An Ohio pastor is suing his city after officials ordered him to stop sheltering homeless people in the church building he rented — even claiming the preacher violated the city’s zoning code.
Chris Avell, pastor of Dad’s Place church in Bryan, Ohio, argued that city officials are trying to prevent him from practicing his religious beliefs by preventing him from housing those in need in his 43-page complaint filed in U.S. District Court. for Northern Ohio on Monday.
He also claims that city officials launched a months-long campaign of harassment to try to force him to evict homeless people who sought refuge in his church.
“Instead of prosecuting a priest in an effort to drive his congregation out of his sight, Datuk Bandar [Carrie] Schlade should support a church that is trying to care for the marginalized in its community,” Avell’s attorney, Jonathan Dys, said in a press conference after filing the lawsuit.
“The Constitution and the law demand no less.”
But Bryan city officials say Avell has created a dangerous situation at the church, which allegedly violates fire code and where police have been called to reports of overdoses, disturbing the peace and sexual assault.
Chris Avell, pastor of Dad’s Place church in Bryan, Ohio, argued that city officials were trying to prevent him from practicing his religious beliefs by preventing him from housing those in need. AP
Dad’s Place has kept its doors open 24/7 for those in need since March 2023, when Avell saw homeless people standing in line waiting for beds at an adjacent shelter amid a local housing shortage, according to the Washington Post.
“It’s heartbreaking,” he said.
The church now has a policy that allows anyone to stay overnight without church officials asking them to leave “unless there is a legitimate biblical reason to do so or if a person in the lodging place poses a danger to himself or others,” according to the complaint.
On average, the lawsuit says, an average of eight people seek shelter in the church each night – although that number may rise to 12 if there is an emergency such as bad weather.
Many of those seeking shelter at the church were turned away from nearby shelters because of overcrowding or referred to Dad’s Place by local police departments, according to the lawsuit.
They were overseen by two volunteers, one of whom has been described as a “peacekeeper” while the other “a kind of security guard,” Avell said.
The church is located in the city’s central business zoning district, which prohibits anyone from eating, sleeping or washing their clothes on the property. Google Maps
“The church’s religious mission in operating in this way is to provide a place for people to go who have nowhere else to go and no one to care for them,” the lawsuit said.
But the church is located in the city’s central business zoning district, which prohibits anyone from eating, sleeping or washing their clothes on the property, city officials said.
They also claim that police calls to investigate inappropriate activity at the church began to increase just two months after Avell opened the church to the homeless – citing examples of overdoses, thefts and sexual assaults.
By Nov. 3, the city’s planning and zoning administrator had sent Dad’s Place a cease-and-desist letter, ordering it to stop housing people within 10 days.
But Avell and other church leaders decided the order would conflict with their religious duty to care for “the least” of society, referring to a verse in the Book of Matthew, and decided to keep the church open at all hours of the day, according to the suit.
City officials say Avell has created a dangerous situation at the church, which allegedly violates the fire code and where police have been called for overdoses, disturbing the peace and sexual assault. Carrie Schlade/Facebook
“Church services are not limited to Sunday mornings at 11 a.m.,” Avell said in a news release at the time.
“We welcome anyone to experience the love and truth of Jesus, regardless of time.”
Later that month, city officials ordered its fire chief to conduct an inspection of the church.
He found 18 violations, some of which the city said were serious and could “endanger the lives and safety of those inside the building” including improperly installed laundry equipment, inadequate exits and concerns about ventilation.
The fire chief ordered the church to voluntarily fix the violations on Jan. 9, but when he returned on Jan. 16, he found that five violations remained, city officials said — claiming that the most recent was a gas leak coming from the church.
Avell, however, claimed in his lawsuit that the church worked diligently to correct violations, but city officials would “move the goalposts” during inspections.
Avell said he was forced to act when he saw people queuing for beds at the shelter next door last year. Dad’s Place/Facebook
City officials have denied these claims.
“We absolutely deny any allegation that the city has treated any religious institution improperly,” said the city’s attorney, Marc Fishel.
“The city has been and continues to be interested in any business, any church, any entity that complies with local and state laws.”
City officials also claimed in a news release, “A church does not have any special rights under the zoning code and the city expects Pastor Avell and Dad’s Place to abide by the law.”
They continue to deny that the city is “failing to support the homeless,” noting that a homeless shelter is open right next to the church and that “there are places in the city where Dad’s Place could potentially operate a safe homeless shelter that would be consistent with the zoning code.” “
However, to win the case, Bryan city officials will have to show that stopping Dad’s Place from housing the homeless serves a compelling public interest and preventing people from living there is the least restrictive way to serve that interest, according to Frederick Gedicks, a law professor. law at Brigham Young University.
At a hearing Tuesday, church and city officials agreed to maintain the status quo and keep the church open to the homeless until at least March 4, when a judge considers the church’s request for an injunction against the city.
In the meantime, city officials are seeking to criminally prosecute Avell for zoning code violations.
He pleaded not guilty on January 11, and is due back in court for a pre-trial hearing on January 30 before the trial begins on February 9.
The Post has reached out to Mayor Bryan’s Office for comment.
With Postal wire.
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Source: thtrangdai.edu.vn/en/
