A local church in Ohio wishes to remain open overnight to provide shelter for its vulnerable community members, but city officials have repeatedly challenged the pastor’s initiative to offer round-the-clock support to homeless individuals.
Pastor Chris Avell is facing almost twenty criminal charges due to keeping his church open 24/7, according to attorneys at First Liberty Institute (FLI), who represent the church. Their aim is to help those in the Bryan, Ohio area amidst a housing crisis and limited space at the nearby homeless shelter.
A lawyer advocating for the church described the situation as “vindictive, bullying behavior.”
Last November, the city charged Pastor Avell with 19 counts and issued an ultimatum for the church to stop overnight operations, threatening a $1,000 daily fine and eviction that would permanently close the church. Pastor Avell stood firm.
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While the majority of the charges have been dismissed, one remains, which lawyers argue could lead to the church’s eviction. FLI contends that the city’s actions violate the Ohio Constitution, the U.S. Constitution, the First Amendment, the Religious Land Use and Institutionalized Persons Act, and the Fair Housing Act, as there are disabled individuals residing in the church.
“The remaining charge is significant,” stated Jeremy Dys, senior counsel and chair of religious institutions for FLI. “That’s a $1,000 daily fine while he remains noncompliant.”
Pastor Chris Avell and attorney Jeremy Dys (First Liberty Institute)
FLI and the law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL have appealed a federal district court decision that denied a preliminary injunction to safeguard the religious activities of Dad’s Place and its pastor to the U.S. Court of Appeals for the Sixth Circuit. Meanwhile, while awaiting an emergency appeal, the city of Bryan initiated a civil lawsuit in state court that could potentially evict the church from its property.
“This presents significant challenges,” Dys noted. “Their objective seems to be to displace individuals overnight. They cite health and safety issues regarding the fire code, but their own arguments contradict this. If being there overnight is unsafe, wouldn’t being there during the day without the supposed necessary protections also be dangerous? It doesn’t add up.”
“This tactic is ill-advised,” Dys added. “It’s purely vindictive bullying behavior, which we have seen repeatedly from the city of Bryan, Ohio.”
He asserted that the city’s actions are inconsistent with what the town’s fire chief testified under oath.
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“He indicated no issues with individuals resting there, provided they are not lying down,” Dys elaborated. “For instance, someone might rest their head on a desk, and that would be acceptable,” Dys reiterated to Fox News Digital.
Dad’s Place (First Liberty Institute)
Mayor Carrie Schlade responded to the church’s allegations, stating to Fox News Digital: “The City of Bryan is not harassing Dad’s Place. A recent ruling by U.S. District Court Judge Jack Zouhary confirmed that we are appropriately enforcing fire and zoning regulations for the sake of safety. That has always been our focus – safety.”
The statement continued, “Dad’s Place claims it wants to provide safety for those in dire need. Nevertheless, rather than adhering to legal requirements and zoning regulations, Pastor Chris Avell is jeopardizing the safety of those he aims to assist.
Dad’s Place is welcome in Bryan; we simply request Pastor Avell to adhere to the law and ensure the safety of those visiting.”
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Pastor Chris Avell (First Liberty Institute)
Dys characterized the situation as “tragic” for Pastor Avell, who aims to assist the needy in his community, yet is now facing prosecution in an effort to secure a criminal conviction against him, which he described as outrageous.
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