumps. Doing so, the Amish said, would violate their religious beliefs, which shun modern technology, including electricity.

The article in the Warren, PA Times-Observer gives a fuller roundup of the ins-and-outs of the case.

It has been a long saga of fines, fees, forced property sales, criminal convictions, and potential imprisonment. A snippet:

“The defendants have imposed municipal liens and fines and obtained judgements against Sugar Grove Old Order Amish property owners totaling more than $200,000 because the property owners did not comply with the township’s Sewage Connection Ordinance,” the Justice Department’s filing states.

“The defendants conducted a sheriff’s sale of the Yoders’ home on Sept. 23, 2021, because the Yoders did not comply with the township’s Sewage Connection Ordinance. The sale was only set aside because the Yoders were not provided proper notice.”

An Old Order Amish schoolhouse was padlocked and sold for unpaid sewer connection fees in February 2021, while the Yoders were each charged and convicted of criminal offenses and sentenced to pay criminal fines.

A Win For Religious Freedom

Three key points in the decision (my emphasis added):

• Amish use of privies on private property does not implicate a compelling governmental interest of the township or its sewer authority
• The use of privies does not pose a threat to the general health and safety of other township residents
• The township failed to find the least restrictive means to address any concerns about the Old Order Amish use of privies or inability to connect to the sewer system.

The decision was described as a win for religious freedom:

“No one should have to choose between keeping their home or practicing their faith,” said Acting U.S. Attorney Troy Rivetti for the Western District of Pennsylvania. “This office will continue to defend religious communities against zoning ordinances that penalize them for adhering to their religious beliefs.”

Consent Order Decision Awaits

There is still at least one matter to be resolved – a consent order must be approved. If you’re wondering, what is a consent order?

According to the Wikipedia definition: “an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case).”

It’s essentially a formal resolution. The DOJ and the Sugar Grove side have agreed to resolve the case. The consent order will lay out the understandings and actions to be taken as part of the resolution.

The details on the proposed order:

As part of the consent order, the township and Sugar Grove Area Sewage Authority will exempt certain Old Order Amish households from mandatory connection to the municipal sewage system, permit Old Order Amish residents to use privies on their private properties, and forgive any outstanding liens, fines, or other monetary penalties against Old Order Amish households for prior noncompliance with the two ordinances.

The consent order also requires the township and the sewer board to train its officials and employees on RLUIPA’s provisions, establish a procedure for receiving and resolving RLUIPA complaints and provide reports to the United States.

So it looks like this is the last piece. The order must still be approved by the court. I don’t see any news on how long that might take. But the case is being widely depicted as essentially a “win” for the Amish – and based upon that I assume that this order or something like it would be approved.

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