ADRIAN — Arguments have been offered this week about whether or not Amish households in Lenawee County ought to need to adjust to a county well being ordinance associated to outhouses and waste disposal.
The Lenawee County Well being Division sued the Amish households in 2019 to adjust to the well being code, and the American Civil Liberties Union of Michigan countersued on freedom of faith grounds and the Honest Housing Act. On Monday earlier than Lenawee County Circuit Choose Michael R. Olsaver, attorneys for either side argued their motions for abstract disposition, which ask Olsaver to make a ruling on the circumstances with out continuing to trial.
Olsaver informed the events he would situation a written opinion and order, however didn’t give a timeline.
Well being division lawyer John Gillooly argued {that a} compromise supplied to the Amish households — to permit a licensed septage hauler to pump out their outhouses — doesn’t intrude on their non secular beliefs. ACLU lawyer Philip Mayor argued that the Amish consider that if they can safely use their waste as fertilizer they need to be allowed to take action, simply as they’re in different counties in Michigan and in different states.
Mayor cited a U.S. Supreme Court docket ruling in 2021 in a case involving Amish households in Minnesota and a county that needed them to put in septic tanks. The Supreme Court docket sided with the Amish, telling a Minnesota court docket to evaluate the case in gentle of one other religious-freedom ruling the Supreme Court docket determined in June 2021.
Within the Minneosta case, Justice Samuel Alito wrote that the Minnesota courts “plainly misinterpreted and misapplied” the federal Non secular Land Use and Institutionalized Individuals Act.
The act “prohibits governments from infringing sincerely held non secular beliefs and practices besides as a final resort,” Justice Neil Gorsuch wrote.
“On this nation, neither the Amish nor anybody else ought to have to decide on between their farms and their religion,” Gorsuch mentioned.
Extra:Lenawee County Health Department seeks compromise over Amish homes
Extra:ACLU counter-sues Lenawee County Health Department regarding Amish lawsuits
Each attorneys, who appeared by video, informed the court docket the Amish combine lime into their septage to boost the pH stage to an appropriate stage earlier than mixing the waste with animal manure to unfold on their farm fields. Gillooly mentioned the Amish’s skilled witness testified in a deposition that the method will not be sufficient to make sure the security of utilizing the waste as fertilizer.
Mayer mentioned their skilled testified that the Amish’s use of lime presents minimal danger, and the county’s stance is that it’s going to not permit any waste to be unfold on fields. That might power the Amish households to go away the county, he mentioned.
The county well being division desires to guard folks and animals who’re downhill and downstream of the Amish, Gillooley mentioned. He mentioned in talking with the Amish’s bishop, he mentioned he would permit using equipment to dig a gap to create a concrete-lined, 300-gallon vault. Gillooly argued whether it is OK to permit equipment to dig a big gap, it needs to be OK to permit the waste to be hauled away.
“It comes down as to whether they are going to permit a licensed septic hauler to come back on their property to pump out the septage,” Gillooly mentioned. “…The well being division has an curiosity in ensuring folks and animals usually are not tainted by improper spreading of septage.”
The Amish choose to put in their very own septic tanks and empty them, in keeping with their religion, Mayor mentioned. Utilizing mechanical gear to dig a gap can be a one-time used versus the common use of pumps by a septic hauler to extract the waste.
The county additionally has not proven that the Amish’s practices are inflicting any hurt, Mayor mentioned. He mentioned the well being code permits for variances, and granting a variance on this state of affairs can be “a extra easy and extra narrowly tailor-made resolution.”
The Amish agree the county has a compelling curiosity in imposing the well being code, Mayor informed the court docket, however he mentioned no argument had been made that the county has a compelling curiosity in not permitting an exception.
“It is a key issue … whether or not or not these legal guidelines additional a compelling authorities curiosity,” Gillooly mentioned. “If our legal guidelines additional a compelling authorities curiosity, we win.”
The Related Press contributed to this report.
