The Justice Department has reached an agreement with Sugar Grove Township and the Sugar Grove Area Sewage Authority (SUGASA) in Pennsylvania to address allegations that they violated the Religious Land Use and Institutionalized Persons Act (RLUIPA). The accusations stem from ordinances requiring certain households to connect to a municipal sewage system, necessitating the use of electric grinder pumps, and prohibiting privies on properties intended for permanent residence. These measures were said to have placed a substantial burden on Old Order Amish residents' religious practices, which discourage electricity use and promote separation from modern society.
Acting U.S. Attorney Troy Rivetti for the Western District of Pennsylvania stated, "No one should have to choose between keeping their home or practicing their faith." He emphasized the office's commitment to defending religious communities against zoning ordinances that penalize adherence to religious beliefs.
Deputy Assistant Attorney General Kathleen Wolfe of the Civil Rights Division added, "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." She affirmed the Justice Department's support for protecting this Amish community's religious rights.
A proposed consent order was filed in the Western District of Pennsylvania, pending court approval. It aims to resolve a lawsuit alleging that Sugar Grove Township and SUGASA violated RLUIPA by enforcing these ordinances despite Old Order Amish objections and imposing fines on non-compliant property owners.
Under the consent order terms, exemptions will be granted for certain Old Order Amish households from mandatory sewage system connections. Additionally, these residents will be allowed to use privies on private properties. Any outstanding liens or fines for prior noncompliance will be forgiven. The order also mandates training for officials on RLUIPA provisions, establishing a complaint resolution procedure, and reporting requirements to the United States.
RLUIPA is designed to protect individuals and religious institutions from burdensome or discriminatory land use regulations. More details about RLUIPA can be found on the Place to Worship Initiative’s webpage. Individuals experiencing discrimination in land use decisions are encouraged to contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743 or through their online complaint portal.
