Illinois court tosses religious discrimination claim where faith met wastewater management
On December 4, 2025, the Illinois Appellate Court ended a three-year legal effort by John Schoff and Jane Stoller-Schoff to frame a zoning dispute as a matter of religious liberty. In Schoff v. Illinois Human Rights Commission, 2025 IL App (1st) 250148-U, the couple claimed that South Barrington used its septic ordinance to punish their Christian mission of housing asylum seekers, refugees, and missionaries. The court ruled otherwise.
There was no evidence, the court said, that the Village targeted the Schoffs for their religion, or for the race or national origin of their guests. The problem was not who they were or what they believed. The problem was the septic tank.
The Problem Beneath the Floorboards
The home in question was originally built in 1985 with five bedrooms and a 3,000-gallon septic system. That already exceeded the capacity required at the time. But at some point before 2014, two more bedrooms were added without permits. That pushed the total to seven bedrooms.
South Barrington’s code requires 3,500 gallons of septic capacity for a seven-bedroom home. This requirement is based on the assumption that more bedrooms mean more people, which means more wastewater. The goal is to avoid backups, groundwater contamination, and public health risks.
The Village told the Schoffs they had two choices. Either remove the unpermitted bedrooms and bathrooms or install a larger septic system. They did neither. Instead, they sought a variance. The Village denied the request. The Schoffs then filed a religious discrimination complaint.
Could They Have Upgraded the System?
Yes. The court noted that nothing prevented the Schoffs from upgrading their septic system to meet code. That route was available throughout the dispute.
Installing a new septic system or expanding an existing one can cost between $20,000 and $35,000 in Illinois. The exact cost depends on soil type, site conditions, tank size, and whether a new drain field is needed. For a house with seven bedrooms, the 3,500-gallon system required by local code is not unusual. Larger homes often require larger systems to prevent environmental damage and health risks.
Permits would be required through the Illinois Department of Public Health and the local building department. The Village had already performed an inspection and identified the capacity shortfall. The only thing left was for the homeowners to fix it. Instead, they pursued legal action.
The Religious Discrimination Claim
The Schoffs argued that the Village’s enforcement of the septic ordinance violated their religious rights. Their complaint alleged that the septic citations were issued because they were Episcopalian Christians who offered short-term shelter to refugees and missionaries.
The Illinois Human Rights Commission disagreed. The Commission found no evidence that the Village acted with religious bias. There was no indication that similarly situated homeowners outside their faith were treated better. There was also no evidence that the Village’s septic code was selectively enforced.
The appellate court affirmed that decision. The court emphasized that religious belief and practice are protected under Illinois law, but proof of discriminatory treatment is still required. The record showed none.
Why This Matters
This case touches on a broader legal issue. When people assert religious discrimination in zoning disputes, they must show that religion was the reason for unequal treatment. Without that link, these cases do not survive.
Filing religious claims over neutral rules like septic capacity can also carry unintended consequences. If courts begin to see religious liberty claims as a fallback strategy in routine code disputes, they may become less willing to engage seriously when the harm is real. The Schoffs may have believed they were targeted for their faith, but the evidence showed a straightforward enforcement action.
The Village even accommodated them in 2019 by allowing them to continue offering shelter, as long as they notified the Village and corrected code violations. They declined to upgrade the system. That refusal left the Village with little choice but to issue citations.
The appellate court confirmed the obvious. This case was about septic tanks, not religious persecution.
The couple’s separate civil lawsuit, which raises federal constitutional and statutory claims, remains pending in circuit court.
Read the full appellate decision here:
Schoff v. Illinois Human Rights Commission, 2025 IL App (1st) 250148-U (Dec. 4, 2025)
TLDR (Too Long / Didn’t Read Summary)
On December 4, 2025, the Illinois Appellate Court upheld the dismissal of a religious discrimination claim by John and Jane Schoff. The couple said septic code enforcement interfered with their Christian housing ministry. The court found no evidence of bias or unequal treatment. The Schoffs could have upgraded their septic system but chose litigation instead. Their separate lawsuit is still active in circuit court.
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