A local Ohio church says it simply wants to stay open overnight to help its community's most vulnerable citizens, but the city has repeatedly criticized the local pastor's efforts to provide 24-hour shelter to homeless citizens.
Pastor Chris Avell faced nearly two dozen criminal charges for keeping his church open 24 hours a day, seven days a week, attorneys for First Liberty Institute (FLI), which represents the church, told Fox News Digital. The goal is to help anyone in the Bryan, Ohio, community who wants to use its facilities amid a housing shortage and a lack of space at the homeless shelter across the street.
According to a lawyer supporting the church, all this represents “vindictive and harassing behavior.”
Last November, the city charged Pastor Avell 19 times and gave the church an ultimatum: either stop operating overnight or face a $1,000-a-day fine and forced eviction, which would permanently close the church. Pastor Avell refused.
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While 18 of the 19 charges were voluntarily dismissed, one criminal charge remains that attorneys say would force the church to be evicted. FLI maintains that the city’s efforts are a violation of the Ohio Constitution, the U.S. Constitution, the First Amendment, the Religious Land Use and Institutionalized Persons Act, and the Fair Housing Act because there are disabled people staying inside the church.
“There is still one charge pending and it is a significant one,” Jeremy Dys, senior counsel and president of religious institutions at FLI, told Fox News Digital. “It's a fine of $1,000 per day as long as you're not in compliance.”
Pastor Chris Avell and attorney Jeremy Dys (First Liberty Institute)
Last week, FLI and the law firms of Taft Stettinius & Hollister LLP and Spengler Nathanson PLL appealed a federal district court judge’s decision denying a preliminary injunction protecting the religious activities of Dad’s Place and Pastor Avell to the U.S. Court of Appeals for the Sixth Circuit. But while Dad’s Place and FLI awaited an emergency appeal from the Sixth Circuit, the city of Bryan filed a separate civil lawsuit in state court that, if successful, Dys said, would effectively evict the church from its building.
“There are some pretty significant issues with that,” Dys told Fox News Digital. “What they're trying to do is try to get people out of there, at least at night. Now they're citing the fire code saying there's a health and safety issue, which I think their own arguments actually undermine this. If they don't want people to be there at night, well, is it any less safe to be there during the day without the necessary protection that they claim is needed there? That doesn't make sense.”
“This is not a good decision on their part,” Dys added. “This is purely vindictive and harassing behavior, like we have seen time and time again in the city of Bryan, Ohio.”
He said the move contradicts what the city's fire chief said in sworn testimony at his deposition.
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“He said he wouldn't have a problem with people sleeping there as long as they weren't in a prone position, meaning lying down. So someone could sit with their head on a desk. That shouldn't be a problem,” Dys told Fox News Digital.
Dad's place (First Liberty Institute)
Mayor Carrie Schlade responded to the church's claims, telling Fox News Digital in a statement: “It is simply not true that the City of Bryan is harassing Dad's Place. In fact, in a recent court ruling, U.S. District Court Judge Jack Zouhary said the City of Bryan is properly enforcing its zoning and fire codes in the name of safety. That's all we've ever focused on: safety.”
The statement added: “Dad's Place has claimed that it 'wants to be a safe place for those who desperately need it. ' However, instead of simply complying with the law and zoning codes, Dad's Place pastor Chris Avell is endangering the very people he claims to serve.
Dad's Place is welcome in Bryan. We simply want Pastor Avell to respect the law and protect the people who gather at Dad's Place.”
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Pastor Chris Avell (First Liberty Institute)
Dys called the situation “tragic” for Pastor Avell because he wants to support people struggling in his community, but instead “they're prosecuting him, trying to get a criminal conviction for this pastor, and it's appalling.”
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