The Justice Department today announced an agreement with Sugar Grove Township, Pennsylvania, and the Sugar Grove Area Sewage Authority (SUGASA), to resolve allegations that they violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by enacting and enforcing two ordinances against Old Order Amish residents: one mandating that certain households connect to the Township’s municipal sewage system, which requires the use of an electric grinder pump, and one banning privies on property intended for permanent residence. The lawsuit alleges that these acts substantially burdened Old Order Amish residents’ religious exercise, which restricts the use of electricity and requires adherents remain separate and apart from the modern world, and that the Township and SUGASA lacked a compelling reason for doing so.
“The Religious Land Use and Institutionalized Persons Act protects the rights of religious communities across the country, including the Old Order Amish, from the enforcement of land use rules that unreasonably burden their religious exercise,” said Deputy Assistant Attorney General Kathleen Wolfe of the Civil Rights Division. “The Justice Department is proud to support this longstanding Amish community’s religious rights.”
“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.”
The proposed consent order, which was filed today in the Western District of Pennsylvania and must still be approved by the court, would resolve a lawsuit the United States also filed today alleging that Sugar Grove Township and SUGASA violated RLUIPA by enacting the connection ordinance over Old Order Amish religious objections, enforcing the ordinances against Old Order Amish residences, and imposing municipal liens and fines against Old Order Amish property owners because the property owners did not comply with the ordinances.
As part of the consent order, the Township and SUGASA 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 SUGASA 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.