Do you mean to tell me you’ve never heard of the Amish Outhouse Controversy of 2004?
Well, after more than two decades of legal battles, it looks like this long-running sewage situation is nearly resolved. And now municipal leaders with Amish constituents need to understand the legal implications.
Here’s the backstory:
In 2004, and Old Order Amish community in Warren County refused to comply with a local ordinance that required them to connect to a public sewage system. In total, 14 Old Order Amish dwellings situated within 150 feet of the public system were required to hook up to the municipal system or face a fine between $300 and $600 per week. Lengthy offenders could ultimately face jail time. One family negotiated a compromise to keep using their privy by agreeing to pay a one-time tap-in fee of $1,000, an additional $864 in past due fees, and then monthly payments to the Sugar Grove Area Sewage Authority. The remaining violators rejected a similar offer, which brought forth additional increases in fines over the years.
Fast forward to 2015, when a new offer was made that would allow the Amish families to use their outhouses if they paid a $1,350 tap-in fee plus $50 a month backdated to when they were first supposed to connect. The municipal officials then changed their privy ordinance, which the Justice Department determined only to affect the Old Amish Order. The total cost and fines for the group now exceeded $200,000. This promulgated a sheriff's sale in 2021 of one of the homes, which was eventually set aside due to improper notification. However, an Amish schoolhouse was padlocked and sold.
And here we are, 21 years later. The U.S. Justice Department stepped in, noting that the Amish should not need to choose between their home and their religious beliefs. The Justice Department also stated that Amish families’ use of privies on private property did not pose a threat to the health, safety, and welfare of other township residents, nor was it a complete, compelling governmental interest of the municipality.
In January 2025, the Justice Department filed a consent order that exempted certain Old Order Amish households from mandatory connection to the municipal sewage system. This meant that outstanding liens, fines, and other monetary penalties that had been deemed noncompliant were forgiven. Furthermore, municipal board members and employees were required to be trained in the provisions of the Religious Land Use and Institutionalized Persons Act, or 'RLUIPA', which establish procedures for receiving and resolving these types of complaints. They will also submit reports for future review and compliance.
The Religious Land Use and Institutionalized Persons Act protects the civil liberates of religious communities across the nation, like the Old Order Amish, from the prosecution of certain land use rules that perversely encumber their religious exercise.
It is these types of events that encourage Pennsylvania municipalities to reach out to the professional for advice and guidance. KMS a professional service that can assist with a number of those events in the actions of local governments that require experience and success.
About the Author
David L. Anthony is a member of the Keystone Municipal Solutions team of experts. He is a veteran of municipal government, having served more than 33 years in various positions of public service. Contact him at david@keystonemunicipalsolutions.com. To learn more about David and the Keystone Municipal Solutions team, click here.
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