News Release
For Immediate Release: 4.2.26
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
Breaking: Ohio Court Ends City’s Years-Long Effort to Shut Down Church’s 24/7 Ministry
Trial court issues ruling allowing church’s overnight ministry to continue.
Bryan, OH—Today, Judge James D. Bates of the Court of Common Pleas of Williams County issued a final order dismissing with prejudice a lawsuit brought by city officials in Bryan, Ohio, seeking to shut down the religious activities of Dad’s Place and Pastor Chris Avell. The decision allows Dad’s Place, a Bryan, Ohio church, to continue operating its temporary shelter ministry free from interference by the city. First Liberty Institute and the law firms Taft Stettinius & Hollister LLP; Gibson, Dunn & Crutcher, LLP; and Spengler Nathanson PLL represent Dad’s Place.
You can read the Court’s Findings of Fact and Conclusions of Law here.
“We praise God for this decision and the work it allows this church to continue in Bryan, Ohio,” said Chris Avell, pastor of Dad’s Place Church. “I consider it no coincidence that this decision comes during Holy Week as our church joins Christians worldwide to celebrate Christ’s victory over death.”
Jeremy Dys, Senior Counsel at First Liberty Institute said, “This decision should put an end once and for all to the city’s relentless attacks on Dad’s Place and Pastor Chris. All Pastor Chris ever wanted to do was keep the doors of his church open to those in desperate need of temporary shelter. It’s past time for the city to end its mean-spirited, three-year campaign of harassment of this church.”
Steve Hartman of Spengler Nathanson added, “This is a great day for Dad’s Place and Pastor Chris. We hope and pray the city will finally get the message that the law and Constitution are on the side of Dad’s Place.”
“The Ohio and federal Constitutions alike protect vital ministries like Dad’s Place, and we are grateful to the court for recognizing that the church is entitled to the protections. We are hopeful that Dad’s Place can now serve the community in peace,” said Philip Williamson of Taft.
Brad Hubbard, an appellate partner at Gibson Dunn who argued the appeal for Dad’s Place, said, “Religious exercise—including serving the most vulnerable in our communities at their time of greatest need—deserves the highest protection afforded by the First Amendment. Today’s decision sends a clear message to city officials: Pastor Chris and Dad’s Place are free to continue living out their faith by keeping the church open to serve the people of Bryan.”
According to today’s opinion:
“The Court from the initial time it was appointed to the case, felt that it would have to find for the Fire Chief. Having applied strict scrutiny . . . , the Court concedes that the Fire Chief’s enforcement of the fire code fails because it lacks a compelling interest and isn’t the least restrictive means of enforcing fire safety. The City has given waivers to other businesses like hotels, but has refused to give the church a similar accommodation. This is fatal under strict scrutiny. Therefore, a judgment in favor of Dad’s Place must be entered.”
Dad’s Place is a church in northwest Ohio that operates 24-hours a day to serve the most vulnerable in its community. For almost three years, the City of Bryan, Ohio has been attempting to shut down the Church’s ministry through multiple criminal and civil proceeding, including 18 criminal zoning charges, middle-of-the-night fire inspections, and both criminal and civil fire code prosecutions. And while city officials demand the church install an expensive fire suppression system, the city does not require any of its motels, most of its apartment complexes, and even a senior living facility to install fire suppression systems in their buildings.
Today’s decision is a final order on the civil proceedings instituted against Dad’s Place by Fire Chief Douglas Pool on behalf of the City of Bryan. An appeal of Pastor Avell’s criminal conviction from Bryan Municipal Court remains pending before the Ohio Sixth District Court of Appeals.
###
About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.
 |
|
|
