Pastor criminally charged for opening his church 24/7 to people in need. He’s suing
Officials in an Ohio city are being sued by a pastor facing criminal charges for keeping his church open 24 hours a day to provide shelter and food to those in need.
Pastor Christopher Avell of Dad’s Place Church in Bryan, Ohio, instituted the church’s new hours in March to provide shelter to homeless people, according to a complaint filed by attorneys for the church on Jan. 22.
After learning that Avell allowed people to live at the church on a transient basis, city officials sent the pastor a cease-and-desist letter over zoning and safety code violations, according to records from the City of Bryan Engineering Department.
Because Dad’s Place Church is zoned within the city’s central business district, which prohibits residential use of the first floor of any building, Avell’s round-the-clock operation and modifications to accommodate residents violated several city ordinances, zoning codes and state fire codes, according to a news release from the City of Bryan.
Avell requested a conditional use permit to allow residential use, but was denied based on city zoning codes, the city said.
“After considering the City’s demands to cease its 24-hour ministry, the Church concluded doing so would be directly contrary to its religious obligation to care for ‘the least of these’ in its community,” and chose to remain open, according to the Dad’s Place complaint filed against city officials.
“The Church’s doors are always open, and it will not ask anyone to leave unless there is a biblically valid reason for doing so or if someone at the property poses a danger to himself or others,” the complaint said.
A Nov. 21 inspection of the church premises revealed 18 Ohio Fire Code violations and signs people were still living in the church, city officials said.
“Since November of 2023, the Bryan Fire Chief has found numerous, serious violations in the church. These violations create significant hazards for those in the church and especially for people who are sleeping there. The City has given Dad’s Place multiple opportunities to correct these safety issues. To date, some of the worst violations remain,” Bryan city attorney Marc Fishel told McClatchy News in a statement on Jan. 24.
The city said fire officials discovered serious violations at Dad’s Place, including a gas leak caused by improper installation of an unapproved gas dryer, inadequate exits and limited ventilation.
Court documents show the city filed 18 separate criminal complaints against Avell on Dec. 8, accusing him of “allowing transients/homeless to reside in the building for an extended amount of time.”
The Dad’s Place lawsuit alleges the city’s actions violate the church’s First and Fourteenth Amendment protections.
“As part of its restriction on the official establishment of religions, the Constitution necessarily prohibits states from meddling in the internal affairs of houses of worship,” the complaint said.
“City officials are using these laws as a means to harass the Church and interfere with its ministry and are not allowing the Church sufficient time to cure any of the issues the City alleges to exist,” the complaint said.
In addition to protection of constitutional freedoms and financial damages, the church is seeking a temporary restraining order to keep city officials from using the “city’s ordinances to burden the plaintiff’s religious exercise,” documents show.
Avell pleaded not guilty to criminal charges on Jan. 11 and is due back in Bryan Municipal Court for a pretrial hearing Jan. 30
Dad’s Place is being represented by First Liberty Institute and law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL.
Bryan officials said they are working to support the city’s unhoused population residing at Dad’s Place by collaborating with approved local shelters and social service agencies.
Dad’s Place Church is located next door to The Sanctuary Homeless Shelter of Williams County. Bryan city officials said they are working with The Sanctuary to determine potential placement for people residing at Dad’s Place.
“The city also contacted individuals in charge of selling a facility in Bryan, that pending zoning approval, could be used by Dad’s Place,” to operate as a homeless shelter, city officials said.
Bryan, located about 165 miles west of Cleveland, has a population of about 8,600.
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