After pastor is criminally charged for warming shelter, Ohio church sues city
Dad's Place, the church in Bryan, Ohio, under fire for offering shelter to unhoused people, has filed a lawsuit against the city and multiple officials.
First Liberty Institute, a nonprofit law firm that defends religious freedom, and law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL filed a federal lawsuit and motion for a temporary restraining order on behalf of Dad's Place on Monday. The complaint was filed in the United States District Court Northern District of Ohio.
The church is suing the city of Bryan, Mayor Carrie Schlade, police Capt. Jamie Mendez, planning and zoning administrator Andrew Waterston and Fire Chief Douglas Pool. Bryan is located within Williams County, about 53 miles southwest of Toledo.
Chris Avell, the church's pastor, is facing 18 criminal charges for letting people temporarily shelter at the church, violating city zoning codes. Dad's Place is located within the city's C-3 central business zoning district, which means people cannot eat, wash clothes or sleep at the property.
'The ministry of the church is not confined to Sunday morning'
The lawsuit claims that by criminally charging Avell, the city is violating the church's rights guaranteed by the First and 14th amendments, the Religious Land Use and Institutionalized Persons Act, the Fair Housing Act and the Ohio Constitution.
“Churches throughout history have been a shelter for anyone seeking a place of safety, and Dad’s Place is no exception,” Philip Williamson of Taft Stettinius & Hollister said in a press release. “Ohio and federal law alike protect vital ministries like Dad’s Place, and we look forward to defending those rights.”
“The ministry of the church is not confined to Sunday morning at 11 a.m.," Avell added. "We welcome anyone to experience the love and truth of Jesus, regardless of the time of day.”
Dad's Place, which opened at 216 S. Main St. in 2018, began operating 24 hours a day in March 2023. Avell made the decision to offer temporary shelter, in part, due to housing shortage issues in Bryan, the suit claims.
According to the complaint, an average of eight people stay at the church each night – 12 if there is as an emergency, such as severe weather. Many of the people who take shelter suffer from addiction, physical and mental disabilities and have been turned away from nearby shelters due to overcrowding, or were referred to Dad's Place by the Bryan Police Department, the suit reads.
Planning and zoning administrator Waterston sent Avell a cease-and-desist order Nov. 3 to stop housing people at the church. Waterston said Avell could seek a zoning variance or conditional use permit, but that the city would deny these requests, the suit claims.
During a Nov. 21 inspection, Fire Chief Pool found multiple violations of the Ohio Fire Code at the church. In a press release, First Liberty Institute argued that Avell was not given enough time to rectify these violations and that the laws were being used "as a means to harass the church."
"It is my duty to protect the lives of occupants of the building from fire and life safety hazards," Fire Chief Pool wrote in an email to The Enquirer.
The Enquirer reached out to Waterston, Mendez and Schlade's office for comment, but has not heard back.
What's next?
Dad's Place is seeking a jury trial and asked the court to grant nominal, actual and punitive damages, as well as payment for attorney's fees.
Chris Freund, director of media relations at First Liberty Institute, said both parties agreed to maintain the status quo, which means the church will be able to stay open for those who seek religious services until at least March 4.
Avell pleaded not guilty to the criminal charges Jan. 11. He is due back in Bryan Municipal Court for a pre-trial hearing Jan. 30.
This article originally appeared on Cincinnati Enquirer: After Ohio pastor charged for offering shelter, church sues the city
