Church’s Mission to Shelter Homeless Sparks Legal Battle Over Fire Code Violations

Church’s Mission to Shelter Homeless Sparks Legal Battle Over Fire Code Violations

Dad's Place, a community outreach initiative launched by Pastor Chris Avell in 2018, has found itself at the center of a legal storm. The church, which began operating around the clock in March 2023, provides a variety of services including free haircuts, Bible study nights, and a warming center for homeless individuals. However, a series of complaints in May 2023 about activities such as trespassing and overdosing brought the church under scrutiny. The city of Bryan responded by pressing 18 criminal charges against Pastor Avell, citing multiple safety violations.

In November 2023, city officials informed Avell that the church could no longer house people overnight, granting a ten-day period to comply. Subsequent inspections by the Bryan Fire Department highlighted further violations, including non-functional doors and unauthorized facility conversions. Despite these challenges, Dad's Place ceased its housing operations in February 2024, leading to the dismissal of criminal charges. Yet, the legal battles continued as the church was cited again in April 2024 for serious safety risks.

The situation escalated when the Court of Common Pleas of Williams County ordered Dad's Place to halt using its facilities as a residence until all violations were addressed. Pastor Avell faced a $200 fine and a 60-day suspended jail sentence. Despite these setbacks, Ohio Attorney General Dave Yost publicly supported Dad's Place, emphasizing the church's mission to aid the marginalized.

“Pastor Chris keeps his church open to anybody, all the time, because he believes the words of Jesus as recorded in the 25th Chapter of Matthew’s Gospel: ‘What you do for the least of these, you do it for me,’” – Ohio Attorney General Dave Yost

The legal dispute took on a broader dimension when First Liberty Institute and other law firms filed a federal lawsuit against the city of Bryan. They argued that the city's actions amounted to an attempt to quash religious activities at Dad's Place. This lawsuit underscored a critical tension between religious freedom and public safety.

“In the name of religious freedom, Dad’s Place and its pastor, Christopher Avell, are putting the very people they are trying to help and comfort at significant risk of injury or death,” – Common Pleas Judge J.T. Stelzer

Judge J.T. Stelzer ruled that Pastor Avell had indeed violated fire codes by operating a shelter. However, he stayed his decision for 30 days, allowing time for an appeal.

“The desire for both ‘religious freedom’ and ‘public safety’ is not mutually exclusive and the two goals can and should easily co-exist,” – Common Pleas Judge J.T. Stelzer

The city maintained its stance on the importance of adhering to public safety regulations.

“The City of Bryan has consistently emphasized that public safety regulations, including fire codes, must be adhered to, regardless of any other circumstances,” – Mayor Carrie M. Schlade

Advocates for Dad's Place argue that safety codes should not overshadow humanitarian efforts. Ryan Gardner criticized the city's actions as counterproductive to public welfare.

“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,” – Ryan Gardner

Jeremy Dys from First Liberty Institute also defended Pastor Avell’s work and criticized local government officials for their approach.

“Instead of prosecuting a pastor in an effort to drive his congregation from her sight, Mayor Schlade should be supporting a church trying to care for the marginalized in her community,” – Jeremy Dys

This complex case has drawn attention to the balancing act between ensuring public safety and upholding religious freedoms.

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Alex Lorel

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