BRYAN, Ohio — For more than a year, Pastor Chris Avell, who has kept his church open 24/7 to provide shelter and hope for homeless individuals, has been engaged in a conflict with the city of Bryan concerning the building where his ministry operates.
On Tuesday, a local judge ruled against Avell, finding him guilty of breaching zoning and fire regulations in a criminal case. However, this legal struggle is far from over; his legal team, which previously initiated a federal lawsuit accusing the city of harassment against the church and its community, plans to pursue an appeal against the conviction.
The church, identified as Dad’s Place, continues to function, providing temporary shelter as it contests a separate civil lawsuit that allows the city to enforce its zoning and fire codes in relation to the building.
What sparked the city’s actions against the church?
According to Bryan Fire Chief Douglas Pool, the city’s primary concern centers around the lack of appropriate permits for overnight guests at Dad’s Place. Inspectors discovered individuals sleeping in the church about a year ago, following initial inspections that revealed various code violations. While some of these issues have been rectified, the church still does not possess the necessary permit to allow overnight stays, a requirement that would involve substantial renovations, including the installation of fire sprinkler systems.
Pool emphasizes that the city has a duty to uphold the codes to prevent potential liabilities in the event of an emergency. “If we don’t do anything, who’s going to get blamed?” Pool remarked. “We’re in a position where we need to enforce the code.”
What has been the church’s response to this situation?
The attorneys representing the church argue that the U.S. Constitution safeguards religious institutions aiding individuals in need and that federal laws protect them from discriminatory zoning practices. They contend that the city has unfairly targeted the church, implementing a series of unexpected inspections aimed at intimidating those seeking shelter.
Moreover, the church’s legal representatives highlight that the city’s hotels and other shelters do not face similar requirements for fire sprinklers, suggesting an inconsistency in enforcement. The city counters that these other facilities were operational before state regulations mandated such safety measures in residential properties. “In a very real way, this city is trying to criminalize compassion,” remarked Jeremy Dys, an attorney from the First Liberty Institute, representing the church. “If this place goes away, people are very much going to be out in the cold.”
How many individuals are benefiting from the church’s services?
This week, as temperatures dropped into the single digits, approximately 14 individuals took refuge at the church, conveniently located next to another shelter and within a block of downtown Bryan and the county courthouse.
The city has a population of nearly 9,000 residents, and while unemployment is low and rental costs are among the lowest in the region, a 2023 housing report indicates a significant shortage of available housing for residents across all income levels. Dawn Fitzcharles, who addresses housing issues in the county, stated, “It’s compounded the issue of homelessness as well as the working homeless.”
What lies ahead for the shelter?
Following the judge’s ruling, a 30-day delay on the $200 fine against Pastor Avell has been issued due to the anticipated appeal. Avell believes that the church will persist in its mission of providing shelter as the legal battles unfold. “Our calling and our mission hasn’t changed so far throughout this process. Nothing has changed it,” he stated on Thursday. “We just continue to do the work God’s called us to do, and trust him with the outcome.” He emphasized that the individuals they serve require more than just a place to sleep; they seek an environment in which they can find hope and a path to transformation.
