For three years, officials in Bryan, Ohio, have openly persecuted Pastor Chris Avell for sheltering the homeless, but an appellate court has now ruled that the city and a district court judge denied him his constitutional defenses.
[UPDATE] An Ohio appeals court has vacated the criminal conviction of a pastor who faced fire code charges and jail after he tried to keep his church open 24 hours a day.
The Ohio Sixth District Court of Appeals ruled for Pastor Chris Avell of Dad’s Place in Bryan, concluding that the trial court did not address his religious liberty defenses before entering the conviction. The appeals court has now sent the case back to the trial court, where Avell’s claims under the U.S. Constitution and the Ohio Constitution are expected to be considered.
Avell’s attorneys argued from the start that Bryan officials violated the church’s First Amendment rights by using fire and zoning regulations to interfere with its religious ministry. Dad’s Place, located in northwest Ohio, operates around the clock, providing assistance and a place of refuge for homeless and other vulnerable members of the community.
“We are grateful that the court vacated the criminal conviction,” said Ryan Gardner, senior counsel for First Liberty Institute. “Pastor Chris has the constitutional right to operate his church free from the government imposing draconian fire code regulations. We hope that this latest ruling will put an end to the years-long legal battle that Pastor Chris has endured. We are grateful to all the work of our co-counsels in this case.”
The decision is the latest development in a dispute that has stretched for nearly three years and involved both civil and criminal proceedings.
Earlier this year, the Williams County Court of Common Pleas issued a final order dismissing with prejudice a separate lawsuit filed by Bryan officials that had sought to halt religious activities at Dad’s Place over the same alleged fire code violations. A dismissal with prejudice prevents the same claim from being refiled.
Throughout the dispute, city officials have used a number of enforcement strategies to try to shut the church down, among them 18 criminal zoning charges and late-night fire inspections.
The city also demanded that Dad’s Place install a fire suppression system. Avell’s attorneys contend that the requirement unfairly burdens the church and is not applied equally to other facilities in Bryan. The city does not require its motels, most apartment complexes, or even a senior living facility to have similar fire suppression systems.
The appeals court’s ruling does not resolve all of the underlying constitutional questions. Instead, it requires the trial court to address Avell’s constitutional defenses before determining if and how the criminal case should proceed.
However, Jeremy Dys, senior counsel with First Liberty, is confident that the trial court will finally dismiss the charges, stating,
“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.”
ORIGINAL ARTICLE
Ohio Court Delays Punishment of Pastor Who Sheltered Homeless
{Published on February 25, 2025} An Ohio appellate court has placed a stay on the criminal sentence imposed on Pastor Chris Avell, the pastor of Dad’s Place church in Bryan, Ohio, who was charged with fire code violations after allowing homeless individuals to come in at night for protection from winter weather.
Avell was tried and convicted in municipal court earlier this year for keeping the church’s doors open 24 hours a day to serve people in need. A local judge handed down a $200 fine and 60-day suspended jail sentence to the pastor.
First Liberty Institute, Avell’s legal representative, immediately appealed, and the appellate court agreed to put a hold on the case until it is heard on its merits, according to Senior Counsel Jeremy Dys.
“This is the second time that an Ohio appellate court has recognized that Dad’s Place’s case presents a strong likelihood to succeed on appeal,” he said. “We are grateful to the court for granting this stay and will continue to fight until city officials in Bryan abandon their harassment of Dad’s Place and Pastor Chris.”
The case was helped by Ohio Attorney General Dave Yost, who submitted three briefs in support of Dad’s Place, a First Liberty statement noted.
“This is a battle over the First Amendment and freedom of religion,” AG Yost explained. “Pastor Chris keeps his church open to anybody, all the time, because he believes the words of Jesus as recorded in the 25th Chapter of Matthew’s Gospel: ‘What you do for the least of these, you do it for me.’”
Bryan Mayor Carrie Schlade, however, disputes that the case is about religious freedom, saying in a statement in January that the City of Bryan has consistently emphasized that public safety regulations must be followed.
“The city remains committed to addressing homelessness within the community and continues to collaborate with appropriate agencies,” the statement read. “At the same time, the city is dedicated to upholding laws related to public safety, particularly fire code enforcement, which is critical to ensuring the well-being of all residents.”
The case centers on a fundamental debate about the proper role of government in regulating religious institutions. Many Christians see Pastor Avell’s actions as a direct application of Jesus’ teaching. For many believers, the decision to keep the church open symbolizes a commitment to living out the Gospel through practical ministry.
The Attorney General’s intervention has helped shift the narrative from civic regulation to constitutional rights, emphasizing that the case is much more than a local dispute — it is about the freedom to practice one’s religion without state interference.
While the stay on Pastor Avell’s sentence brings immediate relief, the battle is far from over.
Despite the halt in enforcement, he remains convicted and legally considered a criminal — a status that could ultimately lead to jail time, depending on the outcome of his appeal. City officials in Bryan have made it clear that their determination to enforce the municipal ruling will continue unabated until Avell is behind bars and the church’s outreach activities are permanently halted.
First Liberty attorneys say they are working to make sure this doesn’t happen, emphasizing that the ministry’s commitment to serving those in need is a non-negotiable aspect of its Christian mission.
“No pastor in America, including Pastor Chris Avell, should be pronounced guilty for providing temporary shelter to those in desperate need,” said First Liberty Senior Counsel Ryan Gardner. “Only government officials could say with a straight face that people are safer in the sub-zero temperatures on the street than inside the warmth of a church.”
These words strike at the heart of the matter: The act of opening one’s doors to the destitute is a profound expression of faith and obedience to Christ’s call to serve the marginalized, not some act of rebellion against the government.
Despite facing so much hostility and the possibility of jail, Pastor Avell is being obedient and faithful. His example in opening Dad’s Place to those who are cold and hungry challenges us all to examine our Christian calling in a time when our compassion is both tested and needed. In Matthew 25:40, Jesus teaches, “What you do for the least of these, you do it for me,” a command that underscores the vital importance of caring for those on the margins.
For defenders of religious freedom and Pastor Avell, the appellate court’s decision is a moment of celebration and cautious optimism. While it halts the immediate threat of jail and preserves the church’s ability to shelter the homeless from winter’s brutal elements, the ongoing legal battle highlights the persistent challenges Christians face in a rapidly changing cultural and political landscape.
It also is a reminder that following and obeying Christ comes with risks. Jesus warns of this reality in John 15:18, ESV: “If the world hates you, know that it has hated me before it hated you.”
Pastor Avell shows us that our faith is not confined to Sunday services or quiet devotion but is meant to be lived out in active love and service. His ministry is a living demonstration of the Gospel. In our communities, we are called to be the hands and feet of Jesus by reaching out to those in need, offering comfort, shelter, and hope.
James 2:15-16, NIV, instructs: “Suppose a brother or a sister is without clothes and daily food. If one of you says to them, ‘Go in peace; keep warm and well fed,’ but does nothing about their physical needs, what good is it? In the same way, faith by itself, if it is not accompanied by action, is dead.” Our actions serve as an expression of our love for God and others.
This case reminds us to stand firm in our beliefs even when the world challenges our convictions. It encourages us to advocate for religious freedom and the rights of faith-based initiatives to serve without fear of retribution.
Christians should continue to pray for Pastor Avell and others like him who labor in service to the vulnerable, even as we too commit ourselves to acts of kindness, volunteer our time, and financially support those working to make our society a place that sees the love of Jesus demonstrated in tangible ways.
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