Dad’s Place

Criminalizing Compassion

In March 2023, Pastor Chris Avell of “Dad’s Place” in Bryan, Ohio began operating his ministry 24 hours a day to serve the most vulnerable in his local community.  For months, Dad’s place did so without incident.

But in late 2023, the City sent a cease and desist letter to the Church, ordering it to stop allowing overnight guests within 10 days or face criminal prosecution, with each day of operation constituting a new criminal offense. After the Church refused to comply, the City filed 18 separate criminal charges. Mayor Carrie Schlade also refused to meet with Pastor Chris to even discuss the charges, which her office was helping to oversee.

Then, on the Sunday morning of New Year’s Eve, the police abruptly showed up at the church to issue the criminal charges for keeping his church open and daring to care for the homeless in the frigid winter.

Dad’s Place originally decided to keep its doors open 24/7 to anyone in the community wishing to use its facilities in part because with the homeless shelter across the street was often full, leaving many vulnerable people in jeopardy and at risk of having nowhere to go in Bryan.

Pastor Avell said, “The ministry of the church is not confined to Sunday morning at 11am.  We welcome anyone to experience the love and truth of Jesus, regardless of the time of day.”

Defending Dad’s Place

On January 22, 2024, 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 and preliminary injunction against Bryan, Ohio and city officials seeking to shut down the religious activities of Dad’s Place and Pastor Chris Avell.  Avell faced nearly two dozen criminal charges for keeping his church open 24 hours a day, 7 days a week.

A Federal judge issued an order enforcing the status quo soon after.  As part of an effort to resolve the dispute, Dad’s Place soon agreed to post rules for its overnight ministry, take corrective action on minor repairs requested by the Fire Chief, and prevent anyone from permanently living at the church. In exchange, the City agreed to dismiss the pending criminal charges against Pastor Avell.

Continued Persecution

In April 2024, city officials returned to Dad’s Place at 5:30 am for an unannounced fire inspection, resulting in the City’s filing of additional criminal charges against Pastor Avell on April 26.

In July 2024, attorneys appealed to the U.S. Court of Appeals for the Sixth Circuit a decision by a federal district court judge denying a preliminary injunction to protect the religious activities of Dad’s Place and Pastor Chris Avell.  Dad’s Place also filed an emergency motion for preliminary injunction pending appeal.

While awaiting a decision from the Sixth Circuit, Bryan’s Fire Chief launched a new civil enforcement lawsuit against Dad’s Place in the Williams County Court of Common Pleas.  The lawsuit asked for an injunction that, if issued, would have prevented the operation of Dad’s Place.  After a hearing in September of 2024, a judge for the Williams County Court of Common Pleas issued an injunction against Dad’s Place on December 5, 2024.

Earlier that week, on December 3, 2024, Pastor Avell’s criminal trial took place regarding the fire code violation charged against him.

A Glimmer of Hope

Standing up for Dad’s Place, Ohio Attorney General Dave Yost submitted a friend-of-the-court brief supporting Dad’s Place, after being moved by the story of Dad’s Place and meeting the people there. His brief suggested a stay was necessary “to both prevent imminent harm to Ohio citizens who are relying tonight on the warmth of the first floor of Dad’s Place to escape the cold, and to appropriately litigate the Ohio constitutional rights potentially implicated by the City of Bryan’s enforcement of its regulations.”

In an OpEd announcing his involvement, Ohio Attorney General Dave Yost said that the city was using “all the petty tools it has to express its displeasure with unfavored members of the community.”

In late December 2024, a panel of judges on the Court of Appeals of Ohio, Sixth Appellate District, granted the motion to stay the preliminary injunction issued by the Williams County Court of Common Pleas, pending appeal, finding that the motion “asserted a reasonable question of law” on a matter of constitutional law.  The decision allows Dad’s Place to continue its temporary shelter ministry while the case continues on appeal.

Criminally Convicted

While the appeal of the Williams County Court of Common Pleas decision proceeded on appeal, a Byran Municipal Court judge found Pastor Avell was guilty of a criminal charge regarding a fire code violation filed against him by city officials following his trial in early December of 2024. The court fined Pastor Avell $200 and issued a suspended sentenced 60-days in jail.  The judge also stayed his decision for 30-days to allow the Avell’s attorneys to appeal.  A state appeals court then granted a motion to stay the imposition of the criminal sentence until appeals are exhausted.

Fighting for Justice

In May of 2025, attorneys for Dad’s Place argued at the Sixth District Court of Appeals of Ohio, asking the court to reverse the decision of the Williams County Court of Common Pleas.

In August 2025, both parties agreed to a dismissal with prejudice for the Federal lawsuit, to focus the dispute on the two pending appeals before the Sixth District Court of Appeals of Ohio.

A Step in the Right Direction

In late November 2025, Ohio’s Sixth District Court of Appeals reversed the injunction of the Williams County Court of Common Pleas, allowing Dad’s Place to continue its temporary shelter ministry as the city prosecutes its civil enforcement action in the trial court, but ordering the lower court to evalute the case under the highest standard of review.

A Win for Dad’s Place

On April 2, 2026 the Court of Common Pleas of Williams County issued a final order dismissing with prejudice a lawsuit brought by city of Bryan, Ohio, seeking to shut down the religious activities of Dad’s Place and Pastor Chris Avell.  The decision allows Dad’s Place, to continue operating its temporary shelter ministry free from interference by the city.

“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.”

Ryan Gardner, 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.”

A Win for Pastor Chris Avell

In September 2026, the Ohio Sixth District Court of Appeals vacated the lower court decision and concluded that the trial court failed to rule on Pastor Avell’s constitutional defenses that the city was violating his rights under both the U.S. and Ohio Constitutions and remanded the case to the trial court to consider the constitutional defenses in the first instance.

Dad’s Place has never closed its doors since the city began its efforts to shut down Dad’s Place’s overnight ministry in late 2023