DOJ Settles Lawsuit Over Law Requiring Amish People to Electrically Connect to Municipal Sewage
The Justice Department has secured an agreement with a township in Pennsylvania to rescind a rule requiring them to connect to municipal sewage in violation of religious protection laws.
Sugar Grove Township and SUGASA were accused of forcing Old Order Amish residents to comply with new ordinates by banning privies on property intended to be a permanent residence, as well as mandating that some households connect their sewage systems to the township’s municipal sewage system, requiring them to use an eclectic grinder pump, according to the DOJ press release.
As part of the settlement, Sugar Grove Township and SUGASA will forgive any penalties, fines or liens against the Old Order Amish and exempt Old Order Amish properties from having to connect to the sewage system, according to the DOJ press release. They will also have to provide new training to their officials on the rules of RLUIPA provisions.
Who Are the Amish?
Old Order Amish residents’ religious beliefs require them to separate themselves from the modern world and restrict them from using electricity, according to the DOJ press release. The actions from Sugar Grove Township and SUGASA, done without a compelling reason, placed a substantial burden on the Old Order Amish residents.
The Amish immigrated and settled in America from Switzerland in the mid-1700s, as detailed in the complaint. There are four different sects of Amish groups, namely The Old Order Amish, which comprise the largest group of rural settlements in the U.S., the New Order Amish, the Amish Mennonites and the Beach Amish.
Privies Instead of Sewage Lines
About 1,500 people, or about 25% of Sugar Grove Township’s population, are Old Order Amish, who use their residences for religious services and study, according to the complaint. Because the Old Order Amish don’t use electricity or running water, the residents use privies as their main toilet areas.
In 2000, Sugar Grove Township and the smaller town of Sugar Grove Borough agreed to build a sewer system that would serve both areas, according to the complaint. They received a loan from Rural Utilities Services (RUS) and the US Department of Agriculture (USDA).
Sugar Grove Township and SUGASA planned to use the money from charging residents a monthly fee plus a “tap-in” charge to repay the loan. Property owners who did not use or were not eligible to use the sewer system were not expected to contribute financially.
Ordinance Requiring All Residents to Connect
The sewer was completed in 2012 after ten years of construction, with sewer lines built within 150 feet of 14 Old Order Amish properties, according to the complaint. These properties were ordered to comply with the Sewage Connection Ordinance by applying to connect with SUGASA and undergo an inspection once the sewage system was connected.
With the application, property owners were charged a tap-in fee of $1,350 and $48 a month after that, according to the complaint. Residents who refused to comply with the ordinance were charged a penalty of $300 to $600. After SUGASA sent a noncompliance letter, the resident could be charged the same fine each week and could even be imprisoned if convicted.
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