Times Observer file photo Copies of Old Order Amish legal filings challenging Sugar Grove Township’s attempts to force the Amish to hook up to sewer lines are pictured.

After years of legal wrangling, Sugar Grove’s Old Order Amish residents will legally be allowed to use their outdoor privies rather than be required to use Sugar Grove’s municipal sewage system.

The dispute between Sugar Grove and its Old Order Amish population goes back more than a decade. Old Order Amish objected to the use of the municipal sewer system because the system uses electricity. In 2004 Sugar Grove approved a Sewage Connection Ordinance that requires every structure within 150 feet of the municipal sewer system to connect to it When construction of the sewer system was completed in 2011-12, 14 Old Order Amish properties had structures within 150 feet of the sewer system with fines of between $300 and $600 for noncompliance, with each week a homeowner didn’t comply constituting a new offense that could bring a new fine or eventually jail time.

In August 2006 Joseph and Barbara Yoder were required to connect to the municipal sewer system and refused, citing their religious beliefs and practices. The Yoders eventually agreed to keep using their privy and not connect to the sewer system in exchange for paying a one-time, $1,000 tap-in fee, past due charges of $864 and ongoing monthly payments to the Sugar Grove Area Sewage Authority.

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An additional 13 Old Order Amish properties came within 150 feet of the sewer lines during future phases of construction, with the sewer authority offering a similar deal to each Old Order Amish property owner as was reached with the Yoders. The Old Order Amish rejected that proposal in November 2009, with the Yoders ending their agreement with the township in 2010. Fines followed, with the township increasing the fines in 2010. Negotiations with the Old Order Amish stalled in 2015 when the sewer authority said it would allow the Amish to continue using privies in exchange for a $1,350 tap-in fee and a $50 a month payment dating back to when they would have first been required to hook up to the sewer.

At the same time Sugar Grove officials changed the township’s privy ordinance, something the Justice Department said only affected the Old Order Amish.

There are currently 14 Old Order Amish who live within 150 feet of the municipal sewer.

“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.

“Because of their sincerely held religious beliefs, the Sugar Grove Old Order Amish use privies,” the court filing states. “Accordingly, all Old Order Amish residents, approximately 25% of the township’s total population, cannot comply with the Privy Ordinance and are currently subject to potential criminal charges and imprisonment. The defendants’ enforcement of the Sewage Connection and Privy Ordinances has forced its Old Order Amish residents to effectively choose between their homes and their faith …”

THURSDAY’S ORDER

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.

“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.”

A proposed consent order was filed Thursday in the Western District of Pennsylvania and must still be approved by the court. The Justice Department found the Old Order Amish’s use of privies on private property does not implicate a compelling governmental interest of the township or its sewer authority, nor does the use of privies pose a threat to the general health and safety of other township residents. Justice Department officials also say 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.

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.

“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.”