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6th Circuit Rejects Amish Challenge to Septic Tank Requirements

By Howard Friedman

In Beechy v. Central Michigan District Health Department, (6th Cir., April 23, 2008), the U.S. 6th Circuit Court of Appeals rather summarily affirmed a district court decision rejecting free exercise and RLUIPA claims by Amish defendants who objected to septic tank size requirements. The Amish claimed that installing larger tanks would incur wasteful expenses and tempt them to install modern conveniences in their homes, such as bathrooms. The court held that challengers had not shown any "substantial burden" on a religious practice. It also upheld the trial court's denial of plaintiffs' motion to amend their complaint and allege a new state law claim under Michigan's Right to Farm Act.

Full post as published by Religion Clause on May 02, 2008 (boomark / email).