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Chris Avell, pastor of Dad's Place Church in the city of Bryan,
could face a $200 fine and up to 60 days in jail if he continues
to lket people to stay inside his church around the clock
without state approval that the building is up to code.
Bryan Municipal Court Judge Kent North's decision is another
step in a legal battle that began in late 2023 between the
church and the city over the legality of itoperating as a
temporary shelter for homeless people and others.
“No pastor in America, including Pastor Avell, should ever be
found guilty for just trying to help other people and provide
them temporary shelter,” Jeremy Dys, an attorney representing
Avell, told The Associated Press. “Only a seasoned government
official would think it is a safer idea to put people in subzero
temperatures on the street than allow them to find warmth inside
of a church.”
The temperature in Bryan was in the single digits Tuesday as the
Northern Plains up to the tip of Maine endured dangerously cold
weather.
Judge North stayed the sentence, allowing Dys to appeal, and the
attorney confirmed he plans to do so.
Last year police filed 18 criminal charges against Avell over
allegations that the rented church building next to a separate
homeless shelter along Main Street was in violation of the
zoning ordinance, lacked proper kitchen and laundry facilities,
and had unsafe exits and inadequate ventilation.
In response the church filed a federal lawsuit alleging that the
city has “used law enforcement officials to needlessly harass
and humiliate the church and its congregants" and was
threatening additional actions to shut down the church.
A statement on the city’s website said the decision does not
prevent Dad’s Place from operating as a church but the
residential operations must stop until proper building and fire
code applications are filed and approved.
“This has been about fire code compliance for public safety,”
Bryan Fire Department Chief Douglas Pool said. “It’s never been
about anything as far as religion, and we are appreciative of
the court’s findings today to again show that we are trying to
protect the public by enforcement of the fire code.”
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