The Minnesota Supreme Court grants review in Hittner v. Minnesota Department of Health, a case brought by the Upper Midwest Law Center challenging a Minnesota Department of Health policy that treats certain private residential pools as public swimming facilities.
The case involves homeowners who occasionally rent access to their backyard pools through Swimply, an online platform that allows people to reserve private pools for small gatherings, swim lessons, or family outings. MDH has taken the position that when a homeowner charges for access, even occasionally, the pool may be regulated under rules designed for large public or commercial swimming facilities.
UMLC argues that MDH exceeded its legal authority by imposing new regulatory obligations through informal guidance rather than going through the rulemaking process required under the Minnesota Administrative Procedure Act.
“This case is about more than backyard pools,” said Doug Seaton, President and Founder of the Upper Midwest Law Center. “It is about whether government agencies can rewrite the law through guidance documents and impose costly new requirements on Minnesotans without legislative approval or public rulemaking. We are pleased the Minnesota Supreme Court agreed to review this important case.”
Click here to learn more about this case.