News Release
For Immediate Release: 1.29.25
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
Ohio AG Dave Yost Files Another Brief in Support of Dad’s Place Church as Appeal Battle Continues
AG argues that lower court ruling against Dad’s Place ignores Ohio Constitution’s broad protections for religious organizations, actions.
Bryan, OH—This week, Ohio Attorney General Dave Yost submitted a friend-of-the-court brief at the Court of Appeals of Ohio, Sixth Appellate District supporting an appeal filed by Dad’s Place, a Bryan, Ohio church keeping its doors open 24-hours a day, seven days a week that has been harassed by city officials for allegedly violating the city’s fire code. First Liberty Institute and the law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL represent Dad’s Place.
AG Yost’s brief can be read here.
Jeremy Dys, Senior Counsel at First Liberty Institute said, “We thank Attorney General Yost for his defense of Dad’s Place and his unflinching leadership in defense of religious liberty for all Ohioans. As he says in his brief, it is past time for the city to relent in its harassment of Dad’s Place and for the court to uphold the Ohio Constitution.”
Gen. Yost’s brief argues, “Applying Ohio’s proper test—strict scrutiny—the Church should prevail, and the preliminary injunction against the Church should be reversed. That is because the City has not shown a likelihood of success that its claimed interests are compelling, nor has it shown that it has chosen the least restrictive means of pursuing its interests. As shown below, the City cannot meet the higher burden that Ohio’s Constitution requires.”
Pastor Avell was recently found guilty of a criminal charge regarding a fire code violation filed against him by city officials. Pastor Avell was fined $200 and given a 60-day suspended jail sentence. The judge stayed that decision for 30-days to allow the Avell’s attorneys to appeal.
This is the third brief filed by General Yost in support of Dad’s Place.
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, even receiving people brought to the church by the Bryan Police Department who had nowhere to go. 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 crippling 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. To date, Mayor Schlade and officials have criminally charged Pastor Avell 19 times, threatened to criminally charge the church’s landlord, used law enforcement officials to needlessly harass and humiliate Dad’s Place and its congregants, and more.
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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 John Manning at media@firstliberty.org or by calling 972-941-4453.
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