By The Village Reporter Staff
BRYAN — A Williams County judge has issued a final order dismissing the City of Bryan’s civil case against Dad’s Place Church, ending a legal battle that has stretched across nearly three years.
Judge James D. Bates of the Court of Common Pleas of Williams County on Wednesday dismissed with prejudice the motion for permanent injunction brought by city officials seeking to shut down the church’s 24-hour temporary shelter ministry. The ruling means the city cannot refile the civil action.
In his opinion, Judge Bates acknowledged that he initially expected to rule in favor of the city’s fire chief, but ultimately found the city’s enforcement of the fire code could not withstand strict scrutiny — the highest legal standard applied in religious liberty cases.
The judge wrote that the city’s fire code enforcement lacked a compelling interest and was not the least restrictive means of ensuring fire safety, noting that the city had granted waivers to businesses such as hotels while refusing to extend a similar accommodation to the church.
“We praise God for this decision and the work it allows this church to continue in Bryan, Ohio,” said Pastor Chris Avell. “I consider it no coincidence that this decision comes during Holy Week as our church joins Christians worldwide to celebrate Christ’s victory over death.”
First Liberty Institute, a non-profit public interest law firm, along with the law firms Taft Stettinius & Hollister LLP, Gibson, Dunn & Crutcher LLP, and Spengler Nathanson PLL, represented Dad’s Place throughout the litigation.
Jeremy Dys, Senior Counsel at First Liberty Institute, said the decision should bring an end to what he called a three-year campaign against the church. Steve Hartman of Spengler Nathanson said he hopes the city will recognize that the law and Constitution support Dad’s Place.
Philip Williamson of Taft said both the Ohio and federal constitutions protect ministries like Dad’s Place, and expressed hope that the church can now serve its community in peace. Brad Hubbard of Gibson Dunn, who argued the appeal, said the decision sends a clear message that Pastor Avell and Dad’s Place are free to continue living out their faith.
Wednesday’s ruling is a final order on the civil proceedings brought by Fire Chief Douglas Pool on behalf of the city. However, an appeal of Pastor Avell’s separate criminal conviction from Bryan Municipal Court remains pending before the Ohio Sixth District Court of Appeals.
A LONG ROAD TO RESOLUTION
The dispute dates back to March 2023, when Dad’s Place, located at 226 Rear South Main Street in Bryan, began operating around the clock to serve vulnerable members of the community. The church sits next to the Sanctuary of Williams County homeless shelter and often took in individuals the shelter could not accommodate.
By November 2023, city officials told the church to stop its 24-hour operations or face penalties. When Dad’s Place refused to turn people away, the city filed 18 criminal zoning violation charges against Pastor Avell.
Those charges were later dropped in February 2024 after mediation, but new fire code citations followed months later when an inspection found 15 individuals sleeping in the church. The city demanded the church install an expensive fire suppression system, threatening fines of $1,000 per day.
In January 2025, Pastor Avell was found guilty of a criminal fire code violation in Bryan Municipal Court, receiving a $200 fine and a 60-day suspended jail sentence. The city also obtained a civil injunction against the church just before Christmas 2024.
Ohio’s Sixth District Court of Appeals reversed that injunction in November 2025, finding the lower court needed to consider whether fire code enforcement violated the church’s rights under the Ohio Conscience Clause and federal free exercise protections. On remand, Judge Bates applied strict scrutiny and found the city’s case fell short — leading to Wednesday’s final dismissal.
Central to the case was the argument that the city applied its fire safety requirements selectively, requiring the church to install a fire suppression system while not imposing the same requirement on motels, most apartment complexes, and even a senior living facility in Bryan. Ohio Attorney General Dave Yost submitted three briefs in support of Dad’s Place during the appellate proceedings.
The city maintained throughout the case that its actions were taken to protect the health and safety of those inside the building. A request for comment from the City of Bryan regarding Wednesday’s ruling has been made. This story will be updated with any response received.