An Ohio pastor has been found guilty of a criminal charge. He was fined $200 and given a 60-day suspended jail sentence for failing to comply with his city’s fire code after facing pushback from officials for housing the homeless in his church. Pastor Chris Avell of Dad’s Place Church in Bryan, Ohio was sentenced for keeping his church open 24/7 for homeless people looking to escape the bitter cold.
According to reporters, the pastor has been embroiled in a year-long battle against city officials. Last year, the City of Bryan attempted to shut down his church due to alleged zoning violations. The Bryan City Zoning Commission argued that the church could not house the homeless. Lawyers representing Avell said that after the pastor refused to close the doors of his church, the city started a campaign of harassment.
He states the city began to engage in “unlawful harassment” by waging “lawfare.” Ryan Gardner, an attorney with First Liberty said, “On April 24th, the fire chief, the assistant fire chief, and a police officer burst through the church’s doors (at) 5:30 a.m. for a surprise, unannounced fire inspection.” He added, “And, upon completing that inspection, they immediately cited the church for new violations, which had never been discussed before.”
City bureaucrats ordered the church to install an expensive fire suppression system. First Liberty Institut explained that this was not fair. The city has not required all motels, most apartment complexes, and even a senior living facility to install one. Bryan Municipal Court Judge Kent North decided the pastor was guilty of refusing to comply with the city’s fire code.
Douglas Pool, Bryan Fire Department Chief, said “This has been about fire code compliance for public safety, 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.” The Judge has issued a stay against the city in their lawsuit.
This allows Dad’s Place to continue operating as a church, but it must stop residential operations. This ban will stay in place until building and fire code applications are filed and approved. First liberty will appeal the ruling. Ryan Gardner, Counsel for First Liberty says “No pastor in America, including Pastor Chris Avell, should be pronounced guilty for providing temporary shelter to those in desperate need.”
He concluded, “Only government officials could say with a straight face that people are safer in the sub-zero temperatures on the street than inside the warmth of a church.” We reported last year on how The City of Brunswick, Georgia tried to shut down a Christian charity that ministers to the homeless. The United States Department of Justice has filed a complaint to bar the city’s actions. The DOJ filed a lawsuit in the U.S. District Court for the Southern District of Georgia accusing officials of wrongly trying to shut down a homeless ministry known as The Well.
Brunswick is accused of breaking the Religious Land Use and Institutionalized Persons Act of 2000. The Well is run by FaithWorks, an organization affiliated with the South Georgia Conference of the United Methodist Church. The Well started operating in Brunswick in 2014, and the facility serves as a place where the homeless can shelter from harsh weather, and receive meals and showers.
The DOJ complaint reads “Through its campaign to shut down The Well, including a mandatory closure order and a nuisance lawsuit, Brunswick imposed a substantial burden on the religious exercise of FaithWorks, and of The Well’s staff and leadership, without a compelling interest and without using the least restrictive means of achieving that interest, in violation of RLUIPA.”
The lawsuit said that “Operating The Well is an expression of faith that is substantially burdened by the City’s efforts to permanently close The Well. FaithWorks, which runs The Well, is an extension of the Methodist Church, and providing basic services to the poor and unhoused individuals are cornerstones of FaithWorks’ religious practice.”