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Pastor Found Guilty In Criminal Case After Opening Church Doors For The Homeless
A judge ruled that an Ohio pastor who opened his church doors for homeless people to find shelter overnight was guilty of violating zoning and fire codes in a criminal case.
Ohio Pastor Faces Criminal Charges After Church Houses Homeless People During Brutal Winter Conditions
"Judge Kent North ruled that Dad’s Place pastor, Chris Avell, is guilty beyond a reasonable doubt for violating fire codes. He called the evidence almost overwhelming," WTVG reports.
"The city remains committed to addressing homelessness within the community and continues to collaborate with appropriate agencies. At the same time, the city is dedicated to upholding laws related to public safety, particularly fire code enforcement, which is critical to ensuring the well-being of all residents," Bryan Mayor Carrie M. Schlade said in a news release.
"Bryan Municipal Court Judge Kent North issued a ruling today confirming that the fire code has
been violated by Dad's Place. The City of Bryan has consistently emphasized that public safety
regulations, including fire codes, must be adhered to, regardless of any other circumstances. This
decision follows earlier rulings by three separate courts that found no violation of religious
freedom rights in this case," she added.
Avell received a 60-day jail sentence, which is suspended so long as he complies with fire codes.
"Do you think that a pastor should be convicted for giving people a safe place by keeping church doors open 24/7?" First Liberty Institute, a nonprofit public interest law firm representing Avell, stated.
"On Monday, that's what happened to Pastor Chris Avell of Dad’s Place church in Ohio. He was found guilty of a criminal charge and handed a 60-day suspended jail sentence and $200 fine," it added.
Do you think that a pastor should be convicted for giving people a safe place by keeping church doors open 24/7?
On Monday, that's what happened to Pastor Chris Avell of Dad’s Place church in Ohio. He was found guilty of a criminal charge and handed a 60-day suspended jail… pic.twitter.com/vUp4CxAyCI
— First Liberty Institute (@1stLiberty) January 24, 2025
WTVG reports:
Judge North sentenced him to 60 days in jail, with the entirety of that time suspended as long as Avell remains complaint with fire codes. He’ll have to make sure there are no violations in the next two years. Judge North ordered him to pay a $200 fine along with court costs, and placed a hold on the implementation of the sentence and fine for the next month.
Pastor Avell did not wish to provide a comment in court on Tuesday, but his attorneys did say they plan to appeal the decision.
“No pastor in America, including Pastor Chris Avell, should be pronounced guilty for providing temporary shelter to those in desperate need,” said Ryan Gardner, Counsel for First Liberty, a non-profit law firm representing Avell. “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.”
"The City of Bryan reiterates that no decision has been made to prevent Dad's Place from
operating as a church. However, the residential operations of the facility must cease until proper
building and fire code applications are filed and approved by the State of Ohio. The city will continue to work with the appropriate agencies to address homelessness and support faith-based organizations in fulfilling their missions while ensuring the safety of the broader community," Schlade added.
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Today, a judge found Pastor Chris Avell of Dad’s Place church guilty of a criminal charge filed against him by city officials. That's outrageous.
And First Liberty is not giving up. pic.twitter.com/io2m2XAmTM
— First Liberty Institute (@1stLiberty) January 21, 2025
From the Associated Press:
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.
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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