Ohio city drops charges against pastor who let unhoused people stay overnight

Ahjané Forbes and Claire Thornton, USA TODAY
Updated ·4 min read
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Criminal charges against an Ohio pastor who let unhoused people stay overnight in his church have been dropped, a court document filed Thursday shows.

Chris Avell, pastor at Dad's Place church in Bryan, about 53 miles southwest of Toledo, was facing 18 criminal charges, for alleged zoning violations including lacking a proper kitchen and laundry facilities, having unsafe exits and using improper ventilation.

In a countersuit filed Jan. 22, First Liberty Institute and the law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL filed a motion for a temporary restraining order against the city and city officials.

Dad's Place, an Evangelical church in Bryan, Ohio, opens its doors to many unhoused people. The church is now suing the city and its officials after alleged accusations of harassment and intimation.
Dad's Place, an Evangelical church in Bryan, Ohio, opens its doors to many unhoused people. The church is now suing the city and its officials after alleged accusations of harassment and intimation.

Bryan, Ohio pastor sues city: After being charged over opening church to house the homeless

"The city of Bryan appreciates the willingness of Dad’s Place to work with the city to resolve the parties' differences amicably and to ensure that the services provided by Dad’s Place are delivered in a safe manner," Bryan Mayor Carrie Schlade said in the news release. "The parties continue to work together in a concerted effort to bring the case to a final resolution."

On Feb. 1, the attorneys representing Dad’s Place and Bryan city officials met in U.S. District Court in an effort to settle the pending lawsuit.

Dad's Place said it had agreed to cease residential operations and seek proper building certifications and zoning permits. It said it also would install any safety measures associated with the permits.

First Liberty Institute Senior Counsel, Jeremy Dys, (right) and Pastor Chris Avell (left) speak to a local reporter outside the courthouse.
First Liberty Institute Senior Counsel, Jeremy Dys, (right) and Pastor Chris Avell (left) speak to a local reporter outside the courthouse.

“We are grateful that the city of Bryan has dropped the criminal charges against Pastor Avell,” said Jeremy Dys, senior counsel at First Liberty, a nonprofit legal organization that defends religious liberties. “Ministries like Dad’s Place provide vital public services to their communities. We will continue our conversations with city officials in hopes that we can find a final resolution where Dad’s Place can continue to serve those in need in its community.”

Avell expressed gratitude and hope for the future.

“I am thankful to God, the city, and for everyone who has been praying for this day to come,” Avell said. “Bryan is my home. I am eager to continue to serve God, my community, and the people I love.”

Dad's Place's plan to help the unhoused community

The church, which opened in 2018, began operating 24 hours a day in March 2023. The Evangelical church offers free haircuts for people within the community, Bible study nights, a warming center for those without a home, prayer nights, parties and various service nights, according to the church's Facebook page.

Avell's said the mission of the round-the-clock ministry was to add a “a beacon of light” to the downtown area.

“I truly believe that everyone who walks through the door of Dad’s Place walks out a better citizen,” Pastor Chris Avell said in an interview Jan. 23 with The Associated Press.

Homeless advocates sue city officials nationwide over zoning battles

City officials in recent years have cited zoning and permit violations at churches and other nonprofits across the country that feed or provide temporary shelter to people in poverty.

Last month in Houston, the city was unable to put together an unbiased jury in the case of a woman who is part of the group Food Not Bombs, the Houston Chronicle reported. The woman received a $500 ticket for giving out meals, allegedly violating Houston's ordinances. But the jury in her case was dismissed after they said they would not issue the fine from the city. The trial can be rescheduled with a new jury. Roughly 90 tickets have been issued to food volunteers in Houston, and the city hasn't won a single case, according to the Houston Chronicle.

In a trial involving the same Houston volunteer group, a jury found a man not guilty of breaking local laws when he fed unhoused people outside. Phillip Picone went to trial for criminal citations he received in March 2023 after not moving his meal service to another location. After his trial, Pincone sued the city, arguing laws banning sharing food with people outdoors violate his freedom of expression and freedom of religion. The lawsuit asked for a temporary injunction against the city, which has yet to come. In the meantime, Pincone continues serving meals several days a week outside, his lawyer Randall Kallinen told USA TODAY.

In Brookings, Oregon, St. Timothy Church sued the city in January 2022 after officials enacted an ordinance making the church restrict its meal service to two days a week, down from about six − a move church leaders said prohibited the congregation from exercising its religious duty to serve the poor.

"That's a ministry of our church. We're allowed to be a church, and you can't tell us that we can't practice our faith by feeding people," Father Bernie Lindley told USA TODAY.

A federal judge is set to hear the case on Feb. 15, he said.

This article originally appeared on USA TODAY: Ohio city drops charges against pastor housing homeless in church