Ohio pastor convicted in dispute over sheltering homeless vows to
continue his mission
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[January 24, 2025]
By PATRICK AFTOORA-ORSAGOS and JOHN SEEWER
BRYAN, Ohio (AP) — For more than a year, a pastor who opened his church
around the clock to shelter and give hope to homeless people has been at
odds with an Ohio city over the building housing his ministry.
On Tuesday, a city judge found Pastor Chris Avell guilty of violating
zoning and fire codes in a criminal case. But his battle is not over.
His attorneys, who last year filed a federal lawsuit accusing the city
of harassing and humiliating the church and its congregants, have vowed
to appeal the conviction.
The church, called Dad's Place, remains open to temporarily shelter
people while it also appeals a separate civil case allowing the city of
Bryan to enforce its zoning and fire codes on the building.
Why did the city take on the church?
Bryan Fire Chief Douglas Pool says the city’s main concern is that the
building does not have the proper permits for people to be sleeping
inside Dad’s Place.
Inspectors first noticed people sleeping in the church a year ago after
earlier finding a mix of code violations. Some of the issues have been
fixed, but the city says the church still lacks a permit that would
allow people to stay overnight. Securing the permit would require costly
improvements, including fire sprinklers.
The fire chief says the city is obligated to enforce the codes,
otherwise it could be at fault if disaster strikes.
“If we don’t do anything, who’s going to get blamed?” Pool said. “We’re
in a position where we need to enforce the code.”
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How has the church responded?
Attorneys for the church argue the Constitution protects churches
helping those in need and that a federal law shields religious
institutions from being discriminated against in zoning decisions.
Dad's Place's lawyers also say the city has unfairly singled out the
church, carrying out a string of surprise inspections to intimidate the
people who are seeking shelter.
They say the city's three hotels and two other shelters are not required
to have sprinklers. The city says those places were in operation before
the state fire code began requiring sprinklers in residential buildings.
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A banner announcing Dad's Place is displayed on the church's back
entrance, in Bryan, Ohio, Dec. 17, 2024. (AP Photo/Patrick
Aftoora-Orsagos, File)
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“In a very real way, this city is trying to criminalize compassion,”
said Jeremy Dys, a lawyer with First Liberty Institute, which is
representing the church. “If this place goes away, people are very
much going to be out in the cold.”
How many people stay at the church?
This week as temperatures dipped into the single digits, about 14
people stayed at the church, which sits next to another shelter and
a block from Bryan's town square and county courthouse.
The city is home to just under 9,000 residents. The surrounding
county has low unemployment along with some of the area's lowest
rents, according to a 2023 housing study.
But there is a scarcity of available housing across all income
levels and the number of new homes and apartments has not kept up
with demand over the past two decades, said Dawn Fitzcharles, who
works on housing issues for the county.
“It’s compounded the issue of homelessness as well as the working
homeless,” she said.
What comes next for the shelter?
The judge in the case has issued a 30-day stay in his $200 fine
against the pastor because of the expected appeal. Avell anticipates
the church will continue operating the shelter while the legal fight
continues.
“Our calling and our mission hasn’t changed so far throughout this
process. Nothing has changed it,” he said Thursday. “We just
continue to do the work God’s called us to do, and trust him with
the outcome."
The people they serve, he said, “don’t just need a place to lay
their head, but where they can actually find hope and
transformation.”
___
Seewer reported from Toledo, Ohio.
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