The ACLU-MN sent a letter to the city of Vadnais Heights last month asking for changes in their sump pump inspection policy, and city officials responded by agreeing to change the inspection program so it no longer infringes on constitutional rights. The city of Vadnais Heights' former policy reads that if the resident does not allow city inspectors into their home to inspect the pump they could face fines.
Sanitary sewer systems can only handle a certain amount of water. When it rains, sump pumps are switched on to rid excess water from basements, often into the sewer system through illegal connections (the approved method of removing excess water is to direct it back to the ground surface or into the storm sewer system, not the sanitary sewer system). The Metropolitan Council, which operates wastewater treatment plants covering most of the Twin Cities’ area, gave the city of Vadnais Heights the option of reducing the amount of water entering the system or face a $70,000 fine.
However, the city failed to protect the constitutional rights of its residents when it mandated that homes be searched by the city for illegal sump pump connections. The fourth amendment only allows searches of homes with consent or a valid search warrant. The ordinance imposed an improper fine on individuals who exercised their fourth amendment right to refuse entry without a warrant.
Vadnais Heights resident Don Jorgenson sent a letter to the ACLU-MN after hearing of the policy. After learning of the policy from Jorgenson, the ACLU-MN sent a letter to city officials requesting that the inspection practices be changed.