Birch Run Couple Files Federal Civil-Rights Lawsuit Over Township’s Unequal Regulation of Private Gatherings

With the help of the civil and property rights law firm of Outside Legal Counsel, Christopher and Jennifer Watts filed a federal civil-rights lawsuit challenging Birch Run Township’s treatment of private, noncommercial gatherings at their home as the unlawful operation of an “event barn.”

The lawsuit was filed September 3, 2026, in the United States District Court for the Eastern District of Michigan. It names Birch Run Township, Township Supervisor Ray Letterman, Zoning Administrator Gretchen Nielsen, and neighboring residents Kyle Zabel and Mary Huber as defendants.

Prior to the suit, the Watts previously sought the permits to operate their barn commercially as Edelweiss Acres. They later withdrew that application in February 2026 when the process became too onerous and stopped advertising, taking bookings, renting the property, and accepting payment for events. However, the remaining private family-based events remained scheduled. 

According to the complaint, Township officials knew that the gatherings held in May and June 2026 were private and noncommercial. Even so, the Township treated them as proof that the Watts were still operating an event barn and pursued zoning and contempt proceedings against them.

“The Township was not investigating whether the Watts had secretly reopened a commercial business. It knew they had not,” said Philip L. Ellison, attorney for the Watts. However, the local government’s ordinance never tells property owners where that line is between private and commercial.” 

That lack of clarity is the central problem raised by the lawsuit. The ordinance regulates an “event barn” as a land use, but it does not say when an ordinary private gathering becomes one. It does not establish how many guests are allowed, how often a family may gather, which relatives are considered close enough, or how much food, music, decorating, or planning turns a private celebration into a prohibited land use.

“The Township took an ordinance regulating event barns and began using it as though it prohibited events if dislikes,” Ellison said. 

During a June 9, 2026 Township Board meeting, Nielsen reportedly said that Christopher Watts had “thumbed his nose” at the Township and the court system. Trustee Kurt Kiessling reportedly described Watts as exhibiting “exactly the kind of behavior we need to make an example out of.” The Township Board then voted 6–1 to pursue punishment for holding private gatherings on private property.

The complaint further alleges that Township officials colluded with neighboring residents to actively monitor the Watts property and collect photographs and observations for use against them. According to the lawsuit, Zabel and Huber entered the Watts’ private property without permission to gather information that was later provided to Township officials and used in enforcement proceedings.

The lawsuit asserts constitutional claims based on vagueness, selective enforcement, joint governmental and private action, and arbitrary governmental conduct. It also brings Michigan-law claims for trespass and concerted action.

The Watts are asking the court to declare that Birch Run Township and its officials cannot treat every private wedding, graduation party, birthday, reunion, memorial, or similar gathering as operation of an event barn without objective standards explaining when ordinary residential use becomes a separately regulated land use. They also seek damages, attorney fees, and other appropriate relief.

The allegations have not yet been adjudicated, and the defendants will have an opportunity to respond. the case has been assigned to Judge Linda Parker in Detroit. 

The case is Watts v. Birch Run Township et al., Case No. 1:26-cv-13171, in the United States District Court for the Eastern District of Michigan.