A judge in northwestern Ohio found a pastor guilty on criminal charges Tuesday for failing to comply with the city fire code after he opened his church to let homeless people and others stay inside overnight to escape the winter chill.
Chris Avell, pastor of Dad's Place Church in the city of Bryan, could face a $200 fine and up to 60 days in jail if he continues to let people to stay inside his church around the clock without state approval that the building is up to code.
Bryan Municipal Court Judge Kent North's decision is another step in a legal battle that began in late 2023 between the church and the city over the legality of it operating as a temporary shelter for homeless people and others.
“No pastor in America, including Pastor Avell, should ever be found guilty for just trying to help other people and provide them temporary shelter,” Jeremy Dys, an attorney representing Avell, told The Associated Press. “Only a seasoned government official would think it is a safer idea to put people in subzero temperatures on the street than allow them to find warmth inside of a church.”
The temperature in Bryan was in the single digits Tuesday as the Northern Plains up to the tip of Maine endured dangerously cold weather.
Judge North stayed the sentence, allowing Dys to appeal, and the attorney confirmed he plans to do so.
Last year police filed 18 criminal charges against Avell over allegations that the rented church building next to a separate homeless shelter along Main Street was in violation of the zoning ordinance, lacked proper kitchen and laundry facilities, and had unsafe exits and inadequate ventilation.
In response the church filed a federal lawsuit alleging that the city has “used law enforcement officials to needlessly harass and humiliate the church and its congregants" and was threatening additional actions to shut down the church.
A statement on the city’s website said the decision does not prevent Dad’s Place from operating as a church but the residential operations must stop until proper building and fire code applications are filed and approved.
“This has been about fire code compliance for public safety,” Bryan Fire Department Chief Douglas Pool said. “It’s never been about anything as far as religion, and we are appreciative of the court’s findings today to again show that we are trying to protect the public by enforcement of the fire code.”
