Bryan, Ohio pastor sues city after being charged over opening church to house the homeless

A church in Bryan, Ohio is taking legal action against the city after being charged with violating city ordinances when they opened their doors to homeless people who were looking for shelter. Dad's Place is located about 53 miles southwest of Toledo.

The church's pastor Chris Avell is facing 18 criminal charges which include violations of the zoning ordinance, lacking a proper kitchen and laundry facilities, having unsafe exits, and unproper ventilation.

“I truly believe that everyone who walks through the door of Dad’s Place walks out a better citizen,” Pastor Chris Avell said in an interview Tuesday with The Associated Press. Avell also added that closing down the around-the-clock ministry “would lose what is actually a beacon of light downtown.”

Dad's Place is located in the city's C-3 central business zoning district, prohibiting anyone from eating, sleeping or washing their clothes on property grounds.

The church which opened in 2018, began operating 24 hours a day in March 2023. The Evangelical church offers free haircuts for people within the community, bible study nights, a warming center for those without a home, prayer nights, parties, and various topic geared service nights, according to the church's Facebook page.

“It was city police officers who would bring people by,” Avell said to AP. “The local hospital would call and bring people by. Other homeless shelters would call and bring people by.”

The church has since created a GoFundMe page which asks for donations to help support the church. As of publication, Dad's Place has raised nearly $29,000 of its $40,000 goal.

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Dad's Place lawsuit and restraining order against Bryan, Ohio officials

On Monday, First Liberty Institute and the law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL filed a federal lawsuit and motion for a temporary restraining order against Bryan, Ohio and city officials seeking to shut down the religious activities of Dad’s Place.

“Mayor Schlade spearheaded months of harassment by Bryan, Ohio city officials to repeatedly violate the constitutional and statutory rights of Dad’s Place Church and its pastor, Chris Avell,” said Jeremy Dys, Senior Counsel for First Liberty in a statement.  “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. The Constitution and the law demand nothing less.”

Law firms that are representing Dad's Place are in support of their mission and continued efforts to help the unhoused community.

“Churches throughout history have been a shelter for anyone seeking a place of safety, and Dad’s Place is no exception,” Philip Williamson of Taft Stettinius & Hollister said in a press release. “Ohio and federal law alike protect vital ministries like Dad’s Place, and we look forward to defending those rights.”

An attorney representing the church in the suit hopes to see a resolution soon.

“We hope the city of Bryan will drop all of these charges and begin talking with us about how Pastor Chris and Dad’s Place will continue to contribute to the wonderful community of Bryan.” said Attorney Stephen Hartman of Spengler Nathanson in a statement.

Bryan, Ohio officials response to lawsuit

According to a Bryan city attorney, Mayor Carrie Schlade supported the church opening in the building four years ago, but denies any mistreatment of Dad's Place or members of its congregation.

“We absolutely deny any allegation that the city has treated any religious institution inappropriately,” said Bryan city attorney Marc Fishel in an interview with The Associated Press. “The city has been and continues to be interested in any business, any church, any entity complying with local and state law.”

According to the lawsuit against the city in Nov. 2023, Bryan city officials issued an ultimatum to the church which asked them to "cease operating 24 hours a day or face legal penalties."

After Dad’s Place refused to force the unhoused people onto the streets, city officials began to harass, intimidate and take legal action to shut down Dad’s Place, the suit states.

During a meeting with a federal judge on Tuesday, Bryan city lawyers agreed that the church will remain open to those who seek its religious services, until at least March 4, when the judge will consider Dad's Place's request for an injunction against the city, The Associated Press reported.

Avell has pleaded not guilty to the criminal charges Jan. 11. He is due back in Bryan Municipal Court for a pre-trial hearing Jan. 30.

Contributing: Victoria Moorwood, Cincinnati Enquirer, The Associated Press