Cemetery sued over private casket-lowering policy

June 18, 2026/Business, Cemetery, Regulations/

When I was a practicing funeral director I was well aware of safety concerns at the cemetery when the casket was lowered into the vault and grave. Our good friends from Wilbert Vault were usually the ones who did that work and I always respected their space while doing so. Most of the time this procedure was done after the family had left the cemetery.

There were, however, times when the family wanted to watch this element of the burial procedure. When that happened, the people of Wilbert Vault were happy to accommodate the request but asked for those family members to stay a few feet beyond where the actual work was being done.

However, this article will tell you that the situation is not always as easy as I portray it and certain religious customs are interferred with by doing it this way. The article describes a recent lawsuit filed by Jewish families against the Paradise Memorial Gardens of Scottsdale, Arizona.

According to the article, “Jewish tradition calls for mourners to witness the casket being lowered and help cover it with soil.” The article also points out that the cemetery, which has a section dedicated to Jewish burials, has “. . stopped lowering caskets in the presence of mourners after raising safety concerns about uneven ground near gravesites.”

The Jewish plaintiffs bring up several points in their complaint including that the cemetery by selling them the plots in the Jewish section of the cemetery “implied that they would receive Jewish burials“. They also contend that “By enacting the policy change without consulting plot owners, the plaintiffs say the cemetery violated the plain language of those (purchase) agreements.”

Again, according to the linked article, “The plaintiffs bring actions under the Arizona Consumer Fraud Act, breach of contract and breach of implied covenant of good faith. They ask a state judge to declare the policy illegal and order the cemetery to revoke it. They also request damages for the time and money they’ve spent on legal and religious counsel”.

Tom Anderson
Funeral Director Daily

Funeral Director Daily take: This is another time when I am glad that I’m not a judge in a black robe. I understand safety issues and I understand religious customs.

However, this disagreement does not seem so drastic that the parties can’t find an amiable solution without a lawsuit being filed. I was always one that would look for that “common ground” solution to these kinds of problems.

One of the quotes I live under is a quote about disagreements. . . . . I’ve always found it helpful when a disagreement might be on the horizon. That quote is attributed to author and pastor Max Lucado and goes like this, “Conflict is inevitable, but combat is a choice”.

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