Dad’s Place

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.”

Although the City is dealing with housing shortages (and even the local homeless shelter is often full), the City is still filing criminal charges against the pastor for trying to fulfill a need within his community.

The City set a date for Pastor Chris’ arraignment in January 2024, and the prosecutor opposed delaying the arraignment so that Pastor Chris could have legal counsel present for the hearing. The pastor was facing criminal charges, yet the prosecutor seemed to not want the defendant to have legal representation! First Liberty stepped in and was able to represent Pastor Chris as he pleaded “not guilty” to the criminal charges.

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.

The next day, a district court judge granted a temporary restraining order against city officials.

In February, First Liberty and city officials in Bryan announced that the city agreed to drop all criminal charges against Pastor Chris.  Dad’s Place in turn agreed to cease residential operations and to seek proper building certifications, and zoning permits for the operations it plans to pursue together with the installation of any necessary safety measures associated with those permits.  Negotiations continue as both sides seek to find a final resolution to the matter.

Attorneys for Dad’s Place and officials with the City of Bryan met for an extended period in U.S. District Court on February 1, 2024.  The purpose of the meeting was to engage in mediation about the disputes between the parties.  The parties worked cooperatively and will continue seeking to find common ground in an effort to settle the pending lawsuit.

But on April 24, 2024, city officials arrived at Dad’s Place at 5:30 am for an unannounced inspection.  They filed more criminal charges against Pastor Avell on April 26.

First Liberty Institute and the law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL filed a motion to show cause against city officials.

“Mayor Schlade and city officials demonstrated once again that they have no respect for the First Amendment or for the court,” said Jeremy Dys, Senior Counsel for First Liberty.  “The city’s blatant hostility toward Dad’s Place and the court is repugnant.”

Ryan Gardner of First Liberty added, “We are asking the court to send a clear message to city officials in Bryan to stop its illegal harassment of Pastor Chris and Dad’s Place.”

On July 23, 2024 First Liberty Institute and the law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL 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.

“It’s unfortunate that we must now ask the U.S Court of Appeals for the Sixth Circuit weigh in and put an end to Mayor Schlade’s and the city’s harassment of Dad’s Place,” said Jeremy Dys, Senior Counsel for First Liberty.  “We must appeal as soon as possible for the sake of those needing the shelter Dad’s Place provides.”

On December 3, 2024, Pastor Avell’s criminal trial took place regarding the fire code violation charged against him. We are currently awaiting a ruling from the Court.

In the meantime, on December 5, 2024 we filed a motion to stay a ruling by Judge J.T. Stelzer that prevents Dad’s Place from allowing people to seek temporary shelter overnight. As each icy day goes by without the stay granted, Dad’s Place is unable to help those in need of a warm shelter from the freezing, nighttime temperatures in Bryan, Ohio. In fact, in order for the people inside Dad’s Place to avoid eviction, they must participate in only assembly-style meetings. This means that if those inside Dad’s Place want to keep out of the biting cold, they must stay awake throughout the night participating in activities. As a short-term solution, Pastor Avell, along with the assistance of fellow Dad’s Place staff, has been tirelessly preaching sermons throughout the entire night to ensure these vulnerable people can stay warm and safe.

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 suggests a stay is 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.”

Attorneys for Dad’s Place appealed, and in late December 2024, a panel of judges on the Court of Appeals of Ohio, Sixth Appellate District, granted our motion stay the preliminary injunction pending appeal, finding that the motion “asserted a reasonable question of law” on a matter of constitutional law.  The decision allows Dad’s Place, a Bryan, Ohio church, to continue its temporary shelter ministry while the case continues on appeal.

Jeremy Dys, Senior Counsel at First Liberty Institute said, “We are grateful to the court for recognizing the weighty issues of Constitutional law and temporarily pausing the city’s aggressive campaign against Dad’s Place. Without this decision by the Court of Appeals, as the judges explained, the city would ‘prohibit Dad’s Place from practicing what it maintains is an important part of its religious beliefs for several months.’  America is better with people like Pastor Chris Avell and Dad’s Place, who compassionately open their doors to people who have nowhere else to go, keeping them from freezing on the snowy sidewalks.”