PRESS RELEASE – Today, Ohio’s Sixth District Court of Appeals reversed an injunction that had shut down the religious activities of Dad’s Place and Pastor Chris Avell. The decision allows Dad’s Place, a Bryan, Ohio church, to continue its temporary shelter ministry as the city prosecutes its civil enforcement action in the trial court.
The appeal of Pastor Avell’s criminal conviction remains pending. First Liberty Institute and the law firms Taft Stettinius & Hollister LLP, Gibson, Dunn & Crutcher LLP, and Spengler Nathanson PLL represent Dad’s Place and Pastor Avell.
“We find appellant’s assignment of error well-taken and we reverse the December 5, 2024, judgment of the Williams County Court of Common Pleas and remand the case for consideration of whether the enforcement of the fire code would violate appellant’s rights under the Ohio Conscience Clause and the federal free exercise clause consistent with our findings,” a 36-page court document concluded.
Jeremy Dys, Senior Counsel at First Liberty Institute said in a press release, “We are grateful that the court recognized the weighty issues of Constitutional law at hand and ensured that Dad’s Place can continue operating its vital ministry as temperatures begin to drop in Bryan.
“We hope this decision will also serve as the turning point in this case, and that the city will end its two-year campaign against the Church and Pastor Chris.”
Steve Hartman of Spengler Nathanson added, “We are grateful to the court for recognizing the urgent need to protect the free exercise rights of Dad’s Place and Pastor Chris.”
“Ohio and federal law alike protect vital ministries like Dad’s Place, and we are grateful to the court for recognizing that those laws must be enforced with great vigor,” said Philip Williamson of Taft.
Brad Hubbard, an appellate partner at Gibson Dunn, said, “With Thanksgiving around the corner, we are thankful for the court’s careful attention to the facts and the law in this case. We’re also thankful that Dad’s Place is heading into the holiday season without an injunction hanging over its head.
“Religious exercise—including serving the most vulnerable at their time of greatest need—deserves the highest protection afforded by the law.”
According to today’s opinion, “Because the trial court erred in failing to address [Dad’s Place’s] arguments under the Ohio Conscience Clause we must remand the case to the trial court for further proceedings.
On remand, the trial court is directed to consider [Dad’s Place’s] claim under the Ohio Constitution and to reconsider [Dad’s Place’s] free exercise claim under the U.S. Constitution using a strict scrutiny analysis.”
“For over two years, the City of Bryan, Ohio has been attempting to shut down the Church’s ministry through multiple criminal and civil proceedings, including 18 criminal zoning charges, middle-of-the-night fire inspections, and both criminal and civil fire code prosecutions,” added First Liberty Institute in the press release.
“And while city officials demand the church install an expensive fire suppression system, the city does not require any of its motels, most of its apartment complexes, and even a senior living facility to install fire suppression systems in their buildings.”