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.”
News Release
For Immediate Release: 4.25.24
Contact: Peyton Luke Drew, media@firstliberty.org
Direct: 972-941-4453
Breaking: Bryan, Ohio Resumes Harassment of Dad’s Place Church for Keeping Doors Open to Serve Homeless, Threatens New Charges
Church renews request for hearing on temporary restraining order after city once again threatens pastor with criminal charges.
Toledo, OH—Late today, First Liberty Institute and the law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL filed a motion to show cause against Bryan, Ohio after city officials again threatened Dad’s Place Pastor Chris Avell with criminal charges for keeping his church open 24 hours a day, 7 days a week, despite an agreement requiring the city to notify the court if it takes any action against the church.
You can read the motion, here.
“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.”
Earlier this week, police and fire officials showed up at Dad’s Place at 5:30 am for an unannounced inspection, alleged fire code violations, and threatened fines of $1,000 per day if the Church does not immediately halt its 24-hour ministry beginning on May 1, 2024. This was the second time officials arrived for an inspection at 5:30 am.
After the city dropped criminal charges filed against Pastor Avell earlier this year, the church engaged in good faith settlement discussions with city officials at a mediation with Magistrate Judge Clay on February 1, 2024. Hoping to resolve this case and in reliance on the city’s representations to the Court that they would take no further enforcement actions against the church, the church agreed to cancel the preliminary injunction hearing originally scheduled before this Court on March 4. Since that time, the church has addressed many of the alleged safety concerns raised by the city.
The city’s continued harassment of Dad’s Place regarding people staying overnight at the church pressured the church to move a congregant who suffered from seizers to an apartment. The congregant stated he preferred staying at the Church and felt safer staying at the Church because he did not want to be alone at night given his medical condition. However, fearing retribution by the city, the Church asked the congregant to set aside his reservations and relocate to the apartment. Tragically, on April 12, 2024, the congregant suffered another seizure episode while staying alone at the apartment and passed away.
In March 2023, Dad’s Place began operating its ministry 24 hours a day to serve the most vulnerable in its community. For months, Dad’s place did so without incident. However, in November 2023 as winter began in Northern Ohio, Bryan city officials issued an ultimatum to the church: cease operating 24 hours a day or face legal penalties. After Dad’s Place refused to force those within its care out onto the streets, city officials began engaging in a campaign to harass, intimidate, and shut down Dad’s Place, including filing criminal charges against Pastor Avell.
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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 Peyton Luke Drew at media@firstliberty.org or by calling 972-941-4453.
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