When the Delagrange family relocated from Hillsdale County to Lenawee County in southern Michigan in 2015, they brought with them a sanitation system rooted in Old Order Amish religious practice rather than modern plumbing standards.

Their use of outdoor privies instead of septic systems would eventually trigger a nearly decade-long legal and regulatory dispute that became part of a wider national debate over religious freedom, environmental oversight, and public health enforcement in expanding Amish settlements across the United States.

Henry Delagrange, a 74-year-old Amish bishop, and his extended family settled in Lenawee County in search of farmland. Like other conservative Old Order Amish communities, the family avoided electricity, telephones, and modern wastewater infrastructure. Human waste from a hand-built outhouse was collected in five-gallon containers, mixed with livestock manure, treated with lime, and spread on pastureland used for horses and cattle.

The practice had long been accepted in neighboring Hillsdale County, where the family previously lived. But local authorities in Lenawee County began investigating after residents questioned why Amish households were exempt from sanitation systems required of other property owners.The dispute unfolded as Amish communities across several states increasingly encountered local and state regulations governing wastewater disposal.

Similar legal conflicts emerged in Ohio, Indiana, and Minnesota, where health departments challenged Amish sanitation practices on public health grounds. In Fillmore County, Minnesota, litigation over gray water disposal led a state appeals court in 2023 to rule that septic systems were not mandatory under certain conditions, although the case later advanced toward review by the US Supreme Court.

The Lenawee County dispute centered on whether requiring Amish residents to install septic systems violated constitutional protections for religious exercise. Lawyers representing the Amish families argued that modern plumbing conflicted with their Ordnung, the unwritten and community-specific code governing Amish religious life and technology use.Donald Kraybill, a leading scholar of Amish society, and other experts have noted that Amish communities differ significantly in their interpretation of acceptable technologies.

In Lenawee County, the Ordnung followed by the Delagrange community dated to 1960 and was considered binding religious authority by church leaders.Henry Delagrange told lawyers during depositions that families who installed septic systems could face shunning within their church community. Although septic systems were not explicitly banned in the Ordnung, the use of such infrastructure was viewed as inconsistent with the community’s religious principles regarding separation from modern society.

The case also highlighted persistent confusion among regulators about how Amish communities distinguish between permitted and prohibited technologies. During depositions, county attorneys questioned why Amish households could use gas-powered washing equipment or travel in cars driven by non-Amish neighbors while rejecting indoor plumbing systems.

Joseph Graber, another Amish resident involved in the dispute, repeatedly responded that the issue was “modernism,” a term used broadly within the proceedings to describe technologies viewed as incompatible with Amish religious discipline.The Delagrange family permitted limited phone use through intermediaries for emergencies, business transactions, and legal communication.

They also occasionally relied on non-Amish drivers for long-distance travel, including weddings and funerals. Henry Delagrange explained during interviews that the community sought to avoid becoming “famous” through technology adoption.Public opposition intensified after local residents complained about perceived unequal enforcement of sanitation rules. Stephanie Dominique, a Lenawee County resident, wrote to the health department questioning why she was required to spend approximately $15,000 on a septic system while Amish households were not subject to identical requirements.

County officials in a related Indiana dispute similarly argued that financial considerations, rather than solely religious beliefs, influenced Amish resistance to sewer connections.The Amish families rejected that characterization. Melvin Delagrange stated that the objection was religious rather than economic, saying the family’s way of life reflected long-standing faith practices rather than an effort to reduce costs.

Environmental activists also became involved. Pam Taylor of the Environmentally Concerned Citizens of South Central Michigan publicly supported the county health department’s enforcement efforts and raised concerns about possible groundwater contamination, although no evidence of contamination emerged during the proceedings.Scientific testimony presented during the case focused on the environmental impact of Amish waste disposal methods.

Soil scientist Richard Stehouwer, retained by attorneys representing the Amish families, concluded that the approximately 300 gallons of human waste produced annually by the families was minimal compared with the tens of thousands of gallons of manure routinely spread per acre on large agricultural operations in the region.The legal dispute eventually ended in a negotiated settlement in 2023.

Under the agreement, Amish households were allowed to retain outdoor privies, but the systems had to be modified to include sealed 500-gallon holding tanks similar to vault toilets. Families were also required to periodically empty the tanks, conduct pH testing on treated waste, and pay annual permit fees.Local officials accepted continued land application of treated waste under regulated conditions.

Amish families were also permitted to maintain wells and other traditional practices that had become points of contention during the litigation.Comparable settlements or exemptions later emerged in Indiana and Ohio. In Indiana, sewer authorities established specific exemptions for Amish households, while Ohio authorities permitted privies that complied with designated construction standards.

Legal scholars say such disputes reflect broader tensions between expanding regulatory systems and religious communities that maintain traditional lifestyles. Steven Louden, a professor specializing in Amish studies at the University of Wisconsin–Madison, has noted that courts frequently struggle to interpret the authority and diversity of Amish Ordnung rules because practices can vary significantly even between neighboring settlements.

For the Delagrange family, the settlement allowed continuation of outdoor sanitation practices while bringing them under limited regulatory oversight. Their privies remain in use in Lenawee County, though now connected to sealed holding tanks monitored under county permit requirements.