By: Jacob Kessler
THE VILLAGE REPORTER
jacob@thevillagereporter.com
The City of Bryan has cited Dad’s Place Church for violating the city and Ohio Fire Codes. These follow charges that were previously placed against Church Pastor Chris Avell by the City of Bryan.
Those charges were placed against Avell back on December 7th of 2023. Eighteen criminal charges were filed for zoning violation charges related to Mr. Avell’s allowing homeless individuals to reside in the church.
Individuals who were in need were allowed to sleep, do laundry, eat, and more inside the church. At the time Mr. Avell stated, “This isn’t a homeless shelter, it’s a church, but we have put in things people can use like a shower and a small ability to do laundry. Some who found this to be a home for them have stuck around.”
Inspections were then completed by the fire chief following a complaint that had been made regarding individuals residing in the building, and safety concerns.
Several issues were found at the time that required remediation efforts. A “reasonable” amount of time was given for these items to be fixed, with Mr. Avell sayin, “several changes had already taken place and others were in progress. “We went through everything and have been working on what we could in the time frame.”
When faced with the zoning violations due to allowing homeless individuals to reside in the church, Mr. Avell stated, “For us, it’s about Christ. We are certainly not trying to be in defiance of the city, we are operating as a church. We are not a residence, and we are not a homeless shelter, but here is a place where people can be and be off the street.”
“We are not going to stop being a church, otherwise, what’s the point? We will not kick someone out unless there is a biblical reason to do so. I am not a lawyer but from my view legally it’s a protected right and from my faith standpoint it’s what our convictions are.”
Fast forward to February 6th, 2024, and Mr. Avell saw the charges against him dropped. This took place after receiving counsel from First Liberty Institute attorneys.
A dialogue was opened between Dad’s Place Church and the City of Bryan which led to an agreement between the two parties for charges to be dropped.
This agreement involved Dad’s Place agreeing to cease residential operations and seek proper building certifications and zoning permits for the operations it planned to pursue, together with the installation of necessary safety measures associated with those permits. A joint statement was also released at that time regarding the issue.
Now, charges have once again been filed against Dad’s Place. A statement from The City of Bryan reads:
“Dad’s Place church has been cited by the City of Bryan for violating city and Ohio Fire Codes, including not having an automatic sprinkler system installed in an area where groups of people are regularly spending the night and sleeping, as required under Ohio law.”
The citations follow a thorough inspection on April 24, 2024, by Bryan Fire Chief Douglas Pool, which found 15 individuals sleeping in the main room of the church.
Building owner Riehle Rentals and Dad’s Church Pastor Chris Avell, who is renting the building, face city and state fire code citations for using a building approved for Assembly or Group A occupancy, which allows for gatherings for worship and other purposes, as a Residential, or Group R, congregate living facility.
Additionally, the sleeping area that has been documented at Dad’s Place over several inspections does not have the required automatic sprinklers. Each violation if not corrected carries a penalty of $1,000 per day. The Ohio Fire Code violations may be appealed to the Ohio Board of Building Appeals.
“We did not want to do this. We must do this for the safety of the people using the church, renters in space above the church and the businesses adjacent to the building,” said Bryan Mayor Carrie Schlade.
“This is not some bureaucratic dispute between Dad’s Place and the city. This is a very dangerous situation for the people that Dad’s Place has invited in to stay overnight.”
Previously, the city had said that Dad’s Place, at 226 S. Main Street, was in violation of the zoning code in using the church as a residence or homeless shelter.
That led to a lawsuit filed against the city by Dad’s Place, which argued its constitutional rights to religious freedom were being violated.
In February, a settlement was reached after mediation by a U.S. District Court judge. In that settlement, the city agreed to drop all charges against Avell.
In turn, Dad’s Place agreed to cease residential operations and seek proper building certification and the installation of any necessary safety measures associated with those permits and the intended use.
In fact, the Fire Chief reported after his inspection that it’s apparent groups of people continue to use the church to sleep in overnight, including children.
“We appreciate that Dad’s Place has tried to help people in need,” Schlade said. “Housing shortages and homelessness are a national problem. But putting these people’s lives at risk in the case of a fire or from other dangers is not helping them.”
The church has said its policy has been to let anyone stay overnight and not ask them to leave “unless there is a biblically valid reason for doing so or if someone at the property poses a danger to himself or others.” Jeremy Dys, senior counsel at the First Liberty law firm who is representing Dad’s Place, has said that the church is not permitting criminal activity to take place and that the numerous police calls there have been made to sound more serious than they actually were.
The statement continued saying, “Here are some facts, which are all part of the public record, about those dangers at Dad’s Place: A grand jury recently indicted an adult male charged with five felony counts for acts involving a child that allegedly took place at Dad’s Place last year.
The charges include two counts of unlawful sexual conduct with a minor, two counts of illegal use of a minor or impaired person in nudity-oriented material, and pandering obscenity involving a minor.
Another man who was convicted of aggravated criminal sex abuse with a victim between the ages of 13 and 16 and now is a registered sex offender has told Bryan Police that he “lives” in the back of Dad’s Place.
Since May 2023, Bryan Police have been called to Dad’s Place 51 times on reports of sexual assault, harassment, larceny, criminal mischief, and other concerns. For comparison’s sake, the next most frequent location for police calls had 20 calls and the third-most had five.
“We take no pleasure in doing this,” said Mayor Schlade, noting that the city’s actions with
Dad’s Place have led to her own children being harassed and threatened on social media, along with harassing and threatening voicemails and emails being sent to city offices, including the Bryan Police and Fire Dispatch.
“Chris Avell and his attorneys have managed to turn issues of safety and complying with laws designed to keep people safe into a publicity seeking crusade about religious freedom. That’s not the reality.”
“We have no interest in restricting anyone’s religious freedom. Here’s what I and the City of Bryan care deeply about: That the people using Dad’s Place church are safe and have all the protections afforded them by the law.”
The Ministry itself also issued a response. First Liberty Institute and the law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL has filed a motion to show cause against Bryan, Ohio after city officials again threatened Dad’s Place Pastor Chris Avell with criminal charges for keeping his church open 24 hours a day, 7 days a week, despite an agreement requiring the city to notify the court if it takes any action against the church.
“Mayor Schlade and city officials demonstrated once again that they have no respect for the First Amendment or for the court,” said Jeremy Dys, Senior Counsel for First Liberty. “The city’s blatant hostility toward Dad’s Place and the court is repugnant.”
Ryan Gardner of First Liberty added, “We are asking the court to send a clear message to city officials in Bryan to stop its illegal harassment of Pastor Chris and Dad’s Place.”
“Earlier this week, police and fire officials showed up at Dad’s Place at 5:30 am for an unannounced inspection, alleged fire code violations, and threatened fines of $1,000 per day if the church does not immediately halt its 24-hour ministry beginning on May 1, 2024. This was the second time officials arrived for an inspection at 5:30 am.”
“After the city dropped criminal charges filed against Pastor Avell earlier this year, the church engaged in good faith settlement discussions with city officials at a mediation with Magistrate Judge Clay on February 1, 2024.”
Hoping to resolve this case and in reliance on the city’s representations to the court that they would take no further enforcement actions against the church, the church agreed to cancel the preliminary injunction hearing originally scheduled for March 4. Since that time, the church has addressed many of the alleged safety concerns raised by the city.”
“The city’s continued harassment of Dad’s Place regarding people staying overnight at the church pressured the church to move a congregant who suffered from seizers to an apartment.”
“The congregant stated he preferred staying at the church and felt safer staying at the church because he did not want to be alone at night given his medical condition.”
However, fearing retribution by the city, the church asked the congregant to set aside his reservations and relocate to the apartment. Tragically, on April 12, 2024, the congregant suffered another seizure episode while staying alone at the apartment and passed away.”
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. 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 legal 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, including filing criminal charges against Pastor Avell.”
This is a developing story and additional information may come available at a later date.
